Common use of Fixturing Period Clause in Contracts

Fixturing Period. 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 shall be subject to extension for any delays in the carrying out of the Tenant’s Work 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). By way of example, if the Commencement Date occurs on November 1, 2004, the Tenant 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 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 (i.e., security, waste disposal, etc.) that may be requested in writing by the Tenant or otherwise incurred by the Landlord as a result of the Tenant’s occupancy of the Leased Premises during the Fixturing Period. The Landlord agrees that the Tenant can operate its business during the Fixturing Period if it completes the Tenant’s Work prior to the end of the Fixturing Period. If substantial completion of the Landlord’s Work for the Building has not been achieved by February 28, 2005, the duration of the balance of the Fixturing Period shall be extended (the “Fixturing Period Extension”) by a period of time commencing on February 28, 2005 and ending when the Landlord has achieved substantial completion of the Landlord’s Work for the Building. The Landlord represents and warrants to the Tenant that the ongoing work by the Landlord in respect of completing construction of the Building and the Common Areas and Facilities will not impair the ability of the Tenant to commence the Tenant’s Work or to obtain a building permit therefor to permit Tenant’s Work to commence on the Commencement Date.

Fixturing Period. The During the Building B Fixturing Period and Building C Fixturing Period, as applicable, Tenant and Tenant Parties shall have access to the Premises to enter upon and occupy the Premises for the purposes of undertaking the design, construction, development, coordination and preparation of the Premises for the 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 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 shall be subject permitted to extension for any delays in the carrying out of the Tenant’s Work caused by events of force majeure, provided that in no event shall conduct business during the Fixturing Period extend beyond ten (10) months from the Commencement Date (but subject to the next ensuing paragraph extent permitted in respect the definition of the Building B Fixturing Period Extension). By way of example, if the Commencement Date occurs on November 1, 2004, the Tenant agrees that payment of Minimum Rent and Additional Rent shall commence in any event or circumstance, subject to the Building C Fixturing Period Extension, no later than September 1, 2005Period. During the Fixturing Period, no Basic Rent and subject no Additional Rent shall be payable by Tenant (it being acknowledged that Tenant’s obligations with respect to the foregoingpayment of Basic Rent and Additional Rent shall not commence until the occurrence 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 responsible only for a tenant of Landlord subject to all of the cost of utilities consumedother applicable covenants, Tenant’s insurance coverage conditions and agreements set out in accordance with this Lease, insurance premiums incurred by . After the Landlord in connection with the Tenant’s occupancy of the Leased Premises during the Fixturing Period, and any special operating costs (i.e., security, waste disposal, etc.) that may be requested in writing by the Tenant or otherwise incurred by the Landlord as a result of the Tenant’s occupancy of the Leased Premises during the Fixturing Period. The Landlord agrees that the Tenant can operate its business during the Fixturing Period if it completes the Tenant’s Work prior to the end of the Fixturing Period. If substantial completion of the Landlord’s Work for the Building has not been achieved by February 28, 2005, the duration of the balance of the Fixturing Period shall be extended (the “Fixturing Period Extension”) by a period of time commencing on February 28, 2005 and ending when the Landlord has achieved substantial completion of the Landlord’s Work for the Building. The Landlord represents and warrants to the Tenant that the ongoing work by the Landlord in respect of completing construction occurrence of the Building B Turnover Date, the Building C Turnover Date, the Building B Commencement Date, the Building C Commencement Date and the Common Areas and Facilities will not impair the ability of the Tenant to commence the Tenant’s Work or to obtain a building permit therefor to permit Tenant’s Work to commence on 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. The Tenant shall will be allowed a given access to the Premises for the purpose of construction of its leasehold improvements and fixturing period 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 preparing Landlord’s Work. The Tenant’s occupation of the Leased 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 their intended usethe payment of Base Rent or Occupancy Costs, for a period and the Tenant shall have the utilities transferred into the Tenant’s name upon occupancy of eight (8) months commencing on 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 , the Tenant will be permitted to occupy the Premises for the purpose of conducting its business for the remainder of the Fixturing Period shall on the terms and conditions set out herein. It is understood and agreed that the Fixturing Period is meant to be subject to extension used by the Tenant for any delays in the carrying out construction of the Tenant’s Work caused by events improvements and placement of force majeureequipment 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, provided that in no event product, or merchandise onto the Premises, nor shall the Fixturing Period extend beyond ten (10) months it commence installation of tenant improvements or conduct business from the Commencement Date (but subject to Premises, until all required approvals, permits, etc. from the next ensuing paragraph applicable governing authorities are in respect of place. Unless otherwise stated in the Fixturing Period Extension). By way of example, if the Commencement Date occurs on November 1, 2004Lease, the Tenant agrees acknowledges that payment of Minimum Rent and Additional Rent shall commence in any event or circumstance, subject to the Fixturing Period Extension, no later than September 1, 2005. During foregoing is solely the Fixturing PeriodTenant’s responsibility, 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 indemnify and hold harmless the Landlord in connection with the Tenant’s occupancy against any disregard of the Leased Premises during the Fixturing Period, and any special operating costs (i.e., security, waste disposal, etcsame.) that may be requested in writing by the Tenant or otherwise incurred by the Landlord as a result of the Tenant’s occupancy of the Leased Premises during the Fixturing Period. The Landlord agrees that the Tenant can operate its business during the Fixturing Period if it completes the Tenant’s Work prior to the end of the Fixturing Period. If substantial completion of the Landlord’s Work for the Building has not been achieved by February 28, 2005, the duration of the balance of the Fixturing Period shall be extended (the “Fixturing Period Extension”) by a period of time commencing on February 28, 2005 and ending when the Landlord has achieved substantial completion of the Landlord’s Work for the Building. The Landlord represents and warrants to the Tenant that the ongoing work by the Landlord in respect of completing construction of the Building and the Common Areas and Facilities will not impair the ability of the Tenant to commence the Tenant’s Work or to obtain a building permit therefor to permit Tenant’s Work to commence on the Commencement Date.

