Possession and Commencement Sample Clauses

Possession and Commencement. Landlord shall deliver the Premises to Tenant in its “as is” condition (except as otherwise provided in Sections 5.05E and 6.01 of this Lease and Section 2 of the Work Letter) on the later of (a) the date which is three (3) business days after the date Tenant provides Landlord with written notice of issuance of the building permit required for construction of Tenant’s Work (as defined in the Work Letter) or (b) June 1, 2004 (the “Possession Date”). Landlord shall use reasonable efforts to deliver the Premises as soon as possible after the current tenant vacates the Premises. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant in the condition required hereunder within sixty (60) days after the anticipated Possession Date (a “Possession Delay”), Tenant shall have the right to terminate this Lease by delivering written notice to Landlord within three (3) business days after the end of such sixty (60) day period, unless Landlord delivers the Premises to Tenant within ten (10) days after such notice. Unless the Premises are delivered before the expiration of such ten (10) day period, Landlord shall be liable to Tenant for all actual, out-of-pocket losses and damages resulting therefrom. Tenant shall have no other remedies or resources for such failure by Landlord. If Tenant elects not to terminate this Lease, the Commencement Date, the Initial Term and the Options shall be extended by the length of the Possession Delay. In the event of a Possession Delay, Tenant shall have the right to postpone its election to terminate to a specified date, and may make such election on the later date specified in a written notice to Landlord delivered within ten (10) days after the anticipated Possession Date. If Tenant’s Work is not completed on the sixth (6th) month anniversary of the date the Premises is delivered to Tenant due to any Force Majeure Delay or Landlord Delay, the Commencement Date shall be delayed one (1) day for each day that completion of any Tenant Work is delayed due to such Force Majeure Delay or Landlord Delay. The term “Force Majeure Delay” shall mean any delay in completion of the Tenant Work which is attributable to Force Majeure (as defined below). The term “Landlord Delay” shall mean any delay in completion of the Tenant Work which is attributable to the act or omission of Landlord, its employees, agents or contractors. The period from the Possession Date until the Commencement Date shall be the “Build-Out Period” durin...
Sample 1Sample 2
AutoNDA by SimpleDocs
Possession and Commencement. (a) Tenant is in possession as of the Commencement Date. (b) Tenant acknowledges and agrees that Xxxxxx has been in possession of the Premises and that the Premises shall be leased by Landlord to Tenant in its present “AS IS” condition and that Landlord makes absolutely no representations or warranties whatsoever with respect to the Premises or the condition thereof. Tenant acknowledges that Landlord has not investigated and does not warrant or represent to Tenant that the Premises are fit for the purposes intended by Tenant or for any other purpose or purposes whatsoever. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Premises in accordance with applicable governmental requirements, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities. Xxxxxx agrees that, by leasing the Premises, 9044.051 Five Oaks Office Lease to Credence Lot 2 v2 Tenant warrants and represents that Tenant has examined and approved all things concerning the Premises which Tenant deems material to Tenant’s leasing and use of the Premises. Xxxxxx further acknowledges and agrees that (i) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Premises or which have induced Tenant to execute this Lease, and (ii) any other representations and warranties are expressly disclaimed by Landlord.
Sample 1
Possession and Commencement. Commencement of the Lease shall be September 26, 2000. Lessee will have been in possession of the Premises from March 1, 1999 under a Sub-Lease agreement dated January 15, 1999, and shall continue occupancy upon the expiration of the Sub-Lease agreement.
Sample 1
Possession and Commencement. Commencement of the Sub-Lease shall be March 1, 1999. Sub-Lessor shall deliver possession to Sub-Lessee on or before February 15, 1999. Sub-Lessee may occupy the premises during this period without the payment of rent, but subject to the other provisions of the Sub-Lease and Master Lease.
Sample 1
Possession and Commencement. Subject to the terms of this Section 3, this Lease is a binding lease from the date executed, even though the Commencement Date is to occur at a later date. Landlord agrees that it shall deliver the Premises to Tenant upon execution of this Lease. By occupying any portion of the Premises, Tenant shall be deemed to have accepted the Premises in its condition as of the date of such occupancy. Prior to or promptly after occupying any portion of the Premises, Tenant and Landlord shall execute and deliver to Landlord a letter substantially in the form attached to Exhibit E hereto confirming (i) that Tenant has accepted the Premises, (ii) that Landlord has performed all of its obligations with respect to delivery of the Premises, and (iii) confirming the Commencement Date. Tenant hereby acknowledges that Landlord will construct a multi-tenant corridor on the 5th floor of Building III and that such construction may continue after the execution date of this Lease. Tenant and Landlord agree to, and to cause any contractors employed by each of them to, use reasonable efforts to coordinate construction and build-out work in order to minimize interference with the construction or build-out work of the other party.
Sample 1
Possession and Commencement. 2 5. MONTHLY. . . . . . . . . . . . . . . . . . . . . . . . 2 6.
Sample 1
Possession and Commencement. 3 5. RENT................................................................... 3 6.
Sample 1
AutoNDA by SimpleDocs
Possession and Commencement 
Sample 1

