Common use of Term and Possession Clause in Contracts

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term of this Lease shall be for the period specified in the Basic Lease Information. The Term shall commence on the earlier of (i) the date that the Premises is delivered to Tenant free and clear of any third-party occupancy and (ii) the date that Tenant first commences normal business operation from the Premises (the “Commencement Date”). In the event of the inability of Landlord to deliver possession of the Premises for any reason whatsoever, including, without limitation, the vacating of the Premises by the prior tenant of the Premises, neither Landlord nor its agents shall be liable for any damage caused thereby, nor shall this Lease thereby become void or voidable, however, in such event Tenant shall not be liable for any rent until the actual occurrence of the Commencement Date. Notwithstanding the foregoing to the contrary, if, for any reason, Landlord has not delivered possession of the Premises to Tenant as described in clause (i) above as of January 1, 2020, Tenant, as Tenant’s sole remedy, will have the right to terminate this Lease by written notice delivered to Landlord at any time prior to Landlord’s delivery of possession of the Premises to Tenant; provided, however, that such January 1, 2020 date shall be extended so long as Landlord is using its good faith and diligent efforts to deliver possession of the Premises to Tenant (by unlawful detainer or otherwise). Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit B.

Term and Possession. (a) Subject to the terms hereof, the term of this Sublease ("Term") shall begin on May 1, 1999 (the "Commencement Date') and upon shall end on October 31, 2006 (the "Termination Date"), unless sooner terminated in accordance with the terms of this Sublease. 3Com shall deliver the Premises to Ariba on or before March 1, 1999, and Ariba shall be entitled to prepare the Premises for its possession thereof and to construct its improvements therein (subject to the terms hereof) during the period following said delivery until the Commencement Date (the "Early Occupancy Period"). Provided that Ariba does not commence using the Premises during the Early Occupancy Period for any of the purposes described in Paragraph 7 below, Ariba shall not be required to pay rent during the Early Occupancy Period, but Ariba shall be required to establish and pay for its own separate utility services to the Premises and all other terms and conditions set forth herein, the Term of this Lease Sublease shall be for the period specified in the Basic Lease Information. The Term shall commence on the earlier of (i) the date that the Premises is delivered to Tenant free and clear of any third-party occupancy and (ii) the date that Tenant first commences normal business operation from the Premises (the “Commencement Date”). In the event of the inability of Landlord to deliver possession of the Premises for any reason whatsoeverapplicable during such period, including, without limitation, the vacating insurance and indemnification provisions hereof. Ariba acknowledges that 3Com shall terminate all of its utility services to the Premises as of the date possession thereof is delivered to Ariba. If Ariba commences using the Premises by or any portion thereof for its business purposes permitted hereunder, then the prior tenant Early Occupancy Period shall terminate and the Term hereof and Ariba's obligation to pay Base Rent and Additional Rent hereunder shall commence as of the Premises, neither Landlord nor its agents shall be liable for any damage caused thereby, nor shall this Lease thereby become void or voidable, however, in such event Tenant shall not be liable for any rent until the actual occurrence of the Commencement Date. Notwithstanding the foregoing to the contrary, if, for any reason, Landlord has not delivered possession of date Ariba first uses the Premises to Tenant as described in clause (i) above as for its business purposes. If 3Com, despite its exercise of January 1commercially reasonable efforts, 2020, Tenant, as Tenant’s sole remedy, will have the right to terminate this Lease by written notice delivered to Landlord at any time prior to Landlord’s delivery of possession of the Premises to Tenant; provided, however, that such January 1, 2020 date shall be extended so long as Landlord is using its good faith and diligent efforts to cannot deliver possession of the Premises to Tenant (Ariba by unlawful detainer April 1, 1999, 3Com shall not be liable to Ariba for any loss or otherwise). Within thirty (30) days after damage resulting therefrom, but in such event Ariba shall be entitled to terminate this Sublease by delivering written notice to 3Com prior to the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and the expiration date on which possession of the term of the Lease, which shall be in the form attached hereto as Exhibit B.Premises has been delivered to Ariba.

