Substitution Effective Date. If the Department approves the identity of a proposed Substitute pursuant to ARTICLE 5, the Substitute will execute a duly completed Substitute Accession Agreement substantially in the form set out in Annex 2 to this Agreement and submit it to the Department (with a copy of it to the other parties to this Agreement). Such assignment will become effective on and from the date on which the Department countersigns the Substitute Accession Agreement (the “Substitution Effective Date”).
Substitution Effective Date. If the Department approves (or is deemed to have approved) the identity of a proposed Substitute pursuant to Article 5, the Substitute will execute a duly completed Substitute Accession Agreement substantially in the form set out in Annex 2 to this Agreement and submit it to the Department (with a copy of it to the other parties to this Agreement). Such assignment will become effective on and from the date on which the Department countersigns the Substitute Accession Agreement or the date that is 10 days after the date the Department receives the completed Substitute Accession Agreement if the Department fails to countersign the Substitute Accession Agreement (the “Substitution Effective Date”).
Substitution Effective Date. A. The "Substitution Effective Date" shall be the later to occur of (i) May 10, 2002 (the "Target Substitution Effective Date"), and (ii) the date upon which the Landlord Work (as defined in the Work Letter attached as Exhibit B hereto) in the Substitution Space has been substantially completed; provided however, that if Landlord shall be delayed in substantially completing the Landlord Work in the Substitution Space as a result of the occurrence of a Tenant Delay (defined below), then, for purposes of determining the Substitution Effective Date, the date of substantial completion shall be deemed to be the day that said Landlord Work would have been substantially completed absent any such Tenant Delay(s). A "Tenant Delay" means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays substantial completion of the Landlord Work, including, without limitation, the following:
1. Tenant's failure to furnish information or approvals within any time period specified in the Lease or this Amendment, including the failure to prepare or approve preliminary or final plans by any applicable due date;
2. Tenant's selection of equipment or materials that have long lead times after first being informed by Landlord that the selection may result in a delay and that other reasonably comparable materials are available with shorter lead times;
3. Material changes requested or made by Tenant to previously approved plans and specifications;
4. The performance of work in the Substitution Space by Tenant or Tenant's contractor(s) during the performance of the Landlord Work;
5. If the performance of any portion of the Landlord Work depends on the prior or simultaneous performance of work by Tenant, a delay by Tenant or Tenant's contractor(s) in the completion of such work; or
6. Any delay as described in Paragraph 4 of the Work Letter attached hereto as Exhibit B. The Substitution Space shall be deemed to be substantially completed on the date that Landlord reasonably determines that all Landlord Work has been performed (or would have been performed absent any Tenant Delay[s], other than any details of construction, mechanical adjustment or any other matter, the nonperformance of which does not materially interfere with Tenant's use of the Substitution Space. The adjustment of the Substitution Effective Date and, accordingly, the postponement of Tenant's obligation to pay Rent on the Substitution Space shall be Tenant's sole remedy and sh...
Substitution Effective Date. As used herein, “Substitution Effective Date” means the earlier to occur of (i) the first business day on which Tenant conducts normal business operations in the Substitution Space, or (ii) the first business day after the Tenant Improvement Work (defined in Exhibit B attached hereto) is Substantially Complete (defined in Exhibit B attached hereto, Section 6.1 herein and inclusive of the cabling and finishes as provided for herein) and Tenant has been moved from the Existing Premises to the Substitution Space as provided below, which date is anticipated to be June 1, 2015 (the “Target Substitution Effective Date”). Landlord agrees to provide Tenant notice three weeks prior to the Substantial Completion of the Tenant Improvement Work to enable Tenant to prepare for and finalize its relocation plans. Landlord and Tenant shall work together in good faith to complete Tenant’s relocation into the Substitution Space in a timely and efficient manner, while minimizing the level of disruption to Tenant’s business in connection with such relocation. Without limitation, Landlord and Tenant shall coordinate Tenant’s relocation into the Substitution Space so that the move will occur over the first weekend following the Substantial Completion of the Tenant Improvement Work. The adjustment of the Substitution Effective Date and, accordingly, the postponement of Tenant’s obligation to pay rent for the Substitution Space shall be Tenant’s sole remedy if the Tenant Improvement Work is not Substantially Complete on the Target Substitution Effective Date. Without limiting the foregoing, during any period that the Substitution Effective Date is delayed, Tenant shall continue to pay rent for the Existing Premises in accordance with the terms of the Lease. If the Substitution Effective Date is delayed, the expiration date under the Lease shall not be similarly extended.
