Common use of Immediate Occupancy Clause in Contracts

Immediate Occupancy. At and after the Effective Date, Tenant shall have the right to access and occupy all or any portion of the Premises under this Lease, without any interference or prior consent by Library, for the uses contemplated herein. The Parties agree that, as of the Effective Date, the Parties shall be subject to all the terms and conditions of this Lease and agree that this Lease is a binding and legal agreement, fully enforceable by either Party in the event of a breach by the other Party. Notwithstanding the foregoing, Library shall not be in breach of this Lease if Library is unable to deliver exclusive possession of the Premises as contemplated herein to Tenant on the Start Date due to the holdover or failure or refusal of any prior tenant or subtenant to vacate the Premises or relinquish such tenant’s or subtenant’s claims to possession of the Building or the Premises or any part thereof (any of these reasons constituting a “Holdover”). In the event of such Holdover, Tenant shall not be entitled to damages from Library, but Xxxxxx’s rent obligation shall be prorated to reflect the actual date on which Library delivers exclusive possession of the Premises to Tenant.