Fixturing Period. 10.1 The Fixturing Period means the period of ninety (90) days from the date the Landlord’s (Base Building) Work is substantially completed and the Premises are turned over to the Tenant for purposes of the Tenant’s Work. The Landlord shall provide the Tenant with no later than thirty (30) days notice that the Landlord’s (Base Building) Work will be completed and ready for commencement of the Fixturing Period. The Landlord may provide notice to the Tenant of the commencement of the Fixturing Period at any time following execution of the Offer to Lease whether or not this Lease has been executed by the parties hereto. If the Fixturing Period has not commenced by March 1, 2001, the Tenant may, at it sole option, terminate this Lease and the deposit, plus all accrued interest, shall be returned to the Tenant.
10.2 The Tenant shall have exclusive possession of the Premises for at least the last 45 days of the Fixturing Period. In the event the Tenant is unable to obtain exclusive possession for at least the last 45 days of the Fixturing Period, then the Fixturing Period will be extended to such date in order to allow the Tenant exclusive possession of the Premises for 45 consecutive days. In any event, the Tenant’s possession of the Premises during the balance of the Fixturing Period may be in common with the Landlord, provided the Landlord shall use all reasonable best efforts to ensure its contractors do not interfere with the construction and installation of the Tenant’s Work.
10.3 Prior to the commencement of the Fixturing Period, but following substantial completion of the Landlord’s (Base Building) Work, the Landlord shall allow the Tenant to occupy the Premises on the first day following the day on which the Landlord can provide lawful occupancy to the Tenant for the purposes of allowing the Tenant to perform the Tenant’s Work. Any period which the Tenant is allowed to occupy the Premises under this Section 10.3 shall be Basic Rent and Additional Rent free and shall not reduce the Fixturing Period.
Fixturing Period. Subject to the provisions set forth in Section 19.1 hereof, the Landlord shall use its best efforts to give occupancy of Spaces “A” to “D” inclusively to the Tenant prior to the Commencement Date (the period between the date the aforesaid spaces are made available to the Tenant and the Commencement Date being referred to herein as the “Fixturing Period”) to allow the Tenant to supply and install in Spaces “A” to “D” inclusively its furniture and moveable effects. Notwithstanding anything contained in this Lease, no Net Rent or Additional Rent in respect of Spaces “A” to “D” inclusively shall be payable during the Fixturing Period but all other conditions of this Lease shall apply during the Fixturing Period. During the Fixturing Period, the Tenant shall have joint occupancy of Spaces “A” to “D” inclusively with the Landlord, each not interfering with the other. The Tenant shall, during the Fixturing Period, maintain adequate public liability insurance coverage and shall indemnify and hold harmless the Landlord for any damage, injuries or destructions arising in or upon the Premises to any property or person or for any injuries sustained, and which are caused by an act or omission of the tenant, its servants, employees, agents or those for whom the Tenant is in law responsible. It is understood that the Landlord shall not charge the Tenant for any costs of using the Building’s freight elevators during the Tenant’s initial move in Spaces “A” to “D” inclusively.
Fixturing Period. In addition to Sublandlord's agreement with respect to access set forth in the Work Letter Agreement (Exhibit I) , Sublandlord shall permit Subtenant to access the Premises up to thirty (30) days prior to the Sublease Commencement Date (or Commencement Date, as the case may be) for any portion of the Premises in order to install Subtenant's furniture (in Building One, Floor One), communications systems, equipment and trade fixtures ("Fixturing Period"), provided that such access shall be subject to all of the provisions of this Sublease, excluding the payment of Rent and Sublease Expenses, but including without limitation each of Subtenant's indemnity obligations hereunder. Early entry into the Premises shall not advance the Expiration Date, or the expiration date of any extension of the term hereof.
Fixturing Period. Provided the Sublandlord has approved the Subtenant’s insurance and subject to any delay caused by the Subtenant, the Subtenant will have the right to occupy the Sublet Premises from the date of Head Landlord’s Consent (the “Possession Date”) until the Commencement Date (the “Fixturing Period”). The Sublandlord and the Subtenant agree that during the Fixturing Period:
(a) the Subtenant will be bound by all of the provisions of this Sublease and the Head Lease, save and except that the Subtenant will not be obligated to pay Sublease Rent;
(b) the Subtenant will be responsible for maintaining the insurance required by the Head Lease;
(c) the Subtenant will be entitled to access and occupy the Sublet Premises;
(d) the Subtenant will be entitled to conduct its business, in accordance with the permitted uses set out herein;
(e) the Subtenant will at all times have access to the Building and the Sublet Premises as allowed by the Head Lease;
(f) the Subtenant will have access to, and will only use, the freight elevators of the Building during the Normal Business Hours for the Building as allowed by the Head Lease;
(g) the Subtenant will have access to certain non-freight elevators of the Building, as determined by the Head Landlord, outside of the Normal Business Hours for the Building: and
(h) The Fixturing Period shall not be less than seventy (70) days following the Possession Date.
