PHASED OCCUPANCY Sample Clauses

PHASED OCCUPANCY. In the event a portion of the Leased Premises ---------------- are substantially completed and ready for occupancy, and LESSOR shall have given notice to LESSEE thereof, then LESSEE shall have the right to commence use and occupancy of such portion of the Leased Premises subject to the terms and conditions of this Lease. During the period of such partial use and occupancy, Base Rent and additional rent payable under Paragraphs 4 and 5 hereof shall be payable on a pro rata basis in the same proportion as the square footage of the space being used and occupied bears to the total square footage of the Leased Premises, and LESSEE shall perform, comply with and abide by all of its obligations, undertakings and covenants as if, and to the same extent, as though the term had commenced.
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PHASED OCCUPANCY. Assignor and Assignee agree to cooperate, in good faith, if Assignor elects to phase-out of the Building at different times. Assignor shall give written notice of such election to Assignee stating the dates on which Assignor intends to vacate each portion of the Building. The parties acknowledge and agree that each phase of the Building to be vacated by Assignor must be sufficiently demised and otherwise appropriate for Assignee's phased move-in and use. In the event of a phased move-in, Assignee shall only be responsible for a proportionate share of the obligation to pay rent and other amounts due under the Lease and the performance of other obligations under the Lease based on a fraction, the numerator of which is the rentable area of the portion of the Premises so occupied by Assignee, and the denominator of which is the total rentable area of the Premises. In such event, Assignor shall remain liable for its proportionate share of all payment and performance obligations under the Lease. In no event shall the phase-out period be longer than six (6) months after the date possession of the first phase of the Building is delivered to Assignee.
Sample 1
PHASED OCCUPANCY. Tenant shall commence occupancy of a minimum of 30,000 rentable square feet of Building 4 upon Substantial Completion (as defined in EXHIBIT "C" to this Amendment) of the Tenant Improvements (as defined in EXHIBIT "C" to this Amendment) in Building 4. Tenant shall occupy the remainder of Building 4 in not more than two (2) phases (each, a "PHASE"). The first Phase shall result in Tenant having commenced occupancy of at least 45,000 rentable square feet (in the aggregate) of Building 4. The second Phase shall result in Tenant having commenced occupancy of all of Building 4. Tenant shall be permitted to occupy each such Phase upon thirty (30) days prior written notice to Landlord, but shall be required to occupy all of Building 4 not later than the date which is one (1) year after the Amendment Commencement Date (the "PHASED OCCUPANCY DEADLINE"). Tenant shall pay Base Rent on the portion of Building 4 which Tenant has occupied or is required to have occupied based upon the rentable square footage thereof commencing on the date of such occupancy or required occupancy. Base Rent on such portion of the Building shall be payable at the "pre Term Commencement Date rate" set forth in Paragraph 7 below. Commencing on the Amendment Commencement Date, Tenant shall pay Additional Rent on all of Building 4 without regard to Tenant's actual occupancy thereof. From the Amendment Commencement Date through the Term Commencement Date, Tenant shall pay to Landlord, as additional rent, in addition to Tenant's monthly installment of Base Rent, an amount equal to the total cost of the Tenant Improvement Allowance, on a rentable square foot basis, multiplied by the number of rentable square feet in Building 4 which Tenant has not occupied and is not required to have occupied pursuant to the provisions of this Paragraph 6, multiplied by 1.0073. Additionally, from the date which is four (4) months after the Amendment Commencement Date through the Term Commencement Date, Tenant shall pay to Landlord, in addition to Tenant's monthly installment of Base Rent for Buildings 1, 2 and 3 and such portions of Building 4 as Tenant has occupied or is required to have occupied pursuant to the provisions of this Paragraph 6, monthly installments of one-half (1/2) Base Rent (calculated at the "pre Term Commencement Date rate") on a rentable square foot basis, multiplied by the number of rentable square feet in Building 4 which Tenant has not occupied and is not required to have occupied pursuan...
Sample 1
