Common use of Fixturing Period Clause in Contracts

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. 10.1 The Tenant shall be allowed a fixturing period (the “Fixturing Period”) for the purpose of completing the Tenant’s Work and preparing the Leased Premises for their intended use, for a period of eight (8) months commencing on the Commencement Date. The Fixturing Period means shall be subject to extension for any delays in 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 carrying out of the Tenant’s WorkWork caused by events of force majeure, provided that in no event shall the Fixturing Period extend beyond ten (10) months from the Commencement Date (but subject to the next ensuing paragraph in respect of the Fixturing Period Extension). The Landlord shall provide By way of example, if the Commencement Date occurs on November 1, 2004, the Tenant with agrees that payment of Minimum Rent and Additional Rent shall commence in any event or circumstance, subject to the Fixturing Period Extension, no later than thirty September 1, 2005. During the Fixturing Period, and subject to the foregoing, the Tenant shall be responsible only for the cost of utilities consumed, Tenant’s insurance coverage in accordance with this Lease, insurance premiums incurred by the Landlord in connection with the Tenant’s occupancy of the Leased Premises during the Fixturing Period, and any special operating costs (30i.e., security, waste disposal, etc.) days notice that may be requested in writing by the LandlordTenant or otherwise incurred by the Landlord as a result of the Tenant’s (Base Building) Work will be completed and ready for commencement occupancy of the Leased Premises during the Fixturing Period. The Landlord may provide notice to agrees that the Tenant of the commencement of can operate its business during the Fixturing Period at any time following execution of if it completes 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 Tenant’s Work prior to the Tenant. 10.2 The Tenant shall have exclusive possession of the Premises for at least the last 45 days end of the Fixturing Period. In the event the Tenant is unable to obtain exclusive possession for at least the last 45 days If substantial completion of the Fixturing PeriodLandlord’s Work for the Building has not been achieved by February 28, 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 event2005, the Tenant’s possession duration of the Premises during the balance of the Fixturing Period may shall be in common with extended (the Landlord“Fixturing Period Extension”) by a period of time commencing on February 28, provided 2005 and ending when 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 has achieved substantial completion of the Landlord’s (Base Work for the Building) Work, . The Landlord represents and warrants to the Tenant that the ongoing work by the Landlord shall allow in respect of completing construction of the Building and the Common Areas and Facilities will not impair the ability of 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 commence the Tenant’s Work. Any period which Work or to obtain a building permit therefor to permit Tenant’s Work to commence on 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 PeriodCommencement Date.

Fixturing Period. 10.1 6.1 The Fixturing Period means Tenant will be granted access to the Additional Space for a period of ninety eight (908) months (the “Additional Space Fixturing Period”), commencing on that date (the “Additional Space Possession Date”) days which is five (5) Business Days after the Landlord has received, to its satisfaction, the Development Permit Minor Amendment (the “DPMA”) from the date City of Vancouver in regards to the Landlord’s (Base Building) Work is substantially completed relocation of the gymnasium facilities within the Building from the Additional Space to alternate premises acceptable to the Landlord and the Premises are turned over related work associated therewith to the Tenant for purposes carry out all of the Tenant’s WorkWork in respect of the Additional Space. The Landlord All of the Tenant’s Work in respect of the Additional Space shall provide be completed at the cost and expense of the Tenant and otherwise in accordance with no later than thirty (30) days notice that the Landlord’s (Base Building) Work will be completed and ready for commencement terms of the Fixturing PeriodLease, mutatis mutandis, except as otherwise expressly provided herein. The Landlord may provide notice Notwithstanding anything to the Tenant contrary herein or in the Lease, the Tenant’s failure to complete the Tenant’s Work in respect of the Additional Space during the Additional Space Fixturing Period shall not delay the commencement of the Fixturing Period at Tenant’s obligation to pay Basic Rent or any time following execution Additional Rent in respect of the Offer to Lease whether or not this Lease has been executed by Additional Space as and from the parties heretoAdditional Space Commencement Date. If For greater certainty, the “Additional Space Commencement Date” shall mean that date which is the day immediately following the expiry of the Additional Space Fixturing Period has not commenced by March 1, 2001Period. CRE:55282-2\EM-008091_1_3 6.2 During the Additional Space Fixturing Period, the Tenant may, at it sole option, terminate this Lease shall construct or cause to be constructed and the deposit, plus all accrued interest, shall be returned to completed the Tenant. 