Related to Possession and Commencement

  • Commencement and Completion The Work shall commence on _______________, 20__ and shall be complete in accordance with this Agreement without delay on ______________, 20__. The term “day”, used throughout this Agreement, refers to calendar days. Contractor shall not be entitled to any additional compensation for any Permitted Delays. If this Agreement is not signed and returned to the Owner before any work commences, this Agreement will be considered as accepted as presented to the Contractor.

  • COMMENCEMENT AND COMPLETION OF THE PROJECT Section 3.01 The Project (a) The Company intends and expects, together with any Sponsor Affiliate, to (i) construct and acquire the Project, and (ii) meet the Contract Minimum Investment Requirement within the Investment Period. The Company anticipates that the first Phase of the Project will be placed in service during the calendar year ending December 31, 2020. (b) Pursuant to the FILOT Act and subject to Section 4.03 hereof, the Company and the County hereby agree that the Company and any Sponsor Affiliates shall identify annually those assets which are eligible for FILOT payments under the FILOT Act and which the Company or any Sponsor Affiliate selects for such treatment by listing such assets in its annual PT-300S form (or comparable form) to be filed with the Department (as such may be amended from time to time) and that by listing such assets, such assets shall automatically become Economic Development Property and therefore be exempt from all ad valorem taxation during the Exemption Period. Anything contained in this Fee Agreement to the contrary notwithstanding, the Company and any Sponsor Affiliates shall not be obligated to complete the acquisition of the Project. However, if the Company, together with any Sponsor Affiliates, does not meet the Contract Minimum Investment Requirement within the Investment Period, the provisions of Section 4.03 hereof shall control. (c) The Company may add to the Land such real property, located in the same taxing District in the County as the original Land, as the Company, in its discretion, deems useful or desirable. In such event, the Company, at its expense, shall deliver an appropriately revised Exhibit A to this Fee Agreement, in form reasonably acceptable to the County.

  • TIME OF COMMENCEMENT AND COMPLETION 2.1 The Contractor shall commence the Work upon the date established in the Notice to Proceed. 2.2 The Contractor shall achieve Final Completion, as defined in Section 105.01, Contract Time, Notice of Contract Execution and Notice to Proceed of the Loudoun County Revisions to the 0000 XXXX Xxxx & Bridge Specifications, Division I - General Provisions, within one hundred and eighty (180) calendar days from the date specified in the Notice to Proceed. This time period shall be designated the Contract Time. The Notice to proceed will be issued approximately than thirty (30) days after the execution of this agreement. The Contractor agrees that the time for completion of the Work as described in the Contract Documents shall govern unless specifically amended in writing by the County, and that no claims for early completion are allowed to be presented by the Contractor to the County. 2.3 The County specifies that time is of the essence under this Contract. Time being of the essence, it is essential to the County that Contract work will be completed within the Contract Time. The County and the Contractor agree that damages for failure to complete the work within the Contract Time are not susceptible to exact determination but that $600 per day is in proportion to the actual loss that the County would suffer from such delay. Therefore, the Contractor will pay the County on demand $600 per day for each and every day beyond the one hundred and eighty (180) calendar days, or modified date of completion, that the County determines that work is not complete, as damages caused by such delay and not as a penalty. The County shall be entitled to offset liquidated damages against any sum owed by the County to the Contractor under this Contract. 2.4 The amount of liquidated damages set forth in Articles 2.3 above shall be assessed cumulatively. This provision for liquidated damages does not bar County's right to enforce other rights and remedies against Contractor, which are otherwise legally enforceable, including but not limited to, specific performance or injunctive relief. 2.5 The Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Agreement as they may appear on grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

  • Project Commencement The Grantee shall begin the grant-funded project <<on or before insert date>> <<within 90 days of the original start date of the grant term or grant execution date, whichever is later,>>, unless otherwise approved by System Agency. If project commencement is delayed, the Grantee must submit in writing to the assigned contract manager, the steps taken to initiate the project, the reasons for the delay, and the expected start date. System Agency may require Grantee to take immediate remedial or corrective action in response to any delay.

