Term Delivery of Possession of Premises. a. The term of this Lease shall commence on the Commencement Date (as defined in Paragraph 2.b.) and, unless sooner terminated pursuant to the terms hereof or at law, shall expire on the Expiration Date (defined in Paragraph 2.b.). b. Landlord shall deliver possession of the Premises to Tenant as soon as reasonably possible following the date hereof. Except as expressly provided below, in the event of any delay in the delivery of the Premises to Tenant, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord has not delivered the Premises to Tenant for commencement of construction of the Tenant Improvements on or before June 1, 1999 (the "Outside Delivery Date") then Tenant may terminate this Lease by providing Landlord with written notice of such termination prior to the date that the Premises are delivered to Tenant for commencement of construction of the Tenant Improvements, but in no event later than five (5) business days following the Outside Delivery Date (as such date may have been extended pursuant to the following). The foregoing Outside Delivery Date shall be extended by the length of any delay in the delivery of the Premises to Tenant that is caused by strikes, lock-outs, labor disputes, fire or other casualty, acts of God, or any other cause beyond the reasonable control of Landlord; provided, however, that the Outside Delivery Date may not be extended solely as a result of Landlord's inability to recover possession of the Premises from the prior tenant of the Premises and/or remove such tenant's possessions from the Premises. Tenant's foregoing right to terminate this Lease shall be Tenant's sole remedy for Landlord's failure to deliver the Premises to Tenant by the Outside Delivery Date (as such date may have been extended pursuant to the terms hereof).
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Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Term Delivery of Possession of Premises. a. The term of this Lease shall commence on the Commencement Date (as defined in Paragraph 2.b.) and, unless sooner terminated pursuant to the terms hereof or at lawhereof, shall expire on the Expiration Date (defined in Paragraph 2.b.). The Commencement Date and the Rent Commencement Date shall be confirmed by the parties following the occurrence thereof.
b. Tenant acknowledges that the Premises are currently leased to another tenant of Landlord pursuant to a lease which is scheduled to expire on January 31, 1999. Possession of the Premises shall deliver be delivered to Shorenstein Construction Company, L.P. ("Shorenstein Construction"), for construction of the Tenant Improvements upon recovering legal possession thereof from the current tenant of the Premises (the "Existing Tenant"), and possession of the Premises for Tenant's occupancy shall be delivered to Tenant as soon as reasonably possible following upon Substantial Completion of the date hereofTenant Improvements. Except as expressly provided below, in If Substantial Completion of the event Tenant Improvements and/or delivery of any delay in the delivery possession of the Premises to Tenantis delayed for any reason whatsoever, this Lease shall not be void or voidable, nor shall any delay in delivery of possession of the Premises to Tenant operate to extend the term of this Lease or amend Tenant's obligations under this Lease; provided, however, that if (i) the Commencement Date does not occur on or before May 1, 1999, and (ii) the sole and exclusive reason for such delay is Landlord's inability to obtain possession of the Premises from the Existing Tenant, and (iii) the Tenant Improvements being constructed in the Premises do not vary materially from the improvements set forth in the layout plans submitted by Tenant's architect, Jxxx Xxxxxxxxxxx, AIA, via transmittal dated November 14, 1997, addressed to The Shorenstein Co., Attn: Kxxx Xxxxxxx, and consisting of the drawings enclosed with such transmittal, the cover sheet of which is labeled "SK-1", entitled "Proposed Office Layout for Norcal Waste Systems, Inc." and identified as Job No. 9712, dated October 10, 1997; then for each day during the period commencing on May 2, 1999, and ending on the Commencement Date (the "Credit Period"), Tenant shall receive a rent credit equal to the lesser of (I) the "Net Collected Holdover Rent" (as defined below), if any, for each such day during the Credit Period, or (II) the excess holdover rental, if any, paid by Tenant to the landlord of its current premises, over the rental that would have been payable by Tenant without increase or penalty on account of Tenant's holdover, for each such day during the Credit Period; provided, further, that Landlord shall use commercially reasonable and diligent efforts, including initiation of appropriate unlawful detainer proceedings, subject to the requirements of applicable law, to recover possession of the Premises from the Existing Tenant in the event the Existing Tenant shall wrongfully holdover beyond the expiration of its lease (such period commencing on the first day after such Existing Tenant's lease expiration, and continuing through the day Landlord recovers possession from the Existing Tenant, being termed herein the "Prohibited Holdover Period"). For the purposes of this paragraph, "Net Collected Holdover Rent" shall be the amount calculated as: 2