Fixturing Period. The Landlord will provide not less than fifteen (15) days prior written notice to the Tenant when the Landlord’s architect has determined that the Base Building Work has been completed to a sufficient state so as to permit the Tenant 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 insurance, the Landlord shall be allowed provide the Tenant with joint possession of the Leased Premises (for the purposes of a fixturing period Landlord approved contractor carrying out and completing the Tenant’s improvements to the Leased Premises) 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”) for ). The Tenant acknowledges that the purpose Landlord will still be completing the Base Building Work during the period between January 1, 2014 and February 11, 2014 and that during such period the Tenant shall not be entitled to exclusive possession of completing the Leased Premises and the Tenant shall ensure that its use and operations at the Leased Premises do not interfere with the 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 and preparing contractor. All terms of this Lease shall be applicable from the date the Tenant takes possession of the Leased Premises for their intended usethe purposes of its fixturing, save for a period the payment of eight (8) months commencing on Basic Rent, Operating Costs and Taxes which shall only be payable as of the Commencement Date. The Fixturing Period shall be subject to extension for any delays in Notwithstanding the carrying out of the Tenant’s Work caused by events of force majeureforegoing, provided during 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 portion of the Fixturing Period Extension)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. By way Provided the Building and the Leased Premises have received an occupancy permit from the City of exampleOttawa, if the Tenant may occupy the Leased Premises and conduct business therefrom prior to the Commencement Date occurs on November 1, 2004, the Tenant 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 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 save for payment of Basic Rent, Operating Costs and Taxes which shall only be payable as of the Leased Premises during the Fixturing Period, and any special operating costs (i.e., security, waste disposal, etcCommencement Date as aforesaid.) that may be requested in writing by the Tenant or otherwise incurred by the Landlord as a result of the Tenant’s occupancy of the Leased Premises during the Fixturing Period. The Landlord agrees that the Tenant can operate its business during the Fixturing Period if it completes the Tenant’s Work prior to the end of the Fixturing Period. If substantial completion of the Landlord’s Work for the Building has not been achieved by February 28, 2005, the duration of the balance of the Fixturing Period shall be extended (the “Fixturing Period Extension”) by a period of time commencing on February 28, 2005 and ending when the Landlord has achieved substantial completion of the Landlord’s Work for the Building. The Landlord represents and warrants to the Tenant that the ongoing work by the Landlord in respect of completing construction of the Building and the Common Areas and Facilities will not impair the ability of the Tenant to commence the Tenant’s Work or to obtain a building permit therefor to permit Tenant’s Work to commence on the Commencement Date.