PHASED OCCUPANCY. The last two sentences of Section 2(A) of the Lease are hereby deleted in their entirety.
Sample 1
PHASED OCCUPANCY. Also as part of Basic Services, Architect shall incorporate into its planning that various areas in the New Stadium will need to be ready for early occupancy, such as administrative and tenant offices, concession premises, loading dock, engineering offices and shops, box offices and tickle lobbies, which will also require early permitting.
Sample 1
PHASED OCCUPANCY. Landlord and Tenant agree in good faith that Tenant's use of the Premises during the Phased Occupancy shall approximately meet the square footage amounts reflected in Paragraph 3 of the Schedule.
Sample 1
PHASED OCCUPANCY. In the event (as is contemplated herein) that the LESSEE occupies a portion of the Leased Premises, then LESSEE shall have the right to commence use and occupancy of such portion of the Leased Premises subject to the terms and conditions of this Lease. [During the period of such partial use and occupancy, Base Rent and additional rent payable under Paragraphs 4 and 5 hereof shall be payable on a pro rata basis in the same proportion as the square footage of the space being used and occupied bears to the total square footage of the Leased Premises as outlined in Paragraph 4 below]. LESSOR shall deliver to LESSEE the following spaces on the following dates: Second floor (formerly Phar Lap) space (7,577 RSF) - May 1, 1999 First floor (formerly IONA Technologies) space (19,872 RSF) - July 16, 1999 Second floor space (4,500 RSF) - June 0, 0000 Xxxxxx xxxxx (xxxxxxxx Xxxx Xxx) space (8,127 RSF) - September 1, 2001 If the LESSOR for any reason cannot deliver possession of any of the above-referenced spaces by the corresponding delivery dates, there shall be an abatement of Base Rent and additional rent due on the space which has not been delivered on time under this Lease for the period between the delivery date and the time when LESSOR does deliver possession of the subject space, provided that if LESSOR fails to deliver possession of the 19,872 RSF first floor space on or before August 30, 1999, LESSEE shall have the option to terminate this Lease upon written notice to LESSOR on or before August 31, 1999. In the event that LESSOR fails to deliver possession of the 19,872 RSF first floor space by October 14, 1999 then LESSEE shall have the option to terminate this Lease upon written notice to LESSOR on or before October 15, 1999. In the event that LESSOR fails to deliver possession of the 19,872 RSF first floor space by October 14, 1999 because IONA has not vacated said space, then LESSOR shall have the option to terminate this Lease by written notice to LESSEE on or before October 15, 1999. If the LESSOR for any reason cannot deliver possession of any of the other above-referenced spaces within forty-five (45) days of the corresponding delivery dates, there shall be an additional one (1) day of free rent on that space for each day over the forty-five (45) days that the space was delivered late.
Sample 1
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PHASED OCCUPANCY. Notwithstanding anything to the contrary contained in this Lease, the parties acknowledge that, during the first twenty-four (24) months of the Term, Tenant shall occupy approximately thirty-eight thousand (38,000) square feet of the Building, and that, commencing on the first day of the twenty-fifth (25th) month of the Term and continuing through the Lease Expiration Date, Tenant shall occupy the remaining thirteen thousand one hundred five (13,105) square feet of the Building ("Additional Space"), for a total of fifty-one thousand one hundred five (51,105) square feet. Rent during both periods shall be as set forth in Paragraph 5.13. hereof. During the first twenty-four months of the Term, Landlord shall have the right to sublease the Additional Space to a third party so long as the term of the sublease does not extend beyond the last day of the twenty-fourth (24th) month of the Term. If Landlord has not delivered the Additional Space to Tenant forty-five (45) days after the last day of the twenty-fourth (24th) month of the Term, Tenant shall have the option to terminate its obligation to lease the Additional Space. On the date that Landlord delivers the Additional Space to Tenant, the Additional Space shall be in the condition required by Paragraph 2.A.2. hereof. Notwithstanding the foregoing, Tenant's obligation to pay rent for the Additional Space shall not arise until the date that Landlord delivers the Additional Space to Tenant.
Sample 1