(A) the sum of: (1) the rental, if any, actually received by Landlord from the Existing Tenant with respect to the Prohibited Holdover Period, minus (2) the sum of: (x) the rental that would have been payable by the Existing Tenant for the number of days as to which the rental under the preceding clause (A)(1) was paid, calculated at the rental rate under the Existing Tenant's lease in effect immediately prior to the Prohibited Holdover Period, plus (y) the fees, expenses and costs incurred by Landlord in order to collect the rental under the preceding clause (A)(1) and/or recover possession of the Premises; divided by: (B) the number of days in the Prohibited Holdover Period as to which the rental under the preceding clause (A)(1) was paid. In no event shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord has not delivered the Premises to Tenant for commencement of construction delay in completion of the Tenant Improvements on caused or before June 1, 1999 (the "Outside Delivery Date") then Tenant may terminate this Lease by providing Landlord with written notice of such termination prior to the date that the Premises are delivered to Tenant for commencement of construction of the Tenant Improvements, but in no event later than five (5) business days following the Outside Delivery Date (as such date may have been extended pursuant to the following). The foregoing Outside Delivery Date shall be extended by the length of any delay in the delivery of the Premises to Tenant that is caused occasioned by strikes, lock-outslockout, labor disputes, shortages of material or labor, fire or other casualty, acts of God, God or any other cause beyond the reasonable control of Landlord.
c. If, at Tenant's request, Landlord permits Tenant to take occupancy of the Premises prior to the Commencement Date provided for in Paragraph 2.b. above, then notwithstanding the provisions of Paragraph 2.c. above, the Commencement Date and Rent Commencement Date shall be the date of such early occupancy by Tenant; provided, however, that the Outside Delivery Expiration Date may shall not be extended solely as a result of Landlord's inability to recover possession of the Premises from the prior tenant of the Premises and/or remove affected by such tenant's possessions from the Premises. Tenant's foregoing right to terminate this Lease shall be Tenant's sole remedy for Landlord's failure to deliver the Premises to Tenant by the Outside Delivery Date (as such date may have been extended pursuant to the terms hereof)early occupancy.
Appears in 1 contract
Term Delivery of Possession of Premises. a. The term of this Lease shall commence on the Commencement Date (as defined in Paragraph 2.b.) ), and, unless sooner terminated pursuant to the terms hereof or at law, shall expire on the Expiration Date (defined in Paragraph 2.b.). The Commencement Date, Added Premises Commencement Date and Expiration Date shall be confirmed by the parties in writing following the determination thereof.
b. The Initial Premises shall be delivered to Tenant upon Substantial Completion (as that term is defined in Paragraph 4.c.) of the Tenant Improvements (as that term is defined in Paragraph 4.a.) to be constructed in such portion of the Premises by Landlord shall deliver pursuant to Paragraph 4. If Substantial Completion of the Tenant Improvements for the Initial Premises or the Added Premises and delivery of possession of the Initial Premises to Tenant as soon as reasonably possible following the date hereof. Except as expressly provided below, in the event of or Added Premises is delayed for any delay in the delivery of the Premises to Tenantreason whatsoever, this Lease shall not be void or voidable, nor shall any delay in delivery of possession of the Initial Premises or the Added Premises to Tenant shall operate to extend the term of this Lease or amend Tenant's obligations under this Lease; provided, however, that Landlord shall use commercially reasonable and diligent efforts, including initiation of appropriate unlawful detainer proceedings, subject to the requirements of applicable law, to recover possession of the Premises from the existing tenant(s) therein in the event any existing tenant of the Premises shall wrongfully holdover therein beyond the expiration of its lease. In no event shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if Landlord has not delivered the Premises to Tenant for commencement of construction delay in completion of the Tenant Improvements on caused or before June 1, 1999 (the "Outside Delivery Date") then Tenant may terminate this Lease by providing Landlord with written notice of such termination prior to the date that the Premises are delivered to Tenant for commencement of construction of the Tenant Improvements, but in no event later than five (5) business days following the Outside Delivery Date (as such date may have been extended pursuant to the following). The foregoing Outside Delivery Date shall be extended by the length of any delay in the delivery of the Premises to Tenant that is caused occasioned by strikes, lock-outslockout, labor disputes, shortages of material or labor, fire or other casualty, acts of God, God or any other cause beyond cause.
