Common use of PARTIAL OCCUPANCY AND RENT COMMENCEMENT Clause in Contracts

PARTIAL OCCUPANCY AND RENT COMMENCEMENT. If the entire Premises are not ready for occupancy on the Scheduled Term Commencement Date, the Tenant may elect, but shall have no obligation to, occupy any portion or portions of the Premises which are ready for occupancy when, in Landlord's opinion, it can be done without material interference with remaining work. In such event, Tenant agrees not to materially interfere with Landlord's construction of the Premises. In the event Tenant elects to take occupancy of a portion of the Premises, that portion shall be deemed ready for occupancy as to said portion on the date of occupancy of such portion and Tenant's obligation to pay Fixed Rent and additional rent shall commence on said date pro rata based on the square footage occupied compared to the total square footage in the Premises. The foregoing provisions of this Section 3.2.1 shall not apply to the rights of Tenant set forth in Section 3.1.2 hereof.

Appears in 2 contracts

Samples: Attornment Agreement (Unisphere Solutions Inc), Attornment Agreement (Unisphere Networks Inc)

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PARTIAL OCCUPANCY AND RENT COMMENCEMENT. If the entire Premises are not ready for occupancy on the Scheduled Term Commencement Date, the Tenant may elect, but shall have no obligation to, occupy any portion or portions of the Premises which are ready for occupancy when, in Landlord's opinion, it can be done without material interference with remaining work. In such event, Tenant agrees not to materially interfere with Landlord's construction of the Premises. In the event Tenant elects to take occupancy of a portion of the Premises, that portion shall be deemed ready for occupancy as to said portion on the date of occupancy of such portion and Tenant's obligation to pay Fixed Rent and additional rent shall commence on said date pro rata based on the square footage occupied compared to the total square footage in the Premises. The foregoing provisions of this Section 3.2.1 shall not apply to the rights of Tenant set forth in Section 3.1.2 hereofBuilding.

Appears in 2 contracts

Samples: Lease (Nexx Systems Inc), Open Market Inc

PARTIAL OCCUPANCY AND RENT COMMENCEMENT. If the entire Premises are not ready for occupancy on the Scheduled Term Commencement Date, the Tenant may elect, but shall have no obligation to, occupy any portion or portions of the Premises which are ready for occupancy when, in Landlord's opinion, it can be done without material interference with remaining work. In such event, Tenant agrees not to materially interfere with Landlord's construction of the Premises. In the event Tenant elects to take occupancy of a portion of the Premises, that portion shall be deemed ready for occupancy as to said portion on the date of occupancy of such portion and Tenant's obligation to pay Fixed Rent and additional rent shall commence on said date pro rata based on the square footage occupied compared to the total square footage in the Premises. The foregoing provisions of this Section 3.2.1 9.2.1 shall not apply to the rights of Tenant set forth in Section 3.1.2 9.1.2 hereof.

Appears in 1 contract

Samples: Lease and Termination Agreement (Netscout Systems Inc)

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PARTIAL OCCUPANCY AND RENT COMMENCEMENT. If the entire Premises are not ready for occupancy on the Scheduled Term Commencement Date, the Tenant may elect, but shall have no obligation to, occupy any portion or portions of the Premises which are ready for occupancy when, in Landlord's opinion, it can be done without material interference with remaining work. In such event, Tenant agrees not to materially interfere with Landlord's construction of the Premises. In the event Tenant elects to take occupancy of a portion of the Premises, that portion shall be deemed ready for occupancy as to said portion on the date of occupancy of such portion and Tenant's obligation to pay Fixed Rent and additional rent shall commence on said date pro rata based on the square footage occupied compared to the total square footage in the Premises. The foregoing provisions of this Section 3.2.1 shall not apply to the rights of Tenant set forth in Section 3.1.2 hereof.

Appears in 1 contract

Samples: And Attornment Agreement (Rsa Security Inc/De/)

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