Common use of PRESENT OCCUPANT Clause in Contracts

PRESENT OCCUPANT. Tenant acknowledges that Owner has advised ------ ---------------- Tenant that the Sixth Additional Space is presently affected by a letting agreement with Studio Archetype, Inc. (referred to as the "Present Occupant") for a term to expire on December 31, 1997, unless sooner terminated pursuant to any of the terms, covenants or conditions of the lease with the Present Occupant or pursuant to law. Notwithstanding anything to the contrary contained herein, if the Present Occupant does not vacate and surrender the Sixth Additional Space to Owner on or prior to December 31, 1997, then (i) the Demised Term applicable to the Sixth Additional Space shall not commence on January 1, 1998, but shall, instead, commence on the date next following the date that the Present Occupant has vacated and surrendered the Sixth Additional Space to Owner and Owner has --- substantially completed the Sixth Additional Space Construction, (ii) the Demised Term shall end in accordance with the provisions of the Lease and this Agreement, unless sooner terminated pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, (iii) except as set forth in this sentence, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, (iv) Tenant waives any right under Section 223-a of the Real Property or any successor law of like import to rescind the Lease or this Agreement or rescind its obligations with respect thereto and (v) Tenant further waives the right to recover any damages which may result from the failure of Owner to deliver possession of the Sixth Additional Space to Tenant on January 1, 1998.

PRESENT OCCUPANT. Tenant acknowledges that Owner has advised ------ ---------------- advised Tenant that the Sixth Eighth Additional Space is presently affected by a letting agreement with Studio ArchetypeWarp 10 Technologies, Inc. (referred to as the "Present Occupant") for a term to expire on December 31April 30, 19971998, unless sooner terminated pursuant to any of the terms, covenants or conditions of the lease with the Present Occupant or pursuant to law. Notwithstanding anything to the contrary contained herein, if the Present Occupant does not vacate and surrender the Sixth Eighth Additional Space to Owner on or prior to December 31April 30, 19971998, then (i) the Demised Term applicable to the Sixth Eighth Additional Space shall not commence on January May 1, 1998, but shallbut, instead, shall commence on in accordance with paragraph (5) of the date next following the date that WHEREAS provisions hereof after the Present Occupant has vacated and surrendered ------- possession of the Sixth Eighth Additional Space to Owner and Owner has --- substantially completed the Sixth Additional Space ConstructionSpace, (ii) the Demised Term shall end in accordance with the provisions of the Lease and this Agreement, unless sooner terminated pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, (iii) except as set forth in this sentence, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, (iv) Tenant waives any right under Section 223-a of the Real Property or any successor law of like import to rescind the Lease or this Agreement or rescind its obligations with respect thereto and (v) Tenant further waives the right to recover any damages which may result from the failure of Owner to deliver possession of the Sixth Eighth Additional Space to Tenant on January May 1, 1998.

PRESENT OCCUPANT. Tenant acknowledges that Owner has advised ------ ---------------- Tenant that the Sixth Seventh Additional Space is presently affected by a letting agreement with Studio ArchetypeK2 Design, Inc. (referred to as the "Present Occupant") for a term to expire on December 31, 1997, unless sooner terminated pursuant to any of the terms, covenants or conditions of the lease with the Present Occupant or pursuant to law. Notwithstanding anything to the contrary contained herein, if the Present Occupant does not vacate and surrender the Sixth Seventh Additional Space to Owner on or prior to December 31, 1997, then (i) the Demised Term applicable to the Sixth Seventh Additional Space shall not commence on January 1, 1998, but shall, instead, commence on the date next following the date that the Present Occupant has vacated and surrendered the Sixth Seventh Additional Space to Owner and Owner has --- substantially completed the Sixth Additional Space ConstructionOwner, (ii) the Demised Term shall end in accordance with the provisions of the Lease and this Agreement, unless sooner terminated pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, (iii) except as set forth in this sentence, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, (iv) Tenant waives any right under Section 223-223- a of the Real Property or any successor law of like import to rescind the Lease or this Agreement or rescind its obligations with respect thereto and (v) Tenant further waives the right to recover any damages which may result from the failure of Owner to deliver possession of the Sixth Seventh Additional Space to Tenant on January 1, 1998.