c. If, at Tenant's request, Landlord permits Tenant to take occupancy of any portion of the reasonable control Premises prior to Substantial Completion of Landlordthe Tenant Improvements for such portion of the Premises, then the Commencement Date or Added Premises Commencement Date, as the case may be, shall be the date of such early occupancy by Tenant; provided, however, that the Outside Delivery Expiration Date may shall not be extended solely as a result of Landlord's inability to recover possession of the Premises from the prior tenant of the Premises and/or remove affected by such tenant's possessions from the Premises. Tenant's foregoing right to terminate this Lease shall be Tenant's sole remedy for Landlord's failure to deliver the Premises to Tenant by the Outside Delivery Date (as such date may have been extended pursuant to the terms hereof)early occupancy.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Term Delivery of Possession of Premises. a. The term of this Lease shall commence on the Commencement Date (as defined in Paragraph 2.b.) and, unless sooner terminated pursuant to the terms hereof or at law, shall expire on the Expiration Date (as defined in Paragraph 2.b.). Upon either party's request after the Commencement Date, Landlord and Tenant shall execute a letter in substantially the form of Exhibit C attached hereto confirming the Commencement Date.
b. Landlord shall deliver possession of the Premises to Tenant as soon as reasonably possible following in their as-is condition, upon the date hereofexecution and delivery of this Lease by and between the parties. Except as expressly provided below, in In the event of any delay in the delivery of the Premises to TenantTenant in their as-is condition caused or occasioned by fire or other casualty, acts of God or any other cause beyond the reasonable control of Landlord ("Force Majeure"), this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the foregoing, if but Landlord has not delivered shall use reasonable efforts to deliver the Premises to Tenant for commencement of construction as soon as reasonably possible after the execution and delivery of the Tenant Improvements Lease by and between the parties. Promptly following the Commencement Date, Landlord shall cause Landlord's designated contractor to commence the Ground Floor Demising Work (as defined in Paragraph 4.a. below). If the Ground Floor Demising Work is not completed on or before June 1, 1999 the date (the "Outside Delivery Completion Date") then Tenant may terminate this Lease by providing Landlord with written notice of such termination prior to the date that the Premises are delivered to Tenant for commencement of construction of the Tenant Improvements, but in no event later than five is one hundred twenty (5120) business days following the Outside Delivery Commencement Date (as such date may have been extended pursuant to provided, however, that the following). The foregoing Outside Delivery Completion Date shall be extended by the length of any delay in the delivery completion of the Premises to Ground Floor Demising Work caused or occasioned by Force Majeure and/or by a Tenant that is caused by strikesDelay, lock-outsas defined in Paragraph 4.c. below), labor disputes, fire or other casualty, acts of God, or any other cause beyond the reasonable control of Landlord; provided, however, that the Outside Delivery Date may not be extended solely as a result of Landlord's inability to recover possession of the Premises from the prior tenant of the Premises and/or remove such tenant's possessions from the Premises. Tenant's foregoing right to terminate this Lease shall not be Tenant's sole remedy for Landlord's failure to deliver void or voidable (except as otherwise provided in the Premises immediately following grammatical paragraph), nor shall Landlord be liable to Tenant by for any loss or damage resulting therefrom, but (i) Landlord shall use commercially reasonable efforts to complete the Ground Floor Demising Work as soon as reasonably possible after the Outside Delivery Completion Date (as such date the same may have been extended pursuant to the terms hereofforegoing) and (ii) at such time as Tenant is otherwise obligated to commence payment of Monthly Rent for the Premises, the Monthly Rent for the entire Premises shall be abated one (1) day for each day beyond the Outside Completion Date (as the same may have been extended pursuant to the above) that the Ground Floor Demising Work was not completed. Notwithstanding the foregoing, if the Ground Floor Demising Work is not completed on or before the date (the "Termination Trigger Date") that is one hundred fifty (150) days following the Commencement Date (provided, however, that the Termination Trigger Date shall be extended by the length of any delay in the completion of the Ground Floor Demising Work caused or occasioned by Force Majeure and/or by a Tenant Delay) then Tenant may deliver written notice to Landlord (the "Termination Notice"), within three (3) business days after the Termination Trigger Date, electing to terminate this Lease effective on the date (the "Termination Date") which is thirty (30) days after the delivery to Landlord of the Termination Notice. Notwithstanding the foregoing, if Tenant delivers a Termination Notice, but Landlord completes the Ground Floor Demising Work within the thirty (30) day period following the delivery to Landlord of the Termination Notice, then the Termination Notice shall be of no force or effect. However, if Landlord does not complete the Ground Floor Demising Work within the thirty (30) day period, then this Lease shall terminate at the end of the thirty (30) day period. Tenant's foregoing rent credit and termination rights are Tenant's sole remedy in the event of delays in the completion of the Ground Floor Demising Work.
