Common use of Initial Term and Acceptance of Premises Clause in Contracts

Initial Term and Acceptance of Premises. Except as hereinafter provided, and unless sooner terminated pursuant to the provisions of this Lease, the Term of this Lease shall commence on the earlier of the Initial Possession Date and the Possession Date and end on the Expiration Date. Except as otherwise provided in the Tenant Improvement Agreement attached to this Lease as Exhibit C (the “Work Letter”), Landlord shall deliver the Premises to Tenant on the Possession Date (and the Initial Possession Date with respect to the Third Floor Portion and the Fourth Floor Portion) in the condition required under the Work Letter and this Lease. If Landlord, for any reason whatsoever, cannot deliver the Premises to Tenant in the condition specified herein by the Anticipated Possession Date, this Lease shall not be void or voidable. No delay in delivery of the Premises for any reason whatsoever shall operate to extend the Expiration Date or the Term. In the event that the Premises are delivered to Tenant on any date other than the Anticipated Possession Date set forth in the Basic Lease Information of this Lease, Landlord and Tenant shall execute a Confirmation of Lease Term in the form as set forth in Exhibit E attached to this Lease. Tenant’s occupancy of all or any portion of the (i) Third Floor Portion shall constitute Tenant’s acceptance of the Third Floor Portion, (ii) Fourth Floor Portion shall constitute Tenant’s acceptance of the Fourth Floor Portion and (iii) the First Floor Portion shall constitute Tenant’s acceptance of the First Floor Portion, in the condition called for by this Lease, except for punchlist items described in Section 5.1 of the Work Letter and except for latent defects in the windows discovered within one (1) year after the Possession Date and latent defects in other Landlord’s Work discovered within sixty (60) days after the Possession Date. Notwithstanding the foregoing, if the Possession Date occurs after September 1, 2000 as a result of events other than delays caused by the acts or omissions of Tenant, or Tenant’s contractors, employees or agents (“Tenant Delays”), then “Commencement Date” shall be a date calculated as follows: (1) four (4) months after the Possession Date, plus (ii) the number of days by which the Possession Date exceeds September 1, 2000, minus (iii) the number of days of delay that Landlord is actually delayed in delivering the Premises to Tenant caused by Xxxxxx Xxxxxx.

Initial Term and Acceptance of Premises. Except as hereinafter provided, and unless sooner terminated pursuant to the provisions of this Lease, the Term of this Lease shall commence on the earlier of the Initial Possession Date and the Possession Date and end on the Expiration Date. Except as otherwise provided in the Tenant Improvement Agreement attached to this Lease as Exhibit C (the “Work Letter”), Landlord shall deliver the Premises to Tenant on the Possession Date (and the Initial Possession Date with respect to the Third Floor Portion and the Fourth Floor Portion) in the condition required under by the Work Letter. To the extent that (i) Landlord has agreed in the Work Letter to make any alterations or improvements to the Premises prior to the Possession Date, (ii) Tenant desires to take occupancy of the Premises in advance of the Possession Date, and this Lease(iii) Landlord determines in its sole discretion that Tenant's early occupancy shall not delay the completion of the improvements to the Premises, then Landlord shall deliver the Premises to Tenant in advance of the Possession Date on a date mutually agreed upon by Landlord and Tenant. If Landlord, for any reason whatsoever, cannot deliver is delayed in the delivery of the Premises to Tenant in the condition specified herein by the Anticipated Possession DateTenant, this Lease shall not be void or voidable. No delay , and Landlord shall not be in delivery of the Premises default or liable to Tenant for any reason whatsoever shall operate to extend loss or damage resulting therefrom: provided, however, that if the Expiration Date or the Term. In the event that the Premises are delivered to Tenant on any date other than the Anticipated Possession Date set forth in does not occur on or before September 1, 2000, then Tenant shall have the Basic right to terminate this Lease Information of this Leaseby delivering written notice to Landlord at any time before October 1, 2001, whereupon any monies previously paid by Tenant to Landlord shall be reimbursed to Tenant. Within five (5) days after the Possession Date, Landlord and Tenant shall execute a Confirmation of Lease Term in the form as set forth in Exhibit E attached to this Lease. Tenant’s 's occupancy of all or any portion of the (i) Third Floor Portion Premises shall constitute Tenant’s 's acceptance of the Third Floor Portion, (ii) Fourth Floor Portion Premises in the condition called for by this Lease. Tenant's occupancy of all or any portion of the Premises shall constitute Tenant’s 's acceptance of the Fourth Floor Portion and (iii) the First Floor Portion shall constitute Tenant’s acceptance of the First Floor Portion, Premises in the condition called for by this Lease, except for subject to the punchlist items as described in Section 5.1 of the Work Letter and except for latent defects in the windows discovered within one (1) year after the Possession Date and latent defects in other Landlord’s Work discovered within sixty (60) days after the Possession DateLetter. Notwithstanding the foregoing, if the Possession Date occurs after September June 1, 2000 as a result of events other than delays caused by the acts or omissions of Tenant, or Tenant’s 's contractors, employees or agents (“"Tenant Delays”"), then “the "Commencement Date” " shall be a date calculated as follows: (1i) four two (42) months weeks after the Possession Date, plus (ii) the number of days by which the Possession Date exceeds September June 1, 2000, minus (iii) the number of days of delay that Landlord is actually delayed in delivering the Premises to Tenant caused by Xxxxxx XxxxxxTenant Delays.

