TERM; POSSESSION. The Term of this Lease shall commence on the Commencement Date and shall end on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
TERM; POSSESSION. The Term term of this Lease (the “Term”) shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date, unless extended or sooner terminated in accordance with this Lease”). If The “Commencement Date” shall be the earlier of (a) the date on which Landlord is delayed in delivering tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay“Scheduled Commencement Date”). Subject to this Section 4Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any loss other claims, damages or damage to Tenant resulting from any delay in delivering possession due to liabilities if the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements Premises are not Substantially Completed within one hundred (100) days following ready for occupancy by the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Scheduled Commencement Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if When the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that been established, Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then and Tenant shall have at the right to terminate this Lease by written notice to Landlord, as Tenant’s sole request of either party confirm the Commencement Date and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, Expiration Date in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenantwriting.
Appears in 2 contracts
Samples: Lease Agreement (BioElectronics Corp), Lease Agreement (BioElectronics Corp)
TERM; POSSESSION. The Term of this Lease shall commence on the Commencement Date and ---------------- shall end expire, if not sooner terminated pursuant to the provisions of this Lease, on the Expiration Date. On the Commencement Date, unless extended the Premises and Equipment Space are accepted by Tenant in "as is" condition and configuration (subject to the completion of the Landlord Work). By taking possession of the Premises and Equipment Space, Tenant agrees that the Premises and Equipment Space are in good order and satisfactory condition, and that there are no representations or sooner terminated in accordance with this Leasewarranties by Landlord regarding the condition of the Premises, Equipment Space or the Building except as may be expressly set forth herein. If Landlord is delayed in delivering possession of all the Premises and Equipment Space or any portion other space, Landlord shall use reasonable efforts to obtain possession of the space, but no such delay shall nullify this Lease or give rise to any claim for damages on the part of Tenant. If Tenant takes possession of the Premises or Equipment Space before the Commencement Date, such possession shall be subject to the terms and conditions of this Lease except that, prior to the Rent Commencement Date, Tenant will not be required to pay Rent hereunder. Notwithstanding the foregoing, if the Commencement Date does not occur by the date that is one hundred fifty (150) days following the mutual execution and delivery of this Lease (the "Outside Delivery Date"), Tenant, as its sole remedy, may terminate this Lease by giving Landlord written notice of termination after the Outside Delivery Date. In such event, and subject to the provisions set forth below in this Article 3, this Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid Rent and Security Deposit previously advanced by Tenant under this Lease and the parties hereto shall have no further responsibilities or obligations to each other with respect to this Lease. Landlord and Tenant acknowledge and agree that the Outside Delivery Date shall be postponed by the number of days the Commencement Date is delayed due to events of Force Majeure (as defined herein). Notwithstanding the foregoing to the contrary, if Tenant exercises its right to terminate this Lease as set forth above but Landlord delivers the Premises to Tenant in the condition required by this Lease within thirty (30) days after the date of Tenant's delivery of Tenant's termination notice, this Lease shall continue in full force and effect the same as if Tenant had not delivered its termination notice, and Tenant's termination notice will be null and void. Tenant's right to terminate as described herein shall be null and void as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
TERM; POSSESSION. The Term term of this Lease (the “Term”) shall commence on the Commencement Date and set forth in the Basic Lease Information (the “Commencement Date”) and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The Term of this Lease for the Additional Premises shall commence on the Additional Premises Commencement Date set forth in the Basic Lease Information (the “Additional Premises Commencement Date”) and, unless sooner terminated, shall expire on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant as of From and after the Commencement Date, Tenant will take possession on shall comply with all the terms and provisions of this Lease, except for the obligation to pay Base Rent prior to the date Landlord delivers possession, which date will then become such obligation commences under the terms of this Lease. During any period that Tenant shall be permitted to enter the Premises prior to the Commencement Date for any reason (including, without limitation, for purposes of constructing any improvements in accordance with the Construction Rider), Tenant shall comply with and be bound by all the terms and provisions of this Lease, except those provisions requiring the payment of Base Rent. Tenant shall provide to Landlord all insurance certificates required of Tenant under this Lease prior to Tenant entering into the Premises. At any time during the Term, Landlord may complete and deliver to Tenant a document evidencing the dates of the beginning and end of the Term, and the Commencement Date for the Initial Premises and the Additional Premises Commencement Date for the Additional Premises, and the Expiration Date will Date, which document shall be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, deemed conclusive unless Tenant shall notify Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed disagreement therewith within one hundred ten (10010) days following the date that Landlord receives a building permit of receipt. Tenant shall make commercially reasonably, good-faith efforts to commence the obtain all governmental approvals (“Government Use Approval”) required for Tenant Improvements to conduct its intended medical uses in the Premises (from all governmental entities with jurisdiction, by the “Delivery Date”)estimated delivery date for the Initial Premises. Tenant shall provide Landlord with a copy of all correspondence received from applicable governmental entities regarding the Government Use Approval, subject Tenant shall retain a permit consultant to xxxxx the necessary applications through the approval process, Tenant Delay or force majeure (in shall provide Landlord with a copy of all applications submitted by Tenant, and, if necessary to obtain the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal required Government Use Approval prior to the holdover portion estimated delivery date for the Initial Premises, Tenant shall pay the premiums established by the applicable governmental entities that allow approval of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by permit applications on an expedited basis. Tenant following shall provide Landlord with a copy of the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per monthapproved permit immediately upon receipt from the applicable governmental entity. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred If on or before one hundred ninety June 1, 2006 (190“Tenant’s Use Approval Deadline “) days following Tenant does not give Landlord written notice that Tenant has obtained the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeureGovernment Use Approval, then Tenant Landlord shall have the right to terminate this Lease by written notice to Tenant given within ten (10) Business Days following Tenant’s Use Approval Deadline. If either (a) Landlord terminates this Lease because Tenant has not obtained the Government Use Approval on or before Tenant’s Use Approval Deadline, or (b) Tenant terminates this Lease because Landlord has failed to deliver possession of the Initial Premises and the Additional Premises to Tenant by the Termination Deadline, then promptly after either such termination Landlord shall return to Tenant all sums paid by Tenant to Landlord, as including the Security Deposit, the Letter of Credit, and the construction management fee, if previously paid by Tenant to Landlord. In addition, if Tenant terminates this Lease because Landlord has failed to deliver possession of the Initial Premises and the Additional Premises to Tenant by the Termination Deadline, then in Landlord shall pay one half (1/2) of Tenant’s sole out of pocket fees and exclusive remedy with respect charges that Tenant has paid to such delay, except the Space Planner (as provided above, subject defined in Exhibit B attached to Tenant giving Landlord this Lease) within thirty (30) days’ advance written notice days after Tenant delivers to Landlord copies of its intention to terminate this Lease if Substantial Completion shall not occur within the invoices from the Space Planner for such thirty (30) day periodfees and charges, showing in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenantdetail the dates and the explanation associated therewith for such fees and charges.
Appears in 1 contract
TERM; POSSESSION. The Term term of this Lease ("Lease Term") shall be approximately seventy-two (72) months commencing on the eighty-fourth (84th) calendar day after the issuance of a building permit for the Tenant Improvements (the "Target Commencement Date"), subject to the provisions of this Paragraph 2, and of Paragraph 27, and ending on the last day of the seventy-second (72nd) calendar month thereafter, unless sooner terminated or extended as herein provided. Notwithstanding the Target Commencement Date, the Lease Term will commence on the Commencement Date tenth (10th) business day after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued for the Tenant Improvements (as defined in Paragraph 27) by the appropriate governmental agency, at which time the Premises will be deemed "ready for occupancy. The certificate of occupancy (or equivalent governmental approval of completion) may contain stipulations and shall end on conditions to be fulfilled by Landlord so long as it permits Tenant to take possession of the Expiration Date, unless extended or sooner terminated in accordance with Premises and to use the Premises for the purposes contemplated by this Lease. If Landlord is delayed in delivering Tenant shall take possession of all the Premises no later than thirty (30) business days after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued. The Premises shall be considered "ready for occupancy" notwithstanding that punchlist items of a minor nature not interfering with Tenant's intended beneficial use of the Premises exist. Landlord agrees to complete the punchlist items to Tenant's reasonable satisfaction at Landlord's sole expense within a period of time that is reasonable under the circumstances following the commencement date of the Lease Term. Landlord and Tenant shall execute a written statement specifying (a) the commencement date of the Lease Term and (b) the termination date of the Lease Term prior to Tenant's taking possession of the Premises. If the Premises are not ready for occupancy by the Tenant on the Target Commencement Date for any portion reason other than Tenant's default under this Lease, Landlord shall continue to use due diligence to complete construction and to deliver possession of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything any provision in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.:
Appears in 1 contract
Samples: Lease Agreement (Earthlink Inc)
TERM; POSSESSION. The Term term of this Lease (the “Term”) shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date, unless extended or sooner terminated in accordance with this Lease”). If The “Commencement Date” shall be the date on which Landlord is delayed in delivering tenders possession of all or any portion of the Premises to Tenant, with all of Landlord’s construction obligations “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as of defined in the Commencement DateConstruction Rider, Tenant will take possession on the date on which Landlord delivers possession, which date will then become could have done so had there been no such Tenant Delay. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so “Scheduled Commencement Date”); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage to liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date, except as specifically set forth herein. When the Commencement Date has been established, Landlord and Tenant resulting from any delay shall at the request of either party confirm the Commencement Date and Expiration Date in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable controlwriting. In the event Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before July 1, 2010, subject to force majeure delays (described in Section 26) and Tenant Delays (defined in Exhibit B), then Tenant as its sole and exclusive remedy shall be entitled to an abatement of one day of Base Rent for each day after July 1, 2010 that the Tenant Improvements are have not been Substantially Completed within one hundred (100) days following Completed. Such day-for-day Base Rent abatement shall commence to apply upon the date Commencement Date of the Lease and shall continue until applied in full, provided, however, that it is the intent of the