c. Tenant may, concurrently with the performance by Landlord's contractor of the Ground Floor Demising Work, commence construction within the Ground Floor Premises of the portion of the Initial Alterations (as defined in Paragraph 4.a. below) consisting of the construction of a computer data center within the Ground Floor Premises (the "Data Center Construction"), provided that such construction by Tenant does not interfere with the performance by Landlord's contractor of the Ground Floor Demising Work. Any interference in the performance and/or completion by Landlord's contractor of the Ground Floor Demising Work caused by Tenant's performance of the Data Center Construction, or any other delay in the completion of the Ground Floor Demising Work caused by Tenant or its employees or agents, shall constitute a "Tenant Delay."
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Term Delivery of Possession of Premises. a. The term of this Lease shall commence on the Commencement Date (as defined provided in Paragraph 2.b.) , and, unless sooner terminated pursuant to the terms hereof or at law, shall expire on the Expiration Date (defined in Paragraph 2.b.). Upon either party's request after the Commencement Date shall have occurred hereunder, the parties shall execute a written confirmation of the Commencement Date and the Expiration Date.
b. Landlord shall act diligently and in good faith to deliver the Premises to Tenant on the Scheduled Commencement Date. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant as soon as reasonably possible following on the date hereof. Except as expressly provided below, in the event of any delay in the delivery of the Premises to TenantScheduled Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding , nor shall the foregoingsame amend Tenant's obligations under this Lease; provided, if however, that in the event that Landlord has does not delivered deliver the Premises to Tenant for commencement of construction of the Tenant Improvements on or before June 1, 1999 (the "Outside Delivery Date") then Tenant may terminate this Lease by providing Landlord with written notice of such termination prior to the date that is one-hundred twenty (120) days after the Premises are delivered to Tenant for commencement of construction of the Tenant ImprovementsScheduled Commencement Date, but in no event later than five (5) business days following the Outside Delivery Date (as such date may have been extended pursuant to the following). The foregoing Outside Delivery Date shall be extended by the length of any delay in the delivery of the Premises to Tenant that is for delays caused by Force Majeure (such date, as so extended, the "Trigger Date"), then Tenant shall have the right to terminate this Lease by notice to Landlord given, if at all, within ten (10) days after the Trigger Date. For purposes of this Lease, "Force Majeure" shall mean strikes, lock-outs, labor disputes, fire shortages of material or labor, fire, earthquake, flood or other casualty, acts of God, God or any other cause (other than financial inability) beyond the reasonable control of Landlord; provided, however, except that the Outside Delivery Date may not be extended solely as for purposes of this Paragraph 3.b. a result of Landlord's inability to recover possession holdover of the Premises from the prior by any tenant of the Premises and/or remove such tenant's possessions from the Premises. Tenant's foregoing right to terminate this Lease or other occupant shall not be Tenant's sole remedy for Landlord's failure to deliver the Premises to Tenant by the Outside Delivery Date (as such date may have been extended pursuant to the terms hereof)considered Force Majeure.
Appears in 1 contract
