Possession and Commencement Date Sample Clauses

Possession and Commencement Date. 4.1. Landlord shall use commercially reasonable efforts to tender possession of the Premises to Tenant on the Term Commencement Date. Notwithstanding anything in this Lease to the contrary, Landlord’s obligation to timely deliver possession of the Premises to Tenant shall be subject to extension on a day-for-day basis as a result of Force Majeure (as defined below). If possession is delayed by action of Tenant, then the Term Commencement Date shall be the date that the Term Commencement Date would have occurred but for such delay, and the first (1st) six (6) weeks of the Term shall be free of any obligation to pay Base Rent, as reflected in Section 2.3. Tenant shall execute and deliver to Landlord written acknowledgment of the actual Term Commencement Date and the Term Expiration Date within ten (10) days after Tenant takes occupancy of the Premises, in the form attached as Exhibit C hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Term Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any governmental licensing of the Premises required for the Permitted Use by Tenant shall not serve to extend the Term Commencement Date. 4.2. In the event that Landlord permits (in Landlord’s reasonable discretion) Tenant to enter upon the Premises prior to the Term Commencement Date for the purpose of the placement of equipment and personal property, Tenant shall furnish to Landlord evidence satisfactory to Landlord that insurance coverages required of Tenant under the provisions of Article 23 are in effect, and such entry shall be subject to all the terms and conditions of this Lease other than the payment of Base Rent or Tenant’s Share of Operating Expenses (as defined below).

Possession and Commencement Date. 4.1. Landlord shall use commercially reasonable efforts to tender possession of the Premises to Tenant on the Estimated Term Commencement Date, with the work (the ‘‘Tenant Improvements”) required of Landlord described in the Work Letter attached hereto as Exhibit B (the “Work Letter’’) Substantially Complete (as defined below). Tenant agrees that in the event such work is not Substantially Complete on or before the Estimated Term Commencement Date for any reason, then (a) this Lease shall not be void or voidable, (b) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, (c) the Term Commencement Date and Term Expiration Date shall be extended accordingly and (d) Tenant shall not be responsible for the payment of any Base Rent or Tenant’s Share of Operating Expenses (as defined below) until the actual Term Commencement Date as described in Section 4.2 occurs. The term “Substantially Complete” or “Substantial Completion” means that (y) the Tenant Improvements are substantially complete in accordance with the Approved Plans (as defined in the Work Letter), except for minor punch list items that will not materially adversely affect Tenant’s normal operations in the Premises, and (z) a certificate of occupancy or temporary certificate of occupancy has been issued by the applicable governmental agencies to occupy the Premises or the applicable governmental agencies have otherwise signed off permitting the Premises to be occupied. Notwithstanding anything in this Lease (including the Work Letter) to the contrary, Landlord’s obligation to timely achieve Substantial Completion shall be subject to extension on a day-for-day basis as a result of Force Majeure (as defined below).

Possession and Commencement Date. 4.1. Landlord shall provide access to the Premises to Tenant on the Execution Date, provided that Tenant acknowledges that the work required of Landlord to complete the core and shell of the Building in accordance with the plans and specifications (the “Base Building Plans”) for the base building listed in Exhibit B-1 attached hereto (the “Landlord’s Work”) shall not be completed as of the Execution Date or the Actual Access Date (defined below). As of the Execution Date, Landlord has Substantially Completed (defined below) the portion of Landlord’s Work described in Section 1 of Exhibit B-4, and Landlord shall use commercially reasonable efforts to cause the portion of Landlord’s Work described in Section 2 of Exhibit B-4 (the “Interim Work”) to be Substantially Complete by May 1, 2014. Landlord’s Work is more particularly described in Exhibit B-6, provided that in the event of a conflict between Exhibit B-6 and the Base Building Plans, the Base Building Plans shall govern and control. The date on which Landlord Substantially Completes the Interim Work is the “Actual Access Date.” In the event that the Actual Access Date has not occurred by May 1, 2014, then (a) this Lease shall not be void or voidable and (b) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, except that the Rent Commencement Date shall be delayed by one (1) day for each day after the Estimated Term Commencement Date that Tenant is unable to commence operating its business in the Premises solely as a result of Landlord’s failure to Substantially Complete the Interim Work on or before May 1, 2014 (provided that such day-for-day abatement of the Rent Commencement Date shall not exceed the number of days between May 1, 2014 and the Actual Access Date). Landlord may make revisions to the Base Building Plans from time to time, and any change to the Approved Plans required as a result of the revisions to the Base Building Plans shall constitute a Change (as defined in Exhibit B-2 hereto (the “Work Letter”)).

Possession and Commencement Date. 4.1. Landlord shall tender possession of the Premises within one (1) business day after the Effective Date. Landlord agrees to use commercially reasonable efforts to complete Landlord’s Work (as defined below) within one hundred twenty (120) days after building permits are obtained for the improvements to be made to the Premises in accordance with this Lease. Tenant agrees that in the event Landlord’s Work is not Substantially Complete (as defined below) within such one hundred twenty (120) day period after the Effective Date, then this Lease shall not be void or voidable and Landlord shall not be liable to Tenant for any loss or damage resulting therefrom. If Landlord fails to timely achieve Substantial Completion of Landlord’s Work for any reason whatsoever, then Landlord shall have no liability to Tenant for such failure,

Possession and Commencement Date. 4.1 Landlord shall tender possession of the Premises to Tenant on the Term Commencement Date. 4.2 Failure by Tenant to obtain validation by any medical review board or validation of the Premises for Tenant’s intended use by State or Federal FDA shall not serve to extend the Term Commencement Date. 4.3 [Intentionally omitted]. 4.4 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord.