Initial Term and Acceptance of Premises. Except as hereinafter provided, and unless sooner terminated pursuant to the provisions of this Lease, the Term of this Lease shall commence on the earlier of the Initial Possession Date and the Possession Date and end on the Expiration Date. Except as otherwise provided in the Tenant Improvement Agreement attached to this Lease as Exhibit C (the “"Work Letter”"), Landlord shall deliver the Premises to Tenant on the Possession Date (and the Initial Possession Date with respect to the Third Floor Portion and the Fourth Floor Portion) in the condition required under the Work Letter and this Lease. To the extent that (i) Landlord has agreed in the Work Letter to make any alterations or improvements to the Premises prior to the Possession Date, (ii) such alterations and improvements are completed prior to the Possession Date, and (iii) Tenant desires to take occupancy of the Premises in advance of the Possession Date, then Landlord shall deliver the Premises to Tenant in advance of the Possession Date on a date mutually agreed upon by Landlord and Tenant, and the Term of the Lease shall commence upon such delivery and the Commencement Date shall then be the later of (i) October 1, 2000, or (ii) a date six (6) months after such delivery. If Landlord, for any reason whatsoever, cannot deliver the Premises to Tenant in the condition specified herein by the Anticipated anticipated Possession Date, this Lease shall not be void or voidable, and Landlord shall not be in default or liable to Tenant for any loss or damage resulting therefrom; provided, however, that if the Possession Date does not occur on or before January 1, 2001, then Tenant shall have the right to terminate this Lease by delivering written notice to Landlord at any time before February 1, 2001. No delay in delivery of the Premises for any reason whatsoever shall operate to extend the Expiration Date or the Term. In the event that the Premises are delivered to Tenant on any date other than the Anticipated anticipated Possession Date set forth in the Basic Lease Information of this Lease, Landlord and Tenant shall execute a Confirmation of Lease Term in the form as set forth in Exhibit E attached to this Lease. Tenant’s 's occupancy of all or any portion of the (i) Third Floor Portion Premises shall constitute Tenant’s 's acceptance of the Third Floor Portion, (ii) Fourth Floor Portion shall constitute Tenant’s acceptance of the Fourth Floor Portion and (iii) the First Floor Portion shall constitute Tenant’s acceptance of the First Floor Portion, Premises in the condition called for by this Lease, except for punchlist items described in Section 5.1 of the Work Letter and except for latent defects in the windows discovered within one (1) year after the Possession Date and latent defects in other Landlord’s Work discovered within sixty (60) days after the Possession Date. Notwithstanding the foregoing, if the Possession Date occurs after September 1, 2000 as a result of events other than delays caused by the acts or omissions of Tenant, or Tenant’s 's contractors, employees or agents (“"Tenant Delays”"), then “the "Commencement Date” " shall be a date calculated as follows: (1i) four (4) months 180 days after the Possession Date, plus (ii) the number of days by which the Possession Date exceeds September 1, 20001999, minus (iii) the number of days of delay that Landlord is actually delayed in delivering the Premises to Tenant caused by Xxxxxx Tenaxx Xxxxxx. Xxndlord shall use reasonable efforts to notify Tenant in writing of any suspected acts or omissions of Tenant, or Tenaxx'x xontractors, employees or agents, that Landlord believes may have caused, or is likely to cause, a Tenant Delay.