parties that this day-for-day rent abatement be applied consecutively, not concurrently, with any other rent abatement or credit which may be then-applicable. In the event Landlord receives a building permit fails to commence deliver possession of the Premises to Tenant with the Tenant Improvements in the Premises (the “Delivery Date”)Substantially Completed on or before September 1, 2010, subject to Tenant Delay or force majeure delays (described in Section 26) and Tenant Delays (defined in Exhibit B), then Tenant as its sole and exclusive remedy shall have the right to terminate this Lease by providing Landlord with ten (10) days’ prior written notice thereof, but in any event of either, given before Landlord has Substantially Completed the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure)Improvements. Other than as aforesaid, Landlord shall credit have no liability to Tenant against Minimum Annual Rent due under this Lease an amount equal for failure to deliver possession of the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Premises to Tenant following the Delivery Datewith Tenant Improvements Substantially Completed on or before June 1, which Tenant represents to Landlord is equal to $17,031.13 per month2010. Notwithstanding anything in this Lease to the contrary, if this Lease is not fully executed by the Commencement Date has not occurred on or before one hundred ninety parties by March 5, 2010, including without limitation, approval and signature by Landlord, Tenant and Xxxxx Fargo Bank, National Association (190) days following “Xxxxx Fargo”), of the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeureNDESA attached hereto as Exhibit F, then Tenant each of the above described deadlines in this subparagraph shall have be extended one day for each day after March 5, 2010 until the right to terminate this Lease is fully executed by written notice to the parties and the NDESA is fully executed by Landlord, as Tenant’s sole Tenant and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to TenantXxxxx Fargo.
Appears in 1 contract
Samples: Lease Agreement (Mocon Inc)
TERM; POSSESSION. The Term term of this Lease (the "TERM") shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date, unless extended or sooner terminated Date set forth in accordance with this Leasethe Basic Lease Information (the "EXPIRATION DATE"). If The "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord is delayed in delivering tenders possession of the Premises to Tenant, with all of Landlord's construction obligations, if any, "SUBSTANTIALLY COMPLETED" as provided in the Construction Rider attached as Exhibit B (the "CONSTRUCTION RIDER"), or, in the event of any "TENANT DELAY," as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord's written permission, actually occupies and conducts business in any portion of the Premises to Tenant as of the Commencement DatePremises; provided, Tenant will take possession on the date Landlord delivers possessionhowever, which date will then become that in no event shall the Commencement Date occur any earlier than the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay"SCHEDULED COMMENCEMENT DATE"). Subject to this Section 4Landlord, Landlord however, shall not be liable for any loss claims, damages or damage liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. Tenant understands and agrees that a substantial portion of the Premises are currently occupied by another tenant (the "EXISTING TENANT"). Landlord agrees to use its good faith efforts to regain possession of such portion of the Premises from the Existing Tenant, and deliver possession of the Premises to Tenant resulting from any delay in delivering possession due to on or before the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Scheduled Commencement Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease any provision contained herein to the contrary, if Landlord shall not be obligated to pay any consideration to the Commencement Date has not occurred Existing Tenant in order to gain possession of the Premises. If, despite Landlord's good faith efforts, Landlord is unable to deliver possession of the Premises to Tenant on or before one hundred ninety (190) days following the date that March 1, 1999, Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall each have the right to terminate this Lease by providing written notice of termination to Landlordthe other, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord within thirty (30) days’ advance written notice days after such date, and this Lease shall be of its intention no further force and effect. Such right of termination shall constitute Tenant's sole remedy for Landlord's failure to deliver possession of the Premises to Tenant. Notwithstanding the foregoing, if Landlord tenders possession of the Premises to Tenant, and Tenant accepts possession thereof, after March 1, 1999, then the right of Landlord and Tenant to terminate this Lease if Substantial Completion pursuant to this paragraph shall not occur within such thirty (30) day periodbecome void. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenantwriting.
Appears in 1 contract
Samples: Part of Lease Agreement (Imall Inc)
TERM; POSSESSION. The Term term of this Lease (the "TERM") shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date, unless extended or sooner terminated Date set forth in accordance with this Leasethe Basic Lease Information (the "EXPIRATION DATE"). If The "COMMENCEMENT DATE" shall be the earlier of (a) the date on which Landlord is delayed in delivering tenders possession of the Premises to Tenant, with all of Landlord's construction obligations, if any, "SUBSTANTIALLY COMPLETED" as provided in the Construction Rider attached as EXHIBIT B (the "CONSTRUCTION RIDER") or, in the event of any "TENANT DELAY," as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord's written permission, actually occupies and conducts business in any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so "SCHEDULED COMMENCEMENT DATE"); PROVIDED, HOWEVER, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage to Tenant resulting from any delay in delivering possession due to liabilities if the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements Premises are not Substantially Completed within one hundred (100) days following ready for occupancy by the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Scheduled Commencement Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if When the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that been established, Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then and Tenant shall have at the right to terminate this Lease by written notice to Landlord, as Tenant’s sole request of either party confirm the Commencement Date and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, Expiration Date in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenantwriting.
