Occupancy Prior to Commencement Date. Upon the Construction Manager certifying that the Premises have been Substantially Performed, the Tenant shall be entitled to have access to the Premises to install Trade Fixtures, Program Equipment and Plant and Specialized Equipment, and the like, but the Tenant shall have no right of possession of the Premises until the Commencement Date.
Occupancy Prior to Commencement Date. Provided this Lease has been executed by the Tenant in a form satisfactory to the Landlord, the Tenant shall have access to the Leased Premises, whether exclusively or in common with the Landlord, for the purpose of making leasehold improvements in or to the Leased Premises (the “Tenant Improvement Work”) and preparing the Leased Premises for occupancy prior to the Commencement Date. Upon completion of the Tenant Improvement Work, the Tenant shall provide to the Landlord evidence substantiating the total costs incurred by the Tenant with respect to completion of its leasehold improvements (the “Tenant Improvement Costs”), in order that the Landlord may determine the amount of compensation due to the Tenant in the event the Landlord exercises its right pursuant to Section 6.11 hereof. During any period the Tenant is in possession of the Leased Premises prior to the Commencement Date, the Tenant shall be bound by all terms and conditions of this Lease, save and except for the payment of Base Rent and its Proportionate Share of Operating Costs and Taxes.
Occupancy Prior to Commencement Date. In the event Landlord permits Tenant to occupy the Premises prior to the Commencement Date, such occupancy shall be at Tenant’s sole risk and subject to all the provisions of this Lease, including, but not limited to, the requirement to pay Rent and the Security Deposit, and to obtain the insurance required pursuant to this Lease and to deliver insurance certificates as required herein. In addition to the foregoing, Landlord shall have the right to impose such additional, commercially reasonable, conditions on Tenant’s early occupancy as Landlord shall deem appropriate. If, at any time, Tenant is in default of any term, condition or provision of this Lease, any such waiver by Landlord of Tenant’s requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments so waived by Landlord.
Occupancy Prior to Commencement Date. Should construction of the improvements be completed to such an extent as to permit the issuance of a partial certificate of occupancy by the governing authority, Tenant may occupy the portion of the Premises so permitted prior to (or after) the Commencement Date and shall pay rent for the occupied portion, prorated in proportion to the number of square feet of building space occupied, beginning on date of delivery of possession. Rent adjustments shall be similarly prorated. In no event shall Tenant take possession prior to satisfaction of the requirements for Tenant's insurance set forth below. Landlord shall have no liability to Tenant for failure to substantially complete construction prior to any date or dates.
Occupancy Prior to Commencement Date. Subject to Unavoidable Delay (as defined in Section 4.4 hereof), it is anticipated that the leasehold improvements to be made by the Landlord to the Leased Premises will be substantially completed by May 1, 2002. If such leasehold improvements to the Leased Premises are substantially completed before May 1, 2002 (the “Delivery Date”), the Tenant shall have the right to occupy the Leased Premises upon such substantial completion of the leasehold improvements and until the Commencement Date (the “Interim Occupancy Period”) and during such Interim Occupancy Period, no Basic Minimum Rent shall be payable prior to the Commencement Date. However, the Tenant shall be required to pay during the Interim Occupancy Period, Additional Rent and all other costs pertaining to the Leased Premises and its use thereof, including, without limitation, Operating Costs, Taxes, water, electricity, utility and other costs and the costs of all special services provided to it by the Landlord, including, without limitation, extra security services which may be required due to the Tenant taking occupancy prior to the Commencement Date and all amounts payable by the Landlord to third party contractors as a result of the Tenant’s early occupancy. All the terms of the Lease shall apply mutatis mutandis prior to the Commencement Date. The Tenant shall be liable for any and all damages caused by its actions or omissions or those of its contractors, subcontractors, agents, employees and other persons for whom the Tenant is responsible at law for whom the Tenant is responsible at law.
Occupancy Prior to Commencement Date. TENANT shall accept possession and take occupancy of the manufacturing sections of the Leased Premises designated in Exhibit B at such time prior to the Commencement Date as those sections have been substantially completed, but in no event earlier than the later of the following: (i) March 1, 1997; and (ii) such time as the LANDLORD's architect certifies to TENANT that the remainder of LANDLORD's Work at the Leased Premises shall be substantially completed within thirty (30) days. During such period after TENANT accepts possession and takes occupancy of such section and prior to the Commencement Date, TENANT shall pay a pro rata portion of the Minimum Annual Rent at the rates set forth in Article 5 (as the same may be adjusted in accordance therewith) based upon the ratio that the number of square feet of the Leased Premises with respect to which possession has been accepted bears to the total square footage of the Leased Premises to be built. The period between the date of such possession and the Commencement Date is hereinafter referred to as the "Pre-Commencement Date Occupancy Period".
Occupancy Prior to Commencement Date. If Lessee, with the Lessor's prior written consent, occupies the Premises, or any part of the Premises, prior to the Commencement Date, then the Term shall also include the period from the date of occupancy to the Commencement Date. In no event shall Lessee occupy the Premises prior to the Commencement Date without the prior written consent of Lessor.
Occupancy Prior to Commencement Date. The Landlord shall deliver possession of the Premises to the Tenant on the later of June 1, 1998 and the day following the date that the Landlord completes the Landlord's Work. If the Tenant is in possession of the Premises prior to the Commencement Date, whether or not such possession is exclusive, for any reason whatsoever, including, without limitation, for the purpose of performing the Tenant's Work, the Tenant will be subject to and shall comply with all of the provisions of this Lease on its part to be complied with, other than the obligation to pay Rent, but the Tenant shall be responsible for the cost of all utilities consumed in the Premises during such period of possession prior to the Commencement Date. ARTICLE 4.00 - RENT 4.01
Occupancy Prior to Commencement Date. Landlord and Tenant acknowledge and agree that, commencing on the date on which each portion of the Premises is delivered by Landlord to Tenant, Tenant shall have the right to use and occupy such portion of the Premises (and other areas which Tenant has the right to use hereunder) for any purpose which complies with the terms of this Lease (including the performance of the Tenant Work and Furniture Work, and the conduct of Tenant’s business in the Premises), notwithstanding the fact that the Commencement Date may not yet have occurred. Any such use and occupancy of the Premises by Tenant (and/or any access or entry to the Premises by Tenant) prior to the Commencement Date shall be subject to each and all of the terms and provisions of this Lease, except that: (i) Tenant shall have no obligation to pay any Net Rent, Additional Rent for Tenant’s Pro Rata Share of Operating Expenses or Taxes, or (except as otherwise expressly provided herein or in the Workletter) any other amounts with respect to any such period prior to the Commencement Date, and (ii) except as provided in the Workletter, Landlord shall have no obligation to furnish any Building Services at any time prior to the date of issuance of a temporary or permanent certificate of occupancy from the City of Chicago relative to the Landlord Work.
Occupancy Prior to Commencement Date. In the event that Tenant occupies the Leased Premises prior to the Commencement Date as specified in Section 5.2 of the Lease, all the term and conditions of the Lease shall apply mutatis mutandis.