  • Commencement and Completion of Work The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

  • Lease Commencement Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b), cannot deliver possession of the Premises, as provided for in Article 27(a), to Lessee at the commencement of the agreed Term as set forth in Article 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement Date, and if requested by Lessor, Lessor and Lessee shall, ratify and confirm said Commencement and Expiration Dates by completing and signing Exhibit G attached hereto and made a part hereof.

  • Occupancy After Foreclosure Any sale of the Mortgaged Property or any part thereof will divest all right, title and interest of Mortgagor in and to the property sold. Subject to applicable law, any purchaser at a foreclosure sale will receive immediate possession of the property purchased. If Mortgagor retains possession of such property or any part thereof subsequent to such sale, Mortgagor will be considered a tenant at sufferance of the purchaser, and will, if Mortgagor remains in possession after demand to remove, be subject to eviction and removal, forcible or otherwise, with or without process of law.

  • POSSESSION AND OCCUPATION 3.1 The CONTRACTOR, its agents, servants and subcontractors shall at all times until the Works have been completed and the OWNER has signed and handed to the CONTRACTOR the final completion form, be entitled to enter and be present on the property for construction purposes. The CONTRACTOR shall further be entitled to enter into and be present on the property for purposes of completing minor works and snags listed on the snag list. 3.2 At no time whatsoever shall the OWNER be entitled to make claim, attach or in any way claim possession or retention of any of the CONTRACTOR's tools, equipment or building material and by signature hereof the OWNER waives all or any right which he may have acquired in this regard. 3.3 The OWNER shall be obliged to take occupation and possession of the Works at a date agreed upon between the parties but not later than 14 (fourteen) days after the handover date and it shall be incumbent on the OWNER to monitor progress of the Works in order to enable him to make whatever arrangements which may be necessary or required by him to: 3.3.1 take possession and occupation of the Works; 3.3.2 make payment of all or any amounts which may then still be due by him to the CONTRACTOR. 3.4 Should the OWNER fail to take occupation and possession of the Works as provided in clause 3.3 OR on such other date as may be agreed between the parties in writing – 3.4.1 it shall irrevocably be deemed for all purposes hereunder, that the OWNER has effectively and fully taken occupation and possession of the property and Works as set out in clause 3.3 and that all items on the snag list have been completed and accepted by the OWNER; 3.4.2 the CONTRACTOR shall not be responsible for any damages to the property after the deemed occupation date and the OWNER shall at his own cost provide security for the property against any vandalism and/or theft and/or any other damages thereto. 3.5 The CONTRACTOR shall, within 14 (fourteen) days from the commencement date as defined in clause 1.1.12, inform the OWNER of the estimated occupation date in writing. It is recorded that - 3.5.1 subject to the bond being registered and/or required proof regarding payment arrangements being submitted by the estimated building commencement date, the date on which the OWNER shall be able to occupy the property is estimated to be approximately 150 (one hundred and fifty) days after the commencement date, subject to the provisions of clause 5.6. 3.5.2 should the CONTRACTOR be unable to meet the estimated occupation date defined in clause 1.1.12 and referred to in clause 3.5.1, he shall be obliged to inform the OWNER in writing thereof at least 30 (thirty) days in advance.

  • Commencement of Agreement This agreement shall come into force in respect of the Commonwealth and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State, or, having been signed on behalf of the State without that authority, is approved by the Parliament of the State.

  • Commencement and Completion of Construction Subject to Unavoidable Delays, Developer shall cause construction of the Minimum Improvements to be undertaken and completed: (i) by no later than June 1, 2020; or (ii) by such other date as the parties shall mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the building official or any amendments thereto as may be approved by the building official. Developer agrees that it shall permit designated representatives of the City, upon reasonable notice (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!