Fixturing Period. The Tenant shall be allowed will provide the Landlord with a fixturing period (set of 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 “Fixturing Period”) for Building and Demised Premises in accordance with such plans and in accordance with the purpose of completing 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 by 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 shall be subject Landlord will supervise the work at no cost to extension for any delays the Tenant 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 carrying out opportunity to review the bids and to provide input, acting reasonably. All costs relating to the construction of the Tenant’s Work caused 's Demised Premises will be paid for by events of force majeure, provided that in no event shall the Fixturing Period extend beyond ten (10) months from the Commencement Date (but Tenant subject to the next ensuing paragraph in respect provisions of Section 10.17 (vii) herein. The Landlord will provide the Tenant will all copies of invoices relating to the construction of the Fixturing Period Extension)Demised Premises. By way The Tenant may elect to employ, at its expense, a project manager to review and approve all aspects of examplethe work in the Demised Premises including the selection of trades, if materials and invoices. such plans are consistent with building codes and/or contain finishes and design features that will not unduly delay the Commencement Date occurs on November municipal approval process and the Tenant incurs occupancy costs at any other location after June 1, 20041999, the Tenant 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 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 (i.e., security, waste disposal, etc.) that may be requested in writing by the Tenant or otherwise incurred by the Landlord as a result of the Landlord's inability to deliver the Demised Premises substantially ready for the Tenant’s occupancy 's use and with all of the Leased 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 during and the Fixturing PeriodCommencement Date of the lease shall be delated by the number of days 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 agrees 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 requirement to complete the work in the Demised Premises will be delayed by the number of days after February 15, 1999, that the Tenant can operate its business during delivers the Fixturing Period if it completes the Tenant’s Work prior plans to the end of Landlord. For example, if plans are received on February 20, 1999, the Fixturing Perioddate to complete the work will be adjusted from June 1, 1999, to June 5, 1999, and the Landlord's requirement to indemnify the Tenant shall be similarly deferred. If substantial completion of the Tenant or its representative(s) issues material or numerous change orders from the final plans as delivered, then the Landlord’s Work for 's requirement to complete work in the Building has not been achieved by February 28, 2005, the duration of the balance of the Fixturing Period Demised Premises shall be extended (delayed by the “Fixturing Period Extension”) number of days of delay the Landlord's Architect acting reasonably determines to have been caused by a period of time commencing on February 28, 2005 and ending when such material or numerous change orders. In the event that the Landlord has achieved substantial completion of anticipates at any time that it will not substantially complete the Landlord’s 's Work for the Building. The Landlord represents and warrants to by June 1, 1999 then it shall forthwith notify the Tenant that the ongoing work by the Landlord in respect writing of completing construction of the Building and the Common Areas and Facilities will not impair the ability of the Tenant to commence the Tenant’s Work or to obtain a building permit therefor to permit Tenant’s Work to commence on the Commencement Datesuch event.

Fixturing Period. The Tenant shall be allowed a fixturing During the period May 1, 2013 to June 30, 2013 (the “Fixturing Period”) for ), the purpose Tenant shall be allowed to take non-exclusive possession of completing the Leased Premises and shall perform the Tenant’s Work and preparing be bound by all of the terms of this Lease (including the obligation to deliver certificates of insurance executed by the Tenant’s insurers prior to the commencement of the Fixturing Period but excluding only the obligation to pay Basic Rent and Additional Rent). During the Fixturing Period the Tenant shall adhere to the Landlord’s safety procedures and guidelines. The Tenant shall not occupy the Leased Premises for their intended use, for a period the purpose of eight (8) months commencing on the Commencement Date. The Fixturing Period shall be subject to extension for any delays in the carrying out of the Tenant’s Work caused by events of force majeure, provided that in no event shall conducting business during the Fixturing Period extend beyond ten (10) months from without the Commencement Date (but subject to Landlord’s consent. In the next ensuing paragraph in respect of the Fixturing Period Extension). By way of example, if the Commencement Date occurs on November 1, 2004, event the Tenant 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 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 commences operations from the Leased Premises during the Fixturing PeriodTenant will pay all insurance premiums, and any special operating costs (i.e.all charges for electricity, water, heat, security, waste disposal, etc.) that may be requested in writing by the Tenant or otherwise incurred by the Landlord as a result of the Tenant’s occupancy of refuse removal and other services provided to the Leased Premises during the Fixturing Period. The Tenant’s Work shall be defined as all work not otherwise provided by the Landlord agrees that in accordance with the Tenant can operate its business during Design Build Specifications attached hereto as Schedule “E”. Any Tenant’s Work shall be in accordance with proper building standards and subject to the Fixturing Period if it completes Landlord’s prior written approval. The Tenant covenants and agrees to keep the Leased Premises free and clear, at all times, of construction and any other type of liens and further covenants and agrees to indemnify and save harmless the Landlord from any and all suits, actions and claims of any nature or kind whatsoever, (specifically including, but not limited to worker’s compensation claims,) arising out of or in any way related to the Tenant’s Work prior to the end of the Fixturing Period. If substantial completion of the Landlord’s Work for the Building has not been achieved by February 28, 2005, the duration of the balance of the Fixturing Period shall be extended (the “Fixturing Period Extension”) by a period of time commencing on February 28, 2005 and ending when the Landlord has achieved substantial completion of the Landlord’s Work for the Building. The Landlord represents and warrants to the Tenant that the ongoing work by the Landlord in respect of completing construction of the Building and the Common Areas and Facilities will not impair the ability of the Tenant to commence the Tenant’s Work or to obtain a building permit therefor to permit Tenant’s Work to commence on the Commencement Datedescribed herein.