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the The Term of this Lease shall be for the period specified in the Basic Lease Information, as that Term may be extended or terminated as provided herein. Landlord shall use its best reasonable efforts to deliver the Premises to Tenant on November 1, 1998. All permits required to construct the structural portions of the building shell and core have been obtained. The Term shall commence on the earlier of (i) the date that the Premises is delivered to Tenant free and clear of any third-party occupancy and (ii) the date that Tenant first commences normal business operation from the Premises (the “Commencement Date”)applications for tenant improvement permits have not yet been submitted. In the event of the inability of If Landlord to cannot deliver possession of the Premises for any reason whatsoeverby November 1, including1998, without limitationand such failure is not attributable to Landlord's gross negligence or willful misconduct, the vacating of the Premises by the prior tenant of the Premises, neither Landlord nor its agents shall be liable for any damage caused thereby, nor shall this Lease thereby become shall not be void or voidable, however, in such event nor shall Landlord or its agent be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for any rent until the actual occurrence Commencement Date (defined below) unless Tenant is responsible for a delay as provided in Exhibit B, Paragraph 14, in which case Tenant shall begin paying Rent as of the date that would have been the Commencement DateDate but for the Tenant Delay. Notwithstanding the foregoing to the contrary, if, for any reason, If Landlord has not delivered tenders possession of the Premises to Tenant as described in clause (i) above as of January prior to November 1, 20201998, Tenant, as Tenant’s sole remedy, will and the requirements for the Commencement Date have been met then the right to terminate Term of this Lease and Tenant's obligations hereunder shall commence on the date that Landlord delivers such possession, if Tenaxx xxxes possession. Any failure to deliver possession by written notice delivered to Landlord at any time prior to Landlord’s November 1, 1998 or delivery of possession of the Premises prior to Tenant; provided, however, that such January 1, 2020 date shall be extended so long as Landlord is using its good faith and diligent efforts to deliver possession of the Premises to Tenant (by unlawful detainer or otherwise). Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and shall not in any way affect the expiration date obligations of Tenant hereunder to lease the term of the Lease, which shall be in the form attached hereto as Exhibit B.Premises.

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term of this Lease shall be for the period specified in the Basic Lease Information. The Term shall commence on , commencing upon the earlier of the following dates (the "COMMENCEMENT DATE"): (i) the date that on which the Premises is delivered to Tenant free and clear of any third-party occupancy and are Substantially Complete (as defined below); or (ii) the date that Tenant first commences normal business operation from on which the Premises would have been Substantially Complete had there been no Tenant Delays (the “Commencement Date”). In the event of the inability of Landlord to deliver possession of the Premises for any reason whatsoever, including, without limitation, the vacating of the Premises by the prior tenant of the Premises, neither Landlord nor its agents shall be liable for any damage caused thereby, nor shall this Lease thereby become void or voidable, however, in such event Tenant shall not be liable for any rent until the actual occurrence of the Commencement Date. Notwithstanding the foregoing to the contrary, if, for any reason, Landlord has not delivered possession of the Premises to Tenant as described in clause (i) above as of January 1, 2020, Tenant, as Tenant’s sole remedy, will have the right to terminate this Lease by written notice delivered to Landlord at any time prior to Landlord’s delivery of possession of the Premises to Tenant; provided, however, that such January 1, 2020 date shall be extended so long as Landlord is using its good faith and diligent efforts to deliver possession of the Premises to Tenant (by unlawful detainer or otherwisedefined herein). Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”"FIRST AMENDMENT TO LEASE AND ACKNOWLEDGMENT") setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit B.C. For purposes of the foregoing, the Premises shall be deemed to be "SUBSTANTIALLY COMPLETE" when, following thirty (30) days prior written notice from Landlord to Tenant, Tenant is tendered direct access to the Premises with building services furnished to the Premises, a certificate of occupancy (temporary or final) has been issued by the appropriate governmental entity certifying that all government requirements necessary to permit Tenant's use and occupancy of the Premises for the Permitted Use have been met, and the identified construction to be provided by Landlord, as set forth in the Work Letter Agreement has been completed, with the exception of minor, insubstantial Punch List Items and the Premises are lawfully occupiable for the use hereunder. Landlord shall make all commercially reasonably efforts to Substantially Complete the Premises by the Completion Deadline as set forth in the Basic Lease Information, plus extensions thereto equal to the durations of (i) any delays beyond the reasonable control of Landlord, such as acts of God, fire, earthquake, acts of a public enemy, riot, insurrection, unavailability of materials, governmental restrictions on the sale of materials or supplies or on the transportation of such materials or supplies, strike or shortages directly affecting construction or transportation of materials or supplies, shortages of materials or labor resulting from government controls, weather conditions, or any other cause or events beyond the reasonable control of Landlord, other than financial inability (collectively, "FORCE MAJEURE EVENT"), or (ii) delays directly caused by the Tenant ("TENANT DELAYS"). The parties agree that if Landlord is unable to Substantially Complete the Premises by the Completion Deadline, plus any extension thereto pursuant to this Section, this Lease shall not be void or voidable, except as provided in this Section 4, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, except as provided in this Section 4, and the expiration date of the Term of this Lease shall be extended for such delay; but in such event, Tenant shall not be liable for any Rent until the Commencement Date.

