Common use of Habendum Clause in Contracts

Habendum. Tenant shall have and hold the Premises for a period commencing on the earlier of (a) that date on which the Premises are ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed to be commencement of occupancy for purposes of this Section 2.4), and continuing for the Term unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written Declaration, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails to execute such Declaration, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Premises for a period commencing on the date (the “Commencement Date”) that is the earlier of (a) that date on which the Premises are have been delivered to Tenant broom clean and free of all personal property and occupants and claims of occupants and ready for occupancy as defined in Section 3.1 and Section 1.1.(B)(2) of Exhibit B-1 hereof, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed to be commencement of occupancy for purposes of this Section 2.4)Use, and continuing for the Term unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written Declaration, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails to execute such Declaration, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Premises for a period commencing on the earlier of (a) that date on which Landlord’s Work is Substantially Completed (or deemed Substantially Completed due to Tenant Delays) and the Premises are ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed to be commencement of occupancy for purposes of this Section 2.4)Uses, and continuing for the Term unless sooner terminated as provided in Article VI or Article VII VII, or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written Declaration, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails to execute such Declaration, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Premises for a period commencing on the earlier of (a) that date on which the Premises are ready for occupancy Substantial Completion Date (as defined in Section 3.1 and Exhibit B-1 hereof), or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it the earlier of such dates being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed referred to be commencement of occupancy for purposes of this Section 2.4herein as the “Commencement Date”), and continuing for the Term unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof2.4.1. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written DeclarationDeclaration Affixing the Commencement Date of Lease, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails to execute such DeclarationDeclaration Affixing the Commencement Date of Lease, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Premises for a period commencing on the earlier of (a) that date on which the Premises are ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereofprovided, but in no event prior to the Scheduled Term Commencement Date, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed to be commencement of occupancy for purposes of this Section 2.4)whether before or after the Scheduled Term Commencement Date, and continuing for the Term unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof2.4.1. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written Declaration, in the form of Exhibit EF, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails shall fail to execute such Declaration, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Premises for a period commencing on the earlier of (a) the later to occur of (x) that date on which the Premises are ready for occupancy (as defined in Section 3.1 and Exhibit B-1 hereof), and (y) the Estimated Commencement Date, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed to be commencement of occupancy for purposes of this Section 2.4the “Commencement Date”), and continuing for the Term Term, unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written DeclarationDeclaration Affixing the Commencement Date of Lease, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails to execute such DeclarationDeclaration Affixing the Commencement Date of Lease, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Premises for a period commencing on the earlier of (a) that date on which the Premises are ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted Uses (it being understood and agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 hereof shall not be deemed to be commencement of occupancy for purposes of this Section 2.4the Permitted Uses), and continuing for the Term unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereof2.4.1. As soon as may be convenient after the date has been determined on which the Term commences as aforesaid, Landlord and Tenant agree to join with each other in the execution of a written DeclarationDeclaration Affixing the Commencement Date of Lease, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease shall be stated. If Tenant fails shall fail to execute such DeclarationDeclaration Affixing the Commencement Date of Lease, the Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.

Habendum. Tenant shall have and hold the Existing Premises for a period commencing the Existing Premises Commencement Date, and continuing for the Term unless sooner terminated as provided in Article VI or Article VII. Tenant shall have and hold the Expansion Premises for a period commencing on the earlier of the following (such earlier date being referred to in herein as the “Expansion Premises Commencement Date”): (a) that date on which the Premises are ready for occupancy Landlord’s Work is Substantially Completed (or deemed Substantially Completed) as defined in Section 3.1 and Exhibit B-1 B-2 hereof, or (b) that date on which Tenant commences occupancy of any portion of the Expansion Premises for the Permitted Uses (it being agreed that Tenant’s exercise of its early access right under Section 1.1(B)(4) of Exhibit B-1 shall not be deemed to be commencement of occupancy for purposes of this Section 2.4)Uses, and continuing for the Term unless sooner terminated as provided in Article VI or Article VII or unless extended as provided in Section 9.18. Landlord agrees to use reasonable efforts to provide at least five (5) business days advance written notice of the date on which the Premises shall be ready for occupancy as defined in Section 3.1 and Exhibit B-1 hereofVII. As soon as may be convenient after the date Expansion Premises Commencement Date has been determined on which the Term commences as aforesaiddetermined, Landlord and Tenant agree to join with each other in the execution of a written Declaration, in the form of Exhibit E, in which the date on which the Term commences as aforesaid and the Term of this Lease Expansion Premises Commencement Date shall be stated. If Tenant fails to execute such Declaration, the Expansion Premises Commencement Date and Lease Term shall be as reasonably determined by Landlord in accordance with the terms of this Lease.