Common use of Phased Delivery and Required Opening Clause in Contracts

Phased Delivery and Required Opening. City may deliver the Facilities to Tenant in phases, with one or more Facilities delivered to Tenant at different times. Tenant shall have no right to use or occupy any Facility until the Facility is so delivered. As to each Facility, on the Delivery Date, Tenant shall (i) take possession of such Facility, (ii) cause Tenant’s Work (as defined below) to be substantially completed at Tenant’s sole cost, and (iii) cause the Facility to be open for business within ninety (90) days. As used herein, the term “Tenant’s Work” shall mean all improvements, alterations, fixture, equipment, and signage installation, and furniture placement necessary or appropriate for the conduct of the Permitted Use, including all work described as Tenant’s Work on Exhibit D, attached (the “Work Letter”).

Phased Delivery and Required Opening. City may deliver the Facilities to Tenant in phases, with one or more Facilities delivered to Tenant at different times. Tenant shall have no right to use or occupy any Facility until the Facility is so delivered. As to each Facility, on the Delivery Date, Tenant shall (i) take possession of such Facility, (ii) cause Tenant’s Work (as defined below) to be substantially completed at Tenant’s sole cost, and (iii) cause the Facility to be open for business within ninety one hundred and twenty (90120) days. As used herein, the term “Tenant’s Work” shall mean all improvements, alterations, fixture, equipment, and signage installation, and furniture placement necessary or appropriate for the conduct of the Permitted Use, including all work described as Tenant’s Work on Exhibit D, attached (the “Work Letter”).