10.2 ’s Work in respect thereof in a good and workmanlike manner and in accordance with the plans and specifications approved by the Landlord, acting reasonably. The Tenant shall have exclusive possession not commence construction of any Tenant’s Work in respect of the Premises Additional Space until all plans and specifications for at least the last 45 days Tenant’s Work are approved by the Landlord, such approval not to be unreasonably withheld or delayed, and the Tenant has obtained all necessary permits for the Tenant’s Work under all Applicable Laws. 6.3 During the Additional Space Fixturing Period and during any period of time prior to the Fixturing Period. In the event Additional Space Commencement Date in which the Tenant is unable permitted by the Landlord to obtain exclusive possession for at least the last 45 days have occupancy of the Fixturing PeriodPremises, 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 whether exclusively or in common with the Landlord, its contractors, sub-contractors or employees, the Tenant shall be bound by all the provisions of the Lease except the Tenant shall not, during the Additional Space Fixturing Period, be required to pay: (i) Basic Rent, (ii) Leased Area Expenses, or (iii) the Tenant’s Proportionate Share of the Common Area Expenses, in respect of the Additional Space. However, notwithstanding the foregoing, the Tenant shall, during the Additional Space Fixturing Period, be obligated to pay for all utilities consumed at the Additional Space and the costs of all garbage and recycling removal and disposal from the Additional Space. Furthermore, should the Tenant occupy and conduct business within the Additional Space at any time during the Additional Space Fixturing Period, then the Tenant will be obligated to pay for all costs associated with the Tenant’s use of the Additional Space including, without limitation, hydro costs, after-hours HVAC costs and the costs of janitorial service within the Additional Space. 6.4 The Tenant or its contractors or agents shall not be entitled to possession of the Additional Space whether to commence the Tenant’s Work in respect thereof or for any other reason unless or until: (i) the Subject Condition set forth in Section 8 below has been satisfied; (ii) there is not then any Event of Default by the Tenant under the Lease; (iii) the Landlord notifies the Tenant that the Landlord has approved the Tenant’s plans and specifications for the Tenant’s Work in respect of the Additional Space, and the Additional Space Fixturing Period has commenced; and (iv) the Tenant and its contractors have provided the Landlord shall use all reasonable best efforts to ensure its contractors do not interfere with certificates of insurance verifying it has complied with the construction and installation of insurance requirements under the Tenant’s WorkLease. 10.3 Prior 6.5 For greater clarity and notwithstanding anything to the commencement of the Fixturing Period, but following substantial completion of the Landlord’s (Base Building) Workcontrary in this Lease, the Landlord Additional Space shall allow the Tenant to occupy the Premises on the first day following the day on which the Landlord can provide lawful occupancy be delivered to the Tenant for the purposes on an “as is, where is” basis in accordance with Section 7 below. 6.6 The terms and conditions 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 6 shall be Basic Rent replace and supersede the terms and conditions of Section 4 of Schedule E of the Original Lease only insofar as the Additional Rent free and shall not reduce the Fixturing PeriodSpace is concerned.

Fixturing Period. 10.1 The During the Building B Fixturing Period means the period of ninety (90) days from the date the Landlord’s (Base Building) Work is substantially completed and Building C Fixturing Period, as applicable, Tenant and Tenant Parties shall have access to the Premises are turned over to enter upon and occupy the Tenant Premises for the purposes of undertaking 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 design, construction, development, coordination 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 preparation of the Premises for at least the last 45 days undertaking of Tenant’s business therein, including the installation of leasehold improvements, trade fixtures, furniture, equipment, utilities, telephone and computer wiring and decoration of the Premises. Tenant shall also be permitted to conduct business during the Fixturing Period to the extent permitted in the definition of Building B Fixturing Period and Building C Fixturing Period. In the event the Tenant is unable to obtain exclusive possession for at least the last 45 days of During the Fixturing Period, then the Fixturing Period will no Basic Rent and no Additional Rent shall be extended to such date in order to allow the payable by Tenant exclusive possession of the Premises for 45 consecutive days. In any event, the (it being acknowledged that Tenant’s possession of the Premises during the balance of the Fixturing Period may be in common obligations 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 respect to the commencement payment 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 commence until the Fixturing Periodoccurrence of the Building B Commencement Date or Building C Commencement Date, as applicable, other than such amounts arising due to Tenant’s breach of any other obligation in this Lease the responsibility for which shall remain Tenant’s) provided that Tenant shall be a tenant of Landlord subject to all of the other applicable covenants, conditions and agreements set out in this Lease. After the occurrence of the Building B Turnover Date, the Building C Turnover Date, the Building B Commencement Date, the Building C Commencement Date and the Commencement Date, and within 10 business days after Landlord’s written request therefor, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit F hereto; however, the failure of the parties to execute such letter shall not defer the Building B Turnover Date, the Building C Turnover Date, the Building B Commencement Date, the Building C Commencement Date and/or the Commencement Date or otherwise invalidate this Lease.