Substitution Effective Date. A. The Term for the Substitution Space shall commence on October 1, 2010 (the “Substitution Effective Date”). From and after the Reduction Effective Date and subject to Section IX below, the Substitution Space is subject to all the terms and conditions of the Lease except as expressly modified herein and except that Tenant shall not be entitled to receive any allowances, abatements or other financial concessions previously granted with respect to the Original Premises unless such concessions are expressly provided for herein with respect to the Substitution Space.
B. The Term of the Substitution Space (and thus the new “Termination Date” under the Lease) shall expire on February 28, 2021, unless sooner terminated in accordance with the Lease or extended as provided in Article 24 of the Lease.
C. As of the Substitution Effective Date, the Lease Years under the Lease shall be deemed reset, with the first Lease Year for the Substitution Space commencing on the Substitution Effective Date and ending on the last day of the 12th full calendar month thereafter.
Substitution Effective Date. A. The "Substitution Effective Date" shall be the date upon which the Landlord Work (as defined in the Work Letter attached as Exhibit B hereto) in the Substitution Space has been substantially completed, which is estimated to be August 15, 2002 (the "Target Substitution Effective Date"); provided however, that if Landlord shall be delayed in substantially completing the Landlord work in the Substitution Space as a result of the occurrence of a Tenant Delay (defined below), then, for purposes of determining the Substitution Effective Date, the date of substantial completion shall be deemed to be the day that said Landlord Work would have been substantially completed absent any such Tenant Delay(s). A "Tenant Delay" means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays substantial completion of the Landlord Work, including, without limitation, the following:
Substitution Effective Date. If the Enterprises approve (or, pursuant to Section 6.2(b), are deemed to approve) a proposed Substitute pursuant to Section 6, the Substitute shall execute a duly completed Substitute Accession Agreement substantially in the form set out in Exhibit B to this Agreement and submit it to the Enterprises (with a copy to the Colorado State Controller and the other parties to this Agreement). Such agreement shall become effective on and from the earlier of (a) the date on which the Colorado State Controller or its designee countersigns the Substitute Accession Agreement and (b) the date that is 10 Calendar Days after the date on which the Colorado State Controller receives the completed Substitute Accession Agreement from Developer (the “Substitution Effective Date”).
Substitution Effective Date. As used herein, "Substitution Effective Date" means the earlier to occur of (i) the first date on which Tenant conducts business in the Substitution Space, or (ii) the date on which the Tenant Improvement Work (defined in Exhibit B attached hereto) is Substantially Complete (defined in Exhibit B attached hereto), which is anticipated to be March 1, 2016 (the "Target Substitution Effective Date"). The adjustment of the Substitution Effective Date and, accordingly, the postponement of Tenant's obligation to pay rent for the Substitution Space shall be Tenant's sole remedy if the Tenant Improvement Work is not Substantially Complete on the Target Substitution Effective Date. Without limiting the foregoing, during any period that the Substitution Effective Date is delayed, Tenant shall continue to pay rent for the Existing Premises in accordance with the terms of the Lease. [If the Substitution Effective Date is delayed, the expiration date under the Lease shall not be similarly extended.
Substitution Effective Date. A. The “Substitution Effective Date” shall be the later to occur of (i) August 1, 2010 (the “Target Substitution Effective Date”), and (ii) the date upon which the Landlord Work (as defined in the Work Letter attached as Exhibit B hereto, and as shown on the Plans attached as Exhibit B-1 hereto) in the Substitution Space has been substantially completed; provided however, that if Landlord shall be delayed in substantially completing the Landlord work in the Substitution Space as a result of the occurrence of a Tenant Delay (defined below), then, for purposes of determining the Substitution Effective Date, the date of substantial completion shall be deemed to be the day that said Landlord Work would have been substantially completed absent any such Tenant Delay(s). A “Tenant Delay” means any act or omission of Tenant or its agents, employees, vendors or contractors that reasonably results in an actual delay to the substantial completion of the Landlord Work, including, without limitation, the following:
Substitution Effective Date. A. The “Substitution Effective Date” shall be the later to occur of (i) March 31, 2004 (the “Target Substitution Effective Date”), and (ii) the date upon which the Landlord Work (as defined in the Work Letter attached as Exhibit B hereto) in the Substitution Space has been substantially completed; provided however, that
