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.
Occupancy Prior to Commencement Date. Landlord shall permit Tenant, ------------------------------------ and Tenant's agents and contractors who have been approved by Landlord, to enter the Leased Premises prior to the Commencement Date, in order that Tenant may do such work as may be required by Tenant to make the Leased Premises ready for Tenant's use and occupancy, provided that Tenant shall fully perform and comply with each of the following covenants, conditions and requirements:
(i) If Landlord permits such entry prior to the Commencement Date, then such permission is conditioned upon Tenant and Tenant's agents, contractors, workmen, mechanics, suppliers and invitees, working in harmony and not interfering with Landlord and Landlord's agents, contractors, suppliers, workmen, and mechanics in the Leased Premises; and if at any time such entry shall in the judgment of Landlord cause or threaten to cause disharmony or interference, Landlord shall have the right to withdraw such permission upon twenty-four (24) hours written notice;
(ii) Tenant agrees that any such entry into the Leased Premises shall be deemed to be under all of the terms, covenants, conditions, and provisions of the Lease except as to the covenant to pay Base Rent and Additional Charges, and further agrees that in connection therewith Landlord shall not be liable in any way for any injury, loss, or damage which may occur to any of Tenant's work and installations made in said Leased Premises or to property placed therein prior to the Commencement Date and thereafter, the same being at Tenant's sole risk. In addition, Tenant shall require all entities performing work on behalf of Tenant to provide protection for existing improvements to an extent that is satisfactory to Landlord and shall allow Landlord access to the Leased Premises, for inspection purposes, at all times during the period when Tenant is undertaking construction activities thereon. In the event any entity performing work on behalf of Tenant causes any damage to the property of Landlord or others, Tenant shall cause such damage to be repaired at Tenant's expense and if Tenant fails to cause such damage to be repaired promptly upon Landlord's demand therefor, Landlord may in addition to any other rights or remedies available to Landlord under this Lease or at law or equity cause such damage to be repaired, in which event Tenant shall promptly upon Landlord's demand pay to Landlord the cost of such repairs;
(iii) All contractors and subcontractors shall use only...
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. 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. 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. 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. 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. If tenant occupies any part of the demised premises for any period prior to commencement date, tenant shall pay rental therefor on a prorata basis from the date of occupancy to the commencement date.
Occupancy Prior to Commencement Date. Provided that the Tenant has delivered to the Landlord proof of its insurance in form and content specified in clause 8.1 of this Lease, the Tenant shall be entitled to occupancy of the Premises for a period of two months prior to the Commencement Date (the “Fixturing Period”) for the purpose of completing the Tenant’s Work, moving in its furniture/equipment and inventory for its business operation initialization period provided that:
(a) during such period of early occupancy all provisions of this Lease will apply;
(b) the payment of Rent will commence on the Commencement Date;
(c) the Tenant will be responsible for Utility Costs;
(d) the Tenant will be allowed to conduct its business during the Fixturing Period, and
(e) the Term will not commence to run until the Commencement Date.
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.