Fixturing Period. 10.1 The Fixturing Period means Tenant will provide the period Landlord with a set of ninety (90) days from permit plans by February 1, 1999. The Tenant will provide a full set of final plans and specifications by February 15, 1999. The Landlord will substantially complete the date Building and Demised Premises in accordance with such plans and in accordance with the Landlord’s (Base Building) Work is substantially completed and work outlined in Schedule "C" attached hereto by June 1, 1999, provided that there are no material or numerous change orders which would cause undue delay issued after February 15, 1999, with respect to the Demised Premises are turned over by the Tenant. The Landlord will supervise the work at no cost to the Tenant for purposes and perform the work at no profit to the Landlord. The Landlord agrees to competitively bid the work to at least three (3) trades in each instance. The Tenant or its designated consultant will have the opportunity to review the bids and to provide input, acting reasonably. All costs relating to the construction of the Tenant’s Work's Demised Premises will be paid for by the Tenant subject to the provisions of Section 10.17 (vii) herein. The Landlord shall will provide the Tenant will all copies of invoices relating to the construction of the Demised Premises. The Tenant may elect to employ, at its expense, a project manager to review and approve all aspects of the work in the Demised Premises including the selection of trades, materials and invoices. such plans are consistent with no later than thirty (30) building codes and/or contain finishes and design features that will not unduly delay the municipal approval process and the Tenant incurs occupancy costs at any other location after June 1, 1999, as a result of the Landlord's inability to deliver the Demised Premises substantially ready for the Tenant's use and with all of the work to be performed substantially completed the Landlord agrees to indemnify the Tenant for any added such occupancy costs incurred after June 1, 1999, until completion of the Demised Premises and the Commencement Date of the lease shall be delated by the number of days notice after June 1, 1999, that the Landlord delivers the Demised Premises substantially ready for the Tenant's use. The Tenant shall be entitled to affect such costs against Basic and Additional Rent accruing due if not paid on a timely basis. Provided that if final plans and specifications are not delivered to the Landlord by February 15, 1999, or such plans are not consistent with building codes and/or contain finishes and design features that will unduly delay the municipal approval process, the Landlord’s (Base Building) Work 's requirement to complete the work in the Demised Premises will be completed and ready for commencement delayed by the number of days after February 15, 1999, that the Fixturing Period. The Landlord may provide notice Tenant delivers the plans to the Landlord. For example, if plans are received on February 20, 1999, the date to complete the work will be adjusted from June 1, 1999, to June 5, 1999, and the Landlord's requirement to indemnify 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 heretoshall be similarly deferred. If the Fixturing Period has not commenced by March 1Tenant or its representative(s) issues material or numerous change orders from the final plans as delivered, 2001, then the Tenant may, at it sole option, terminate this Lease and Landlord's requirement to complete work in the deposit, plus all accrued interest, Demised Premises shall be returned to delayed by the Tenant. 10.2 The Tenant shall have exclusive possession number of the Premises for at least the last 45 days of delay the Fixturing PeriodLandlord's Architect acting reasonably determines to have been caused by such material or numerous change orders. In the event that the Landlord anticipates at any time that it will not substantially complete the Landlord's Work by June 1, 1999 then it shall forthwith notify the Tenant is unable to obtain exclusive possession for at least the last 45 days in writing 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. 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 non-exclusive possession occupancy of the Additional Premises for at least the last 45 days of during the Fixturing Period. In Period in order to carry out construction in the event Additional Premises of its leasehold improvements (the Tenant is unable to obtain exclusive possession for at least the last 45 days of “Leasehold Improvements”). 7.1 During the Fixturing Period, then all the Fixturing Period will be extended to such date in order to allow the Tenant exclusive possession provisions of the Lease and this Agreement shall apply to the Additional Premises except for 45 consecutive days. In any eventliability for the payment of Basic Rent for the Additional Premises, as defined in Section 5.0 of this Agreement, and the Tenant’s possession Proportionate Share of Taxes and Operating Expenses in connection with the Additional Premises, which shall not apply until July 1, 2006, provided however that the Tenant shall obtain and maintain insurance and pay for the cost of all utilities and janitorial services consumed within the Additional Premises during the balance Fixturing Period. 