Term and Possession. (a) Subject to and upon the terms and conditions set forth herein, the Term term of this Lease shall be for the period specified in the Basic Lease Information. The Term shall commence on , commencing upon the earlier of (i) the date that the Premises is delivered to Tenant free and clear of any third-party occupancy and (ii) the date that Tenant first commences normal business operation from the Premises following dates (the “Commencement Date”): (i) the date on which the Premises are Substantially Complete (as defined below). In ; or (ii) the event date upon which the Tenant takes possession of the inability of Premises in order to conduct its business operations therein, provided, however, and notwithstanding the foregoing, in no event shall the Commencement Date be later than the Scheduled Lease Commencement Date. Landlord to deliver shall give Tenant possession of the Premises for any reason whatsoeverthe purposes of Tenant installing the Tenant Improvements upon the date this Lease is fully executed, including, without limitation, the vacating provided that such possession does not unreasonably interfere with or delay completion of the Premises by the prior tenant of the Premises, neither Landlord nor its agents Base Building Work. Such early possession shall be liable for any damage caused therebyupon all the terms and conditions of this Lease, nor except that in no event shall this Lease thereby become void or voidable, however, in such event Tenant shall not be liable for any rent until the actual occurrence of the Commencement Date. Notwithstanding the foregoing required to the contrary, if, for any reason, Landlord has not delivered possession of the Premises to Tenant as described in clause (i) above as of January 1, 2020pay Base Rent, Tenant’s Proportionate Share of Excess Expenses (as defined in Section 7(a) below), as Tenant’s sole remedyor any costs for parking, will have the right to terminate this Lease by written notice delivered to Landlord at any time prior to Landlord’s delivery of hoists, freight elevators, utilities or temporary HVAC during such early possession of the Premises to Tenant; provided, however, that such January 1, 2020 date shall be extended so long as Landlord is using its good faith and diligent efforts to deliver possession of the Premises to Tenant (by unlawful detainer or otherwise)period. Within thirty (30) days after the Commencement Date, Landlord and Tenant shall execute an amendment to this Lease (“First Amendment to Lease and Acknowledgment”) setting forth the Commencement Date and the expiration date of the term of the Lease, which shall be in the form attached hereto as Exhibit B.C. For purposes of the foregoing, the Premises shall be deemed to be “Substantially Complete” when (i) a certificate of occupancy (temporary or final) for the Premises has been issued by the appropriate governmental entity, and (ii) the Base Building Work has been completed, with the exception of the Punch List Items.