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 has commenced. 4 3.2
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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.
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.
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...
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.
PHASED OCCUPANCY. The last two sentences of Section 2(A) of the Lease are hereby deleted in their entirety.
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.
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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.

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.

  • 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)

  • 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.

  • 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.

  • 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.

  • Landlord Work All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's sole cost and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in full.

  • Permits; Certificate of Occupancy Lender shall have received a copy of all Permits necessary for the use and operation of the Property and the certificate(s) of occupancy, if required, for the Property, all of which shall be in form and substance reasonably satisfactory to Lender.

  • Sublease Premises On and subject to the terms and conditions below, Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord, the Sublease Premises.

  • Certificates of Occupancy To the extent the same are in Seller’s possession, original or photocopies of certificates of occupancy for all space within the Improvements located on the Property;

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