7.2 The Landlord shall pay the Tenant an improvement allowance (the “Leasehold Improvement Allowance”) in the amount of up to $12.00 per square foot for each square foot 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 Rentable Area of the Tenant’s Work. 10.3 Prior to Additional Premises as an allowance for 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 costs incurred by the Tenant for the purposes of allowing Leasehold Improvements. The Leasehold Improvement Allowance shall be paid to the Tenant to perform upon the Tenant’s Work. Any period which later of: (a) the Tenant having provided the Landlord with written confirmation that Leasehold Improvements have been substantially completed; and (b) the Tenant having provided the Landlord with copies of invoices or other evidence, satisfactory to the Landlord that indicate the costs of the Leasehold Improvements. 7.3 In the event that the cost of the Leasehold Improvements is allowed to occupy more than $12.00 per square foot of Rentable Area of the Premises under this Section 10.3 Additional Premises, the Tenant shall be Basic Rent solely responsible for the payment of any excess amount. 7.4 In the event that the Tenant exercises its option to terminate the Lease prior to the expiry of the Term, the Tenant shall pay to the Landlord an amount equal to the unamortized portion of the Leasehold Improvement Allowance, as amortized over the remaining Term at an interest rate of 8% per annum. 7.5 The Tenant acknowledges that the Additional Premises will be provided to the Tenant on an “as is” basis including all fume hoods and Additional Rent free supporting casework and shall not reduce the Fixturing Periodall laboratory benches and casework as at June 1, 2006.

Fixturing Period. 10.1 The Fixturing Period means the period of ninety Landlord will provide not less than fifteen (9015) days from prior written notice to the date Tenant when the Landlord’s (architect has determined that the Base Building) Building Work is substantially has been completed and the Premises are turned over to a sufficient state so as to permit the Tenant for purposes to commence its fixturing and improvements within the Leased Premises without material interruption from the Landlord or its contractors. Upon such notice being given, and provided the Tenant has executed and delivered this Lease, the original Letter of Credit and provided the Landlord with proof of the Tenant’s Work. The insurance, the Landlord shall provide the Tenant with no later than thirty joint possession of the Leased Premises (30for the purposes of a Landlord approved contractor carrying out and completing the Tenant’s improvements to the Leased Premises) days notice from January 1, 2014, until February 11, 2014 and from and after February 11, 2014 until the Commencement Date (in respect of the Initial Premises or the Additional Premises, as the case may be) sole possession of the Leased Premises (the “Fixturing Period”). The Tenant acknowledges that the Landlord’s (Landlord will still be completing the Base Building) Building Work will be completed during the period between January 1, 2014 and ready for commencement of the Fixturing Period. The Landlord may provide notice to February 11, 2014 and that during such period the Tenant of the commencement of the Fixturing Period at any time following execution of the Offer shall not be entitled 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 Leased Premises for at least the last 45 days of the Fixturing Period. In the event and the Tenant is unable to obtain exclusive possession for shall ensure that its use and operations 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 Leased 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 timely completion by the Landlord of the Base Building Work. During the period of joint occupancy, the Landlord’s contractor will co-operate with work to be performed by the Tenant’s Work. 10.3 Prior to contractor. All terms of this Lease shall be applicable from the commencement date the Tenant takes possession of the Fixturing Period, but following substantial completion of the Landlord’s (Base Building) Work, the Landlord shall allow the Tenant to occupy the Leased Premises on the first day following the day on which the Landlord can provide lawful occupancy to the Tenant for the purposes of allowing its fixturing, save for the payment of Basic Rent, Operating Costs and Taxes which shall only be payable as of the Commencement Date. Notwithstanding the foregoing, during that portion of the Fixturing Period from and after February 11, 2014, Tenant shall be required to pay for utilities consumed in the Leased Premises and for security and life safety requirements provided by the Landlord. Provided the Building and the Leased Premises have received an occupancy permit from the City of Ottawa, the Tenant to perform the Tenant’s Work. Any period which the Tenant is allowed to may occupy the Leased Premises under and conduct business therefrom prior to the Commencement Date in accordance with this Section 10.3 Lease, save for payment of Basic Rent, Operating Costs and Taxes which shall only be Basic Rent and Additional Rent free and shall not reduce payable as of the Fixturing PeriodCommencement Date as aforesaid.