Appears in 1 contract
TERM; POSSESSION. The term of this Lease (the "Term") for the Existing Premises and the Termination Premises shall commence on November 15, 1998 and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the "Expiration Date"). The Term of this Lease for the First Expansion Premises shall commence on the Commencement Date and shall end on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the ("First Expansion Premises to Tenant as of the Commencement Date, Tenant will take possession ") on the date Landlord delivers possession, which date will then become possession of the First Expansion Premises to Tenant. The parties anticipate that the First Expansion Premises Commencement Date will occur on or about the Scheduled First Expansion Premises Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so "Scheduled First Expansion Premises Commencement Date"); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage to Tenant resulting from any delay in delivering possession due to liabilities if the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements First Expansion Premises are not Substantially Completed within one hundred ready for occupancy by the Scheduled First Expansion Premises Commencement Date. When the First Expansion Premises Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the First Expansion Premises Commencement Date in writing. Tenant's obligation to pay Base Rent and Additional Rent for the First Expansion Premises shall commence (100"First Expansion Premises Rent Commencement Date") days following on the date that is forty-five (45) days after the First Expansion Premises Commencement Date. Tenant's obligation to pay Base Rent and Additional Rent for the First Expansion Premises shall not commence until the First Expansion Premises Rent Commencement Date. The Term of this Lease for the Second Expansion Premises shall commence ("Second Expansion Premises Commencement Date") on the date Landlord receives a building permit delivers possession of the Second Expansion Premises to commence Tenant. The parties anticipate that the Tenant Improvements Second Expansion Premises Commencement Date will occur on or about the Scheduled Second Expansion Premises Commencement Date set forth in the Premises Basic Lease Information (the “Delivery "Scheduled Second Expansion Premises Commencement Date”"); provided, subject to Tenant Delay or force majeure (in the event of eitherhowever, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), that Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Datenot be liable for any claims, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, damages or liabilities if the Second Expansion Premises are not ready for occupancy by the Scheduled Second Expansion Premises Commencement Date. When the Second Expansion Premises Commencement Date has not occurred been established, Landlord and Tenant shall at the request of either party confirm the Second Expansion Premises Commencement Date and Expiration Date in writing. Tenant's obligation to pay Base Rent and Additional Rent for the Second Expansion Premises shall commence ("Second Expansion Premises Rent Commencement Date") on or before one hundred ninety the date which is forty-five (19045) days following after the date that Landlord receives a building permit Second Expansion Premises Commencement Date. Tenant's obligation to pay Base Rent and Additional Rent for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant Second Expansion Premises shall have not commence until the right to terminate this Second Expansion Premises Rent Commencement Date. The Term of the Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to the Termination Premises shall terminate ("Termination Premises Termination Date") on January 31,1999, and with respect to the Termination Premises Tenant shall remain liable for those obligations accruing through the later of (a) the Termination Premises Termination Date, or (b) the date Tenant actually vacates the Termination Premises. Any entry by Tenant into any portion of the Premises prior to the applicable Commencement Date for such delayportion of the Premises shall be subject to all of the terms and conditions of this Lease, except as provided above, subject to that Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty be obligated to pay Base Rent or Additional Rent for (30a) day periodthe First Expansion Premises prior to the First Expansion Premises Rent Commencement Date, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned (b) the Second Expansion Premises prior to Tenantthe Second Expansion Premises Rent Commencement Date.
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TERM; POSSESSION. The Term term of this Lease (the "TERM") shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration DateDate set forth in the Basic Lease Information (the "EXPIRATION DATE"). The "COMMENCEMENT DATE" shall be (a) the date on which Landlord has "substantially completed" Landlord's construction obligations, unless extended or sooner terminated if any, with respect to the improvements (the "TENANT IMPROVEMENTS") to be constructed and installed in accordance with this Lease. If the Premises by Landlord is delayed (or, in delivering the event of any "TENANT DELAY," the date on which Landlord could have done so had there been no such "TENANT DELAY"), all as provided in the Construction Rider attached as Exhibit B (the "CONSTRUCTION RIDER"), and tendered possession of all the Premises to Tenant; or (b) any earlier date upon which Tenant, with Landlord's written permission (which shall not be unreasonably withheld) actually occupies and conducts business in any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay"SCHEDULED COMMENCEMENT DATE"). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if When the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that been established, Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then and Tenant shall have confirm the right to terminate Commencement Date and Expiration Date in writing. As used in this Lease, the first "Lease by written notice to Landlord, as Tenant’s sole Year" shall be the period from (and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty including) the Commencement Date through (30and including) days’ advance written notice the last day of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, the calendar month in which event all amounts prepaid or deposited by Tenant hereunder the first anniversary of the Commencement Date falls, and each period of twelve full consecutive calendar months thereafter shall be promptly returned to Tenanta subsequent Lease Year.
