Common use of Phased Delivery and Required Opening Clause in Contracts

Phased Delivery and Required Opening. City may deliver each Facility 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, upon City’s notice that such Facility is ready for Tenant to take possession, Tenant shall (a) take possession of such Facility, (b) cause the Initial Improvements to be substantially completed, and (c) cause the Facility to be open for business within ninety (90) days; provided, however, in the event City simultaneously delivers more than one Facility to Tenant, Tenant shall have an additional thirty (30) days to complete its Initial Improvements for each additional Facility, such that Tenant will have one hundred twenty (120) days to complete its Initial Improvements for the second Facility, one hundred fifty (150) days for the third Facility and no more than one hundred eighty (180) days for the fourth and each additional Facility.

Phased Delivery and Required Opening. City may deliver each Facility 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, upon City’s notice that such Facility is ready for Tenant to take possession, Tenant shall (a) take possession of such Facility, (b) cause the Initial Improvements to be substantially completed, and (c) cause the Facility to be open for business within ninety one hundred twenty (90120) days; provided, however, in the event City simultaneously delivers more than one Facility to Tenant, Tenant shall have an additional thirty (30) days to complete its Initial Improvements for each additional Facility, such that Tenant will have one hundred twenty fifty (120150) days to complete its Initial Improvements for the second Facility, one hundred fifty eighty (150180) days for the third Facility and no more than one two hundred eighty ten (180210) days for the fourth and each additional Facility.

Phased Delivery and Required Opening. If the Premises are made up of more than one Facility, City may deliver each Facility 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, upon City’s notice that such Facility is ready for Tenant to take possession, Tenant shall (a) take possession of such Facility, (b) cause the Initial Improvements to be substantially completed, and (c) cause the Facility to be open for business within ninety one hundred twenty (90120) days; provided, however, in the event City simultaneously delivers more than one Facility to Tenant, Tenant shall have an additional thirty (30) days to complete its Initial Improvements for each additional Facility, such that Tenant will have one hundred twenty fifty (120150) days to complete its Initial Improvements for the second Facility, one hundred fifty eighty (150180) days for the third Facility and no more than one two hundred eighty ten (180210) days for the fourth and each additional Facility.