Possession and Commencement Date. 4.1. Landlord shall tender possession of the Demised Premises to Tenant on the Effective Date. 4.2. The "Term Commencement Date" shall be the Effective Date. ---------------------- 4.3. [Intentionally Omitted.] 4.4. Subject to the provisions of Section 31.4, access to areas of the Building necessary for Landlord to exercise its rights or perform its obligations under this Lease is reserved to Landlord. Access to and possession of areas necessary for utilities, services, safety and operation of the Project is reserved to Landlord. 4.5. [Intentionally Omitted.]

Possession and Commencement Date. The “Term Commencement Date” shall be the later of (a) December 17, 2019, and (b) the date upon which the Sublessor (as defined in Section 3.3) vacates and abandons all rights to the Premises and the Sublessor’s lease is of no force or effect. Upon request by Landlord and delivery to Tenant of an unexecuted, but completed, copy of the form attached hereto as Exhibit C, Tenant shall execute and deliver to Landlord written acknowledgment of the actual Term Commencement Date, the Rent Commencement Date and the Term Expiration Date within ten (10) days of such request. Failure to execute and deliver such acknowledgment, however, shall not affect the Term Commencement Date, the Rent Commencement Date, the Term Expiration Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by the Food and Drug Administration, any medical review board, health department, liquor control board or other similar governmental licensing of the Premises required for the Permitted Use by Tenant shall not serve to extend the Term Commencement Date.

Possession and Commencement Date. 4.1. Landlord shall use commercially reasonable efforts to tender possession of the Premises to Tenant on the Estimated Term Commencement Date, with (a) the work (the “Pre-Commencement Landlord Work”) described on Exhibit D attached hereto (the “Pre-Commencement Landlord Work Plans”) Substantially Complete, and (b) the work (the “Tenant Improvements”) required of Landlord described in the Work Letter attached hereto as Exhibit B (the “Work Letter”) Substantially Complete. Tenant agrees that in the event such work is not Substantially Complete on or before the Estimated Term Commencement Date for any reason, then (w) this Lease shall not be void or voidable, (x) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, (y) the Term Expiration Date shall be extended accordingly and (z) Tenant shall not be responsible for the payment of any Base Rent or Tenant’s Adjusted Share of Operating Expenses (as defined below) until the actual Term Commencement Date as described in Section 4.2 occurs. The term “Substantially Complete” or “Substantial

Possession and Commencement Date. 4.1 Landlord shall deliver possession of the Premises to Tenant on the later of (a) the Execution Date and (b) the date in which Landlord receives evidence of Tenant’s insurance (pursuant to Section 4.6) and the Security Deposit (such date, the “Possession Date”) for the purpose of constructing the work to be performed by Tenant and described in the Work Letter (the “Tenant Improvements”). During the period beginning on the Possession Date and continuing through the Term Commencement Date, Tenant and its contractors, representatives and agents shall be entitled to enter the Premises, the Building and the Project for the sole purposes of (i) constructing the Tenant Improvements in the Premises and (ii) in Landlord’s sole and absolute discretion, placing personal property in the Premises. Such access shall include the right to use the loading dock serving the Building and the Building’s parking facilities and elevators. 4.2 Tenant shall cause the Tenant Improvements to be constructed in the Premises pursuant to the Work Letter attached hereto as Exhibit B (the “Work Letter”). Tenant shall pay all of the costs and expenses in connection with the construction of the Tenant Improvements, except that Landlord shall make available to Tenant the following allowance amounts: (a) Six Million Three Hundred Twenty-Seven Thousand Eight Hundred Forty Dollars ($6,327,840) (based upon One Hundred Twenty Dollars ($120.00) per square foot of Rentable Area (as defined below)) (the “Base TI Allowance”) plus (b) if properly requested by Tenant pursuant to this Section, Seven Hundred Ninety Thousand Nine Hundred Eighty Dollars ($790,980) (based upon Fifteen Dollars ($15.00) per square foot of Rentable Area) (the “Additional TI Allowance”), for a total of Seven Million One Hundred Eighteen Thousand Eight Hundred Twenty Dollars ($7,118,820) (based upon One Hundred Thirty-Five Dollars ($135.00) per square foot of Rentable Area). The Base TI Allowance, together with the Additional TI Allowance (if properly requested by Tenant pursuant to this Article), shall be referred to herein as the “TI Allowance.” Notwithstanding the foregoing, the TI Allowance shall be adjusted based upon the final Rentable Area of the Premises. The TI Allowance may be applied to the costs of (n) construction, (o) a construction manager reasonably approved by Landlord, (p) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (q) building permit...

Possession and Commencement Date. If at the Commencement Date of this Concession Lease Concessionaire Xxxxxx’s Premises hereunder are not ready to be occupied, then the Rent provisions of Section 4 of this Concession Lease and other performance obligations hereunder shall not take effect until City can give possession of the Premises to Concessionaire Tenant. City and Concessionaire Tenant may enter a Letter Agreement signed by both parties describing additional terms that may apply during the Transition Period. Concessionaire Tenant will promptly take possession of the Premises upon receiving City’s notice instructing Concessionaire Tenant to relocate, and by doing so, Concessionaire Tenant relinquishes any and all rights in any City property previously used by Concessionaire Tenant that is not a part of the Premises under this Concession Lease.