No Obligation to Construct. Notwithstanding anything to the contrary contained in the Lease or in this Work Letter, Tenant shall not be obligated to (i) commence construction of all or any portion of the Tenant Improvements, or (ii) perform all or any particular portion of the Tenant Improvements described on the Space Plan or approved TI Construction Drawings; provided, however that if Tenant does not construct the Tenant Improvements or constructs only a portion of the Tenant Improvements, the Rent Commencement Date provided for in the Lease shall not be delayed, the amount of Base Rent provided for in the Lease shall not be reduced. Any Tenant Improvements actually constructed by Tenant shall be constructed in accordance with the applicable provisions of this Work Letter. EXHIBIT D TO LEASE ACKNOWLEDGEMENT OF COMMENCEMENT DATE This ACKNOWLEDGEMENT OF COMMENCEMENT DATE is made this 1st day of January, 2009, between ARE-SAN FRANCISCO NO. 29, LLC, a Delaware limited liability company (“Landlord”), and BIOCARDIA, INC., a Delaware corporation (“Tenant”), and is attached to and made a part of the Lease dated September 29, 2008 (the “Lease’), by and between Landlord and Tenant. Any initially capitalized terms used but not defined herein shall have the meanings given them in the Lease. Landlord and Tenant hereby acknowledge and agree, for all purposes of the Lease, that the Commencement Date of the Base Term of the Lease is January 1, 2009 , the Rent Commencement Date is January 1, 2009 and the termination date of the Base Term of the Lease shall be midnight on December 31, 2013. In case of a conflict between the terms of the Lease and the terms of this Acknowledgment of Commencement Date, this Acknowledgment of Commencement Date shall control for all purposes.
No Obligation to Construct. A. Notwithstanding anything to the contrary in this Agreement: (a) Developer shall have no obligation to construct all or any portion of the Project, to construct the Project in accordance with the Design Standards, or to timely Commence or Complete the Project; and (b) Developer may, in its sole discretion, elect to undertake none, all, or only certain phases of the Project, to construct the Project other than as described in the Design Standards, and to Commence and Complete the Project on a timeline determined by Developer.
No Obligation to Construct. This Contract sets forth the terms and conditions for construction of the Utility Improvements, and pass-through from the City to Utility Developer of payments made by other developers to the City for Adjusted Reimbursable Costs of the Utility Improvements. This Contract does not obligate Utility Developer to undertake the Project, and it does not obligate the City to remit Reasonable Infrastructure Payments in the event the Project is not undertaken, or if the Project is not completed within a Reasonable Time Period for Completion.
No Obligation to Construct. Notwithstanding any provision in this Agreement to the contrary, Seller and RPMA acknowledge and agree that Buyer has made no commitment to, and has no obligation to, construct the Wind Farm or the Project.