Fixturing Period. The Tenant will be given access to the Premises for the purpose of construction of its leasehold improvements and fixturing the Premises provided the Deposit has been received by the Landlord, utilities are placed in the Tenant’s name, the necessary insurance is in place and the formal lease document has been executed by the Tenant and is in the Landlord’s possession until the day prior to the Commencement Date (the “Fixturing Period”). During the Fixturing Period, the Tenant may occupy the Premises jointly with the Landlord and the Landlord’s contractor and agents for the purpose of completing the Tenant’s Work and Landlord’s Work. The Tenant’s occupation of the Premises during the Fixturing Period will be governed by all terms and conditions of the Lease, save and except that the Tenant will not be responsible for the payment of Base Rent or Occupancy Costs, and the Tenant shall have the utilities transferred into the Tenant’s name upon occupancy of the Premises and shall reimburse the Landlord until such transfer occurs. Should the Tenant’s fixturing of the Premises be completed prior to the Commencement Date, the Tenant will be permitted to occupy the Premises for the purpose of conducting its business for the remainder of the Fixturing Period on the terms and conditions set out herein. It is understood and agreed that the Fixturing Period is meant to be used by the Tenant for the construction of the Tenant’s improvements and placement of equipment and racking in the Premises to the extent that all necessary permits or approvals from governing authorities are in place to do so. The Tenant shall not bring any of its inventory, product, or merchandise onto the Premises, nor shall it commence installation of tenant improvements or conduct business from the Premises, until all required approvals, permits, etc. from the applicable governing authorities are in place. Unless otherwise stated in the Lease, the Tenant acknowledges that the foregoing is solely the Tenant’s responsibility, and the Tenant shall indemnify and hold harmless the Landlord against any disregard of same.
Fixturing Period. Provided this Lease has been executed by the Tenant by no later than March 24, 2017, and proof of insurance in accordance with the provisions contained in this lease have been provided prior to the Tenant being provided access to the Premises, it is estimated the Premises will be substantially completed for the Tenant to be given access to the Premises for the purpose of installing its furniture, equipment, services and commencing its business in the Premises on or about June 1, 2017, to the day immediately preceding the Commencement Date (the “Fixturing Period”). The Tenant’s occupation of the Premises during the Fixturing Period will be governed by all terms and conditions of the lease, save and except that the tenant will not be responsible for the payment of Basic Rent or Additional Rent, but will reimburse the Landlord for its utilities and any other services provided by the Landlord, such as cleaning.
Fixturing Period. The Tenant shall have possession of the Leased Premises for the Fixturing Period for the purpose of fixturing the Additional Premises. Notwithstanding any other provision of this Agreement and the Lease, the Tenant shall not be required to pay any Rental for the Additional Premises during the Fixturing Period. In the event the Tenant completes its fixturing of the Additional Premises prior to the end of the Fixturing Period, the Tenant may occupy and open for business in the Additional Premises prior to the Effective Date, but the Tenant’s obligation to pay Rental for the Additional Premises shall not begin until the Effective Date. Except with respect to the payment of Rental for the Additional Premises during the Fixturing Period, the Tenant shall be bound by all terms and conditions of this Agreement and the Lease during the Fixturing Period.
Fixturing Period. 12.01 The fixturing period for the Licenced Space shall commenced on June 1, 2023, together with the Licensee providing the Licensor with the following:
a) Evidence of insurance as set out in Section 16 of this Licence;
b) Receipt of payment of the first month’s Fees; and,
c) Receipt of all necessary approvals and permits, as may be required, including but not limited to WSIB Clearance Certificates, AGCO Special Occasion Permits, approved plans for alterations and/or additions, and building permits.
Fixturing Period. Intentionally deleted.
Fixturing Period. (a) Tenant shall be entitled to vacant possession of the Premises from the date which is the later to occur of:
(i) the date upon which the Lease has been fully executed and delivered; and
(ii) with respect to:
(A) Xxxx 0, Xxxxxxxx 0, 0000 (“Unit 5 Delivery Date”), but if Landlord is unable to obtain vacant possession of Unit 5 by such date for any reason whatsoever, this Offer and the Lease to be executed pursuant hereto shall not be void or voidable and Landlord shall not be liable for any losses, costs or damages whatsoever resulting therefrom and the Unit 5 Commencement Date shall be delayed by the number of days, if any, which fall between November 1, 2009 and the Unit 5 Delivery Date but, for greater certainty, there shall be no delay to the Expiry Date; and
(B) Xxxx 0, Xxxxx 0, 0000 (“Unit 4 Delivery Date”). Save and except where expressly set out herein, the Unit 5 Delivery Date and the Unit 4 Delivery Date shall be known collectively as the “Delivery Date”.
(b) Tenant shall be entitled to occupy each of Xxxx 0 xxx Xxxx 0 from the Unit 5 Delivery Date and the Unit 4 Delivery Date, respectively, and continuing thereafter for a maximum of four (4) months, up to and including the day immediately preceding the Unit 5 Commencement Date and the Unit 4 Commencement Date, respectively, for the purpose of completing the Tenant’s Work (as hereinafter defined) in Unit 5 and Unit 4, as the case may be and, thereafter, in order to commence carrying on business therefrom (collectively, “Fixturing Period”). During the Fixturing Period, Tenant shall not be obliged to pay Basic Rent, Operating Costs, Management Fee or Realty Taxes with respect to such portion of the Premises being occupied but shall be liable for its separately metered utilities and the costs of any additional services in accordance with the Lease for which Tenant will continue to be obligated to pay, and Tenant shall be subject to all the other terms and conditions of the Lease insofar as they are applicable including, without limitation, the obligation to maintain insurance, and the provisions relating to the liability of Tenant for its acts and omissions, and the acts and omissions of its servants, employees, agents, contractors, invitees, concessionaires and licensees and the indemnification of Landlord and others under the Lease.
(c) On or before the Xxxx 0 Delivery Date and the Unit 4 Delivery Date, as the case may be, Tenant shall deliver to Landlord: certificate(s) evidencing requisite insu...