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TERM; POSSESSION. The Term term of this Lease (the “Term”) shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date, unless extended or sooner terminated in accordance with this Lease”). If The “Commencement Date” shall be the earlier of (a) thirty (30) days after the date on which Landlord is delayed in delivering tenders possession of all or any portion of the Premises to Tenant as by written notice (after the Existing Tenant has vacated the Premises upon complete execution of a termination agreement with the Existing Tenant pursuant to the provisions of the Commencement Date, Tenant will take possession on next succeeding paragraph); or (b) the date Landlord delivers possessionupon which Tenant, which date will then become with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so “Scheduled Commencement Date”); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Tenant understands and agrees that the Premises are currently leased by another tenant (the “Existing Tenant”). Landlord agrees to use its good faith efforts to negotiate a termination of lease with the Existing Tenant and to regain possession of the Premises from the Existing Tenant by June 22, 1998, and deliver possession of the Premises to Tenant resulting from on July 15, 1998. Notwithstanding any delay in delivering possession due provision contained herein to the holdover contrary, Landlord shall not be obligated to pay any consideration to the Existing Tenant in order to gain possession of any existing tenant the Premises. After Landlord and Tenant have completely executed this Lease, then upon the later of (a) the complete execution of a lease termination agreement by Landlord and the Existing Tenant, or other circumstances outside (b) June 15, 1998, Tenant shall have access to the Premises for inspection of Landlord’s reasonable control. In the event Premises, subject to the terms of this Lease, including Tenant delivering to Landlord evidence of insurance required under this Lease, except that the Tenant Improvements are shall not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit be permitted to commence the construction of Tenant Improvements in the Premises (prior to the “Delivery Commencement Date”). Notwithstanding the foregoing, subject if Landlord has not delivered possession of the Premises to Tenant Delay or force majeure (in the event of eitherby October 14, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure)1998, Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as and upon any such termination by Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject Landlord promptly shall return to Tenant giving (i) all sums paid by Tenant to Landlord thirty (30) days’ advance written notice of its intention to terminate under this Lease if Substantial Completion shall not occur within such thirty and (30ii) day period, the Letter of Credit issued in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenantfavor of Landlord in connection with this Lease.
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TERM; POSSESSION. The Term term of this Lease (the “Term”) shall commence on the Commencement Date and set forth in the Basic Lease Information (the “Commencement Date”) and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date, ”) unless extended as set forth herein. Landlord shall not be liable for any claims, damages or sooner terminated liabilities if the Premises are not ready for occupancy by the Commencement Date. Provided that Tenant has delivered the insurance certificates called for in accordance with this Lease. If Section 11.1(e) – Certificates of Insurance, the Security Deposit, and the prepaid Base Rent required under Section 3.1 – Base Rent, Landlord is delayed in delivering shall deliver possession of all or any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (of mutual execution and the Expiration Date will be extended so that the length delivery of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises Lease (the “Delivery Date”), subject to Tenant Delay or force majeure . Landlord shall install an exclusive Outdoor Area (defined in Section 44 below) demarcated by a vegetation hedge (as depicted in the event attached Exhibit A). Commencing as of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents shall have access to Landlord is equal the Premises during normal Business Hours to $17,031.13 per monthperform the Tenant Improvements described in Exhibit B - Construction Rider, to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment, but only if during such period, Tenant and Tenant’s employees, contractors and vendors do not materially or adversely interfere with Landlord’s contractor completing work and renovations at the Project. Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the Commencement Date, provided, however, commencing as of the Delivery Date, Tenant shall establish direct accounts with the all utility providers such that effective as of the Delivery Date, Tenant shall pay for and be liable for the cost of any utilities, trash disposal or services provided to Tenant at the Premises. Notwithstanding anything in this Lease to the contraryforegoing, if Txxxxx takes possession of the Premises before the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason purpose other than Tenant Delay or force majeureas expressly provided in this Section, then such possession shall be subject to the terms and conditions of this Lease and Tenant shall have pay Base Rent and Additional Rent, and any other charges payable hereunder to Landlord for each day of possession before the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to TenantCommencement Date.
