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 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, 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. 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 Landlord’s Work is Substantially Completed (or deemed Substantially Completed due the Premises have been delivered to Tenant Delays) broom clean and the Premises are 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 UsesUse, 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. 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 UsesUses (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, 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 the Substantial Completion Date (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 UsesUses (the earlier of such dates being referred to herein as the “Commencement Date”), and continuing for the Term unless sooner terminated as provided in Article VI or Article VII, VII or unless extended as provided in Section 9.182.4.1. 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 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 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 UsesUses 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, VII or unless extended as provided in Section 9.182.4.1. 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) that date on which the 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 UsesUses (such date being the “Commencement Date”), and continuing for the Term unless sooner terminated as provided in Article VI or Article VII, pursuant to the provisions of this Lease or unless extended as provided in Section 9.18. 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 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 UsesUses (such date that is the earlier of (a) or (b), the “Commencement Date”), and continuing for the Term unless sooner terminated as provided in Article VI or Article VII, VII or unless extended as provided in Section 9.182.4.1. 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) the later to occur of (x) 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), and (y) the Estimated Commencement Date, or (b) that date on which Tenant commences occupancy of any portion of the Premises for the Permitted UsesUses (the “Commencement Date”), and continuing for the Term Term, unless sooner terminated as provided in Article VI or Article VII, VII or unless extended as provided in Section 9.18. 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. Subject to Landlord’s obligation to complete construction by the Outside Completion Date, 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, 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. 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 LeaseLease and Tenant shall be provided with written notice thereof.