Related to PHASED OCCUPANCY

  • Early Occupancy If Tenant occupies the Property prior to the Commencement Date, Tenant's occupancy of the Property shall be subject to all of the provisions of this Lease. Early occupancy of the Property shall not advance the expiration date of this Lease. Tenant shall pay Base Rent and all other charges specified in this Lease for the early occupancy period.

  • Maximum Occupancy No more than two (2) guests per one (1) resident (who is present) are permitted in a student room/suite/apartment at any given time unless otherwise approved by the University (Residential Life).

  • Possession and Occupancy The Seller will deliver possession and occupancy of the Property to the Buyer at Closing. The Seller shall provide access to all locks, including keys, remote controls, and any security/access codes, necessary to operate all locks, mailboxes, and security systems.

  • USE AND OCCUPANCY Tenant shall use and occupy the Demised Premises for the commercial purpose of ____________________________________________________________ [Description of commercial purpose] and related activities. The Demised Premises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate the Demised Premises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Janitorial Services (Check one) ☐ Tenant shall provide its own janitorial services. ☐ As agreed by both parties, Landlord shall provide janitorial services and shared costs will be included in the Operating Cost. Tenant shall use the Demised Premises for no unlawful purpose or act; shall commit or permit no waste or damage to the Demised Premises; shall, at Tenant’s expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about the Demised Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: (Check all that apply) ☐ I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. ☐ II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows of Demised Premises unless approved by Landlord. ☐ III. No smoking in the Demised Premises or within __________ feet or any doorway. ☐ IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. ☐ V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of the Demised Premises, or on other areas of the Real Property without the prior written consent of Landlord. ☐ VI. No loudspeaker, television, phonograph, juke-box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within the Demised Premises without the prior written consent of Landlord. ☐ VII. No activity will take place on the Demised Premises or common areas which shall cause any odor which can be smelled other than by persons who are within the Demised Premises. ☐ VIII. Tenant shall keep the Demised Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. ☐ IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of the Demised Premises. ☐ X. The plumbing facilities in the Demised Premises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within the Demised Premises. ☐ XI. Tenant shall keep all windows, window xxxxx, window frames and exterior signs of the Demised Premises clean. ☐ XII. No merchandise shall be stored in the Demised Premises except that which Tenant is selling in the normal course of business in, at, or from the Demised Premises. ☐ XIII. No auctions or tent sales shall be held within the Demised Premises or on or within any portion of the Real Property, except with the prior written consent of Landlord. ☐ XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord’s opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. ☐ XV. Tenant shall keep the Demised Premises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. ☐ XVI. Tenant shall not use the Demised Premises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. ☐ XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Demised Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom.

  • Occupancy The Assuming Institution shall give the Receiver fifteen (15) days' prior written notice of its intention to vacate prior to vacating any leased Bank Premises with respect to which the Assuming Institution has not exercised the option provided in Section 4.6(b). Any such notice shall be deemed to terminate the Assuming Institution's option with respect to such leased Bank Premises.

  • NUMBER OF OCCUPANTS Tenant agrees that the House shall be occupied by no more than [Total Number of Occupants] persons, including no more than [Maximum Number of Children] under the age of eighteen (18) years, without the prior written consent of Landlord.

  • Certificate of Occupancy The Contractor’s obligation under the Contract is to install the Work in accordance with the Contract Documents, obtain the Certificate of Occupancy from the State Fire Marshal or his deputy, and forward it to the Design Professional as a part of the final close out procedures. The Design Professional’s obligation is to design the Work to comply with the applicable codes and to qualify for a Certificate of Occupancy.

  • PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Paragraph 11.3.1.5, the surety, and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Paragraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. 9.9.2 Immediately prior to partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

  • Lessee as Prior Owner/Occupant The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the owner or occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work.

  • Ready for Occupancy For purposes of Section 1.3.2 of this Agreement, the Premises shall be deemed “Ready for Occupancy” upon the substantial completion of the Tenant Improvement Work. Subject to Section 4.2 below, the Tenant Improvement Work shall be deemed to be “substantially complete” upon the completion of the Tenant Improvement Work pursuant to the Approved Construction Drawings (as reasonably determined by Landlord), with the exception of any details of construction, mechanical adjustment or any other similar matter the non-completion of which does not materially interfere with Tenant’s use of the Premises.

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