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TERM; POSSESSION. The Term term of this Lease with respect to the Initial Premises shall commence on the date ("INITIAL PREMISES COMMENCEMENT DATE") Landlord delivers possession of the Initial Premises to Tenant after Landlord has obtained possession of the Initial Premises from the Existing Tenant pursuant to the provisions contained hereinbelow. The "TERM") shall commence on the Additional Premises Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the "EXPIRATION DATE"). The term of this Lease with respect to the Additional Premises shall commence on the date ("ADDITIONAL PREMISES COMMENCEMENT DATE") Landlord delivers possession of the Additional Premises to Tenant after Landlord has obtained possession of the Additional Premises from the Existing Tenant pursuant to the provisions contained hereinbelow. The parties anticipate that the Initial Premises Commencement Date and shall end on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Additional Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date will occur on or about the Initial Premises Scheduled Commencement Date set forth in the Basic Lease Information (the "INITIAL PREMISES SCHEDULED COMMENCEMENT DATE") and the Expiration Additional Premises Scheduled Commencement Date will be extended so get forth in the Basic Lease Information (the "ADDITIONAL PREMISES SCHEDULED COMMENCEMENT DATE"); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage to Tenant resulting from any delay in delivering possession due to liabilities if the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements Initial Premises and Additional Premises are not Substantially Completed within one hundred (100) days following ready for occupancy by their respective Scheduled Commencement Dates. When the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Initial Commencement Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure)and Additional Commencement Date have been established, Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then and Tenant shall have at the right to terminate this Lease by written notice to Landlordrequest of either party confirm the respective Commencement Dates and Expiration Date in writing. TENANT UNDERSTANDS AND AGREES THAT THE PREMISES ARE CURRENTLY LEASED BY ANOTHER TENANT (THE "EXISTING TENANT"). LANDLORD AGREES TO USE ITS GOOD FAITH EFFORTS TO NEGOTIATE A TERMINATION OF LEASE WITH THE EXISTING TENANT BY AUGUST 15, as Tenant’s sole and exclusive remedy with respect to such delay1998, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.AND DELIVER POSSESSION OF THE INITIAL PREMISES TO TENANT ON OR BEFORE THE INITIAL PREMISES SCHEDULED COMMENCEMENT DATE AND DELIVER POSSESSION OF THE ADDITIONAL PREMISES TO TENANT ON OR BEFORE THE ADDITIONAL PREMISES SCHEDULED COMMENCEMENT DATE. NOTWITHSTANDING ANY PROVISION
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TERM; POSSESSION. The Term term of this Lease (the “Term”) shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date, unless extended or sooner terminated in accordance with this Lease”). If The “Commencement Date” shall be the earlier of (a) the date on which Landlord is delayed in delivering tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B-1 (the “Construction Rider - Landlord Improvements”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider - Landlord Improvements, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant actually occupies and conducts business in any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so “Scheduled Commencement Date”); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing. Subject to the provisions of Exhibit B-1 Construction Rider - Landlord Improvements and Exhibit B-2 Construction Rider - Tenant Improvements, and provided that Tenant has delivered the insurance certificates called for in Section 11.1(e) — Certificates of Insurance, and given Landlord written notice prior to entry, Tenant shall have access to the Premises during normal Business Hours (“Early Access”), prior to the anticipated Commencement Date, commencing two (2) days after mutual execution and delivery of this Lease, for Tenant to perform the Tenant Improvements described in Exhibit B-2 Construction Rider - Tenant Improvements and to install Tenant’s furniture, fixtures and equipment, data information systems, security systems, computer and telephone cabling, computers and related office equipment, but only if during such Early Access, Tenant and Tenant’s employees, contractors and vendor do not interfere with Landlord’s contractor completing the Landlord Improvements. Tenant agrees that Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s property placed upon or installed in the Premises prior to the Commencement Date, the same being at Tenant’s sole risk, and Tenant shall be liable for all injury, loss or damage to persons or property arising as a result of such entry into the Premises by Tenant resulting from any delay in delivering possession due or its Representatives. During such Early Access Tenant shall not be obligated to pay Base Rent or Additional Rent prior to the holdover Commencement Date. Notwithstanding the foregoing, if Tenant takes possession of the Premises before the Commencement Date for any existing tenant or purpose other circumstances outside than as expressly provided in this Section, such possession shall be subject to the terms and conditions of Landlord’s reasonable controlthis Lease and Tenant shall pay Base Rent and Additional Rent, and any other charges payable hereunder to Landlord for each day of possession before the Commencement Date. In the event that the Tenant Improvements are not Substantially Completed If (A) within one hundred two (1002) days following Business Days of the date that Landlord receives of this Lease Tenant selects a building permit to commence the Tenant Improvements in the Premises Building standard paint and carpet which paint and carpet are promptly available (the “Delivery Date”without long lead delay), subject to Tenant Delay or force majeure and (in the event of either, the Delivery Date shall be extended by one (1B) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before the expiration of the date which is one hundred ninety twenty (190120) days following the date that this Lease is fully executed and delivered by each of Landlord receives a building permit for and Tenant and Tenant delivers to Landlord all prepaid rents, the Security Deposit and all certificates of insurance as required by the terms and conditions of this Lease (the “Required Delivery Date”), Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to may terminate this Lease by giving Landlord written notice of termination on or before the earlier to Landlordoccur of: (a) five (5) Business Days after the Required Delivery Date; and (b) Commencement Date. In such event, the Lease shall be deemed null and void and of no further force and effect and Landlord shall promptly refund any prepaid rent and Security Deposit previously advanced by Tenant under the Lease and, so long as Tenant’s sole and exclusive remedy Tenant has not previously defaulted under any of its obligations under the Construction Rider, the parties hereto shall have no further responsibilities or obligations to each other with respect to such delay, except as provided above, subject to the Lease. Landlord and Tenant giving Landlord thirty acknowledge and agree that: (30i) days’ advance written notice the determination of its intention to terminate this Lease if Substantial Completion the Commencement Date shall not occur within such thirty take into consideration the effect of any Tenant Delays; and (30ii) day period, in which event all amounts prepaid or deposited by Tenant hereunder the Required Delivery Date shall be promptly returned postponed by the number of days the Commencement Date is delayed due to Tenantstrikes, acts of God, shortages of labor or materials, war, terrorist acts, civil disturbances and other causes beyond the reasonable control of Landlord.