PRESENT OCCUPANT. A. Tenant acknowledges that Owner has advised ------ ---------------- Tenant that the Sixth Additional Space is Demised Premises are presently affected by a letting agreement lease with Studio ArchetypeVilleroy & Boch Tableware, Inc. Ltd. (referred to as the "Present Occupant") for a term to expire on December 31November 30, 19971995, unless sooner terminated pursuant to any of the terms, covenants or conditions of the lease with the Present Occupant or pursuant to law. Notwithstanding anything to the contrary contained hereinin this Lease, if the Present Occupant does not vacate and surrender the Sixth Additional Space Demised Premises to Owner on or prior to December 31November 30, 19971995, then (i) the Demised Term applicable to the Sixth Additional Space shall not commence on January December 1, 19981995, but shall, instead, commence on the date next following the date that the Present Occupant has vacated and surrendered the Sixth Additional Space Demised Premises to Owner and Owner has --- substantially completed the Sixth Additional Space ConstructionOwner, (ii) the Demised Term shall nevertheless end in accordance with the provisions of the Lease and this Agreementon September 30, 2002, unless sooner terminated pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, (iii) except as set forth in this sentence, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, (iv) Tenant waives any right under Section 223-a of the Real Property Law or any successor law of like import to rescind the this Lease or this Agreement or rescind its obligations with respect thereto to the Lease and (v) Tenant further waives the right to recover any damages which may result from the failure of Owner to deliver possession of the Sixth Additional Space Demised Premises to Tenant on January December 1, 19981995.

PRESENT OCCUPANT. Supplementing the provisions of Sections 1.02 and 1.06 hereof, Tenant acknowledges that Owner has advised ------ ---------------- Tenant that the Sixth Additional Space is Demised Premises are presently affected by a letting agreement with Studio Archetype, Inc. Investec Ernst & Company (referred to as the "Present Occupant") for a term to expire on December 31, 1997, unless sooner terminated pursuant to any of the terms, covenants or conditions of the lease in accordance with the Present Occupant or pursuant to lawprovisions of said letting agreement. Notwithstanding anything to the contrary contained hereinin this Lease, if the Present Occupant does not vacate and surrender the Sixth Additional Space Demised Premises to Owner on or prior to December 31April 1, 1997, 2000 then (i) the Demised Term applicable to the Sixth Additional Space shall not commence on January April 1, 19982000, but shall, instead, commence on the date date, fixed by Owner in a notice to Tenant, not sooner than ten (10) business days next following the date that of the Present Occupant has vacated and surrendered the Sixth Additional Space to Owner and Owner has --- substantially completed the Sixth Additional Space Constructiongiving of such notice, (ii) the Demised Term shall end in accordance with on the date which is the last day of the calendar month ten (10) years and six (6) months next following the commencement date as determined pursuant to the provisions of the Lease and this Agreementsubdivision (i) above, unless sooner terminated pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, (iii) except as set forth in this sentence, neither the validity of this Lease nor the obligations of Tenant under this Lease shall be affected thereby, (iv) Tenant waives any right under Section 223-a of the Real Property Law or any successor law of like import to rescind the this Lease or this Agreement or rescind its obligations with respect thereto to the Lease and (v) Tenant further waives the right to recover any damages which may result from the failure of Owner to deliver possession of the Sixth Additional Space Demised Premises to Tenant on January April 1, 19982000. Notwithstanding the above, Tenant shall have the right to terminate this Lease if Owner has failed to deliver possession of the Demised Premises to Tenant by September 1, 2000 (subject to delays caused by Force Majeure).