Common use of Quarterly Availability Reports Clause in Contracts

Quarterly Availability Reports. Landlord shall advise Tenant in writing (each such writing, a “Quarterly Availability Report”) on or about February 10, May 10, August 10 and November 10 during each year of the Initial Term of this Lease of all space then available for leasing in the Properties and in all other properties then owned by Landlord and all other wholly-owned Affiliates of FSG (any such properties not owned by Landlord being hereinafter referred to as an “Affiliate Owned Property”). Each Quarterly Availability Report shall list (a) the location of the Property or Affiliate Owned Property at which the space is available, (b) the approximate Net Rentable Area of the available space at each property, (c) the anticipated date of availability and (d) the approximate base rent and estimated additional rent (and other charges) to be paid therefor. Landlord will use commercially reasonable efforts to provide accurate information in the Quarterly Availability Reports, but Tenant acknowledges and agrees that Landlord does not and shall not represent or warrant the accuracy or completeness of the information contained in such reports or that any space identified as available for leasing in a report shall be available if, as and when Tenant desires to lease such space. In no event shall Landlord have any liability to Tenant for any inaccurate or incomplete information set forth in a Quarterly Availability Report or shall any failure by Landlord to timely deliver a Quarterly Availability Report to Tenant constitute a Landlord Default under this Lease or provide Tenant with any right or remedy against Landlord or any other person other than an action to specifically enforce Landlord’s obligations under this Section 10.1.

Appears in 6 contracts

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.), Master Lease Agreement (Gramercy Capital Corp), Master Lease Agreement (Gramercy Capital Corp)

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Quarterly Availability Reports. Landlord shall advise Tenant in writing (each such writing, a “Quarterly Availability Report”) on or about February 10, May 10, August 10 and November 10 during each year of the Initial Term of this Lease of all space then available for leasing in the Properties and in all other properties then owned by Landlord and all other wholly-owned Affiliates of FSG (any such properties not owned by Landlord being hereinafter referred to as an “Affiliate Owned Property”). Each Quarterly Availability Report shall list (a) the location of the Property or Affiliate Owned Property at which the space is available, (b) the approximate Net Rentable Area of the available space at each property, (c) the anticipated date of availability and (d) the approximate base rent and estimated additional rent (and other charges) to be paid therefor. Landlord will use commercially reasonable efforts to provide accurate information in the Quarterly Availability Reports, but Tenant acknowledges and agrees that Landlord does not and shall not represent or warrant the accuracy or completeness of the ________________________________________________________________________________________________________________________ information contained in such reports or that any space identified as available for leasing in a report shall be available if, as and when Tenant desires to lease such space. In no event shall Landlord have any liability to Tenant for any inaccurate or incomplete information set forth in a Quarterly Availability Report or shall any failure by Landlord to timely deliver a Quarterly Availability Report to Tenant constitute a Landlord Default under this Lease or provide Tenant with any right or remedy against Landlord or any other person other than an action to specifically enforce Landlord’s obligations under this Section 10.1.

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

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