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TERM; POSSESSION. The Term term of this Lease ("Lease Term") shall be approximately seventy-two (72) months commencing on the eighty-fourth (84th) calendar day after the issuance of a building permit for the Tenant Improvements (the "Target Commencement Date"), subject to the provisions of this Paragraph 2, and of Paragraph 27, and ending on the last day of the seventy-second (72nd) calendar month thereafter, unless sooner terminated or extended as herein provided. Notwithstanding the Target Commencement Date, the Lease Term will commence on 'the Commencement Date tenth (10th) business day after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued for the Tenant Improvements (as defined in Paragraph 27) by the appropriate governmental agency, at which time the Premises will be deemed "ready for occupancy." The certificate of occupancy (or equivalent governmental approval of completion) may contain stipulations and shall end on conditions to be fulfilled by Landlord so long as it permits Tenant to take possession of the Expiration Date, unless extended or sooner terminated in accordance with Premises and to use the Premises for the purposes contemplated by this Lease. If Landlord is delayed in delivering Tenant shall take possession of all the Premises no later than thirty (30) business days after Landlord notifies Tenant that a certificate of occupancy (or equivalent governmental approval of completion) has been issued. The Premises shall be considered "ready for occupancy" notwithstanding that punchlist items of a minor nature not interfering with Tenant's intended beneficial use of the Premises exist,, Landlord agrees to complete the punchlist items to Tenant's reasonable satisfaction at Landlord's sole expense within a period of time that is reasonable under the circumstances following the commencement date of the Lease Term. Landlord and Tenant shall execute a written statement specifying (a) the commencement date of the Lease Term and (b) the termination date of the Lease Term prior to Tenant's taking possession of the Premises. If the Premises are not ready for occupancy by the Tenant on the Target Commencement Date for any portion reason other than Tenant's default under this Lease, Landlord shall continue to use due diligence to complete construction and to deliver possession of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything any provision in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.:
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Samples: Lease Agreement (WWW Holdings Inc)
TERM; POSSESSION. The Term term of this Lease (the "TERM") shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the "Expiration Date"). The "Commencement Date" shall be 14 days after Landlord delivers written notice to Tenant that the prior tenant has vacated the Premises. Landlord shall notify Tenant in writing of the projected Commencement Date of the Lease within 5 days of determining said date. Landlord shall also notify Tenant in writing within 5 days if the said projected Commencement Date is changed. When the Commencement Date has been established, unless extended or sooner terminated Landlord and Tenant shall confirm the Commencement Date and Expiration Date in a commencement letter in the form attached as Exhibit D. Landlord and Tenant further acknowledge and agree that the Commencement Date may occur, and Tenant's obligation to pay Base Rent (as defined in Section 3 below) and perform the other obligations of Tenant under this Lease may commence before the date Landlord has tendered possession of the Premises to Tenant with the Tenant Improvements Substantially Complete. For purposes hereof, the Tenant Improvements shall be deemed to be "Substantially Completed" when they have been completed in accordance with this Leasethe Plans (as defined in Exhibit B attached hereto) except for finishing details, minor omissions, decorations and mechanical adjustments of the type normally found on an architectural "punch list". (The definition of Substantially Completed shall also define the terms "Substantially Complete" and "Substantial Completion"). Subject to Landlord's obligation, if any, to perform Tenant Improvements and Landlord's obligations under Section 6 hereof, the Premises are accepted by Tenant in "as is" condition and configuration. By taking possession of the Premises, Tenant agrees that the Premises are in good order and satisfactory condition, and that there are no representations or warranties by Landlord regarding the condition of the Premises or the Building. If Landlord is delayed in delivering possession of all the Premises, or any portion thereof, or any other space due to the holdover or unlawful possession of such space by any party, Landlord shall use reasonable efforts to obtain possession of the space. The Commencement Date shall be delayed to the extent that Landlord fails to deliver possession of the Premises to Tenant as of the Commencement Datefor any reason including but not limited to, Tenant will take possession on the date Landlord delivers possession, which date will then become holding over by prior occupants. Any such delay in the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable subject Landlord to any liability for any loss or damage to Tenant resulting from any delay in delivering possession due therefrom. If the Commencement Date is delayed, the Termination Date under the Lease shall not be similarly extended. Notwithstanding anything herein to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence contrary, if the Tenant Improvements in the Premises are incomplete on the Commencement Date for any reason whatsoever (other than as a result of holding over by prior occupants, in which event the “Delivery Date”above paragraph shall control with respect to the period that Landlord is delayed in delivering the Premises as a consequence of such holdover), subject to the Commencement Date shall not be postponed or delayed. Instead, Tenant Delay or force majeure (acknowledges that the Tenant Improvements will be performed in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal Premises during Business Hours subsequent to the holdover portion Commencement Date. Landlord and Tenant agree to cooperate with each other in order to enable the Tenant Improvements to be performed by Landlord in a timely manner and with as little inconvenience to the operation of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord 's business as is equal to $17,031.13 per monthreasonably possible. Notwithstanding anything in this Lease herein to the contrary, if any delay in the completion of the Tenant Improvements or inconvenience suffered by Tenant during the performance of the Tenant Improvements shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of Base Rent or other sums payable under the Lease. Landlord shall proceed with due diligence to Substantially Complete the Tenant Improvements within a reasonable amount of time following the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to TenantDate.
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TERM; POSSESSION. 2.1 The Term term of this Lease (the “Term”) shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (The “Expiration Date, unless extended or sooner terminated in accordance ”). The “Commencement Date” shall be the Rent Commencement Date (as that term is defined below) with this Lease. If Landlord is delayed in delivering possession of all or any portion respect to the last floor of the Premises delivered by Landlord to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become Tenant. The parties anticipate that the Commencement Date will occur on or about February 8, 2003 (and the Expiration Date will be extended so “Scheduled Commencement Date”); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. If the Premises are not delivered by the Landlord to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside Tenant, with all of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred Work substantially complete by May 8, 2003 (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Outside Substantial Completion Date”), subject to Tenant Delay or the force majeure (in the event of either, the Delivery Date shall be extended by one (1not to exceed 180 days) day for each one (1) day of or any Tenant Delay or force majeure(as that term is hereinafter defined), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by giving Landlord written notice at any time after the Substantial Completion Deadline and prior to substantial completion of Landlord’s Work, as in which case this Lease will be terminated. Landlord and Tenant acknowledge and agree that Landlord shall deliver to Tenant the Premises in increments of two (2) floors every 30-45 days in the condition required by Exhibit F attached hereto. Notwithstanding anything to the contrary contained herein, all of the terms and conditions of this Lease shall apply to the floors of the Premises delivered to Tenant prior to Commencement Date; and the rent commencement date (the “Rent Commencement Date”) with respect to each floor delivered to Tenant shall be the earlier of (a) one hundred twenty (120) days after the date on which Landlord tenders possession of such floor of the Premises to Tenant with Landlord’s Work therein Substantially Complete or the date such floor would have been Substantially Complete but for Tenant Delays, or (b) the date upon which Tenant, with Landlord’s sole written permission, actually occupies and exclusive remedy conducts business on such floor(s) of the Premises. Tenant shall pay to Landlord Base Rent and Additional Rent with respect to any such floor(s) of the Premises commencing on the Rent Commencement Date with respect to such delayfloor(s) of the Premises. Landlord and Tenant acknowledge and agree that certain rent and other obligations may commence earlier than the Commencement Date, except on a phased basis, as floors within the Premises are delivered to Tenant, all as provided above. However, for purposes of determining the Term and the first and subsequent lease years, there shall be a single Commencement Date, determined as provided above, subject with respect to the Building. Promptly after the Rent Commencement Date with respect to each floor is ascertained, Landlord and Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day periodexecute, in which event all amounts prepaid or deposited by recordable form, a written declaration setting forth the Rent Commencement Date for such floor. Promptly after the Commencement Date with respect to this Lease, Landlord and Tenant hereunder shall be promptly returned to Tenant.confirm such Commencement Date in writing in the form of the Commencement Date Agreement attached hereto as Exhibit C. “
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Samples: Lease Agreement (Enernoc Inc)
TERM; POSSESSION. Tenant currently occupies a portion of the Premises (the "Existing Premises") under the terms of that certain Office Lease Agreement, dated January 13, 1997, by and between Landlord's predecessor-in-interest, Xxxxx Ranch Company, and Tenant (the "Existing Lease"). The Term expiration date of the Existing Lease is January 31, 2000. The term of this Lease (the "Term") shall commence on the Commencement Date and as described below and, unless sooner terminated, shall end expire on the Expiration Date set forth in the Basic Lease Information (the "Expiration Date, unless extended or sooner terminated in accordance with this Lease"). If The "Commencement Date" shall be the earlier of (a) the date on which Landlord is delayed in delivering tenders possession of the portion of the Premises not leased by Tenant under the Existing Lease (the "Expansion Premises") to Tenant, with all of Landlord's construction obligations, if any, "Substantially Completed" as provided in the Construction Rider attached as Exhibit B (the "Construction Rider") or, in the event of any "Tenant Delay," as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord's written permission, actually occupies and conducts business in any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become Expansion Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (and the Expiration Date will be extended so "Scheduled Commencement Date"); provided, however, that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss claims, damages or damage to Tenant resulting from any delay in delivering possession due to liabilities if the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements Premises are not Substantially Completed within one hundred (100) days following ready for occupancy by the date that Landlord receives a building permit to commence Scheduled Commencement Date. When the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Commencement Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure)has been established, Landlord and Tenant shall credit Tenant against Minimum Annual Rent due under at the request of either party confirm the Commencement Date and Expiration Date in writing. Provided that this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contraryfull force and effect, if the Commencement Date has not occurred on or before one hundred ninety (190) days following occurs prior to January 31, 2000, the Existing Lease shall be deemed terminated effective as of the date that Landlord receives a building permit for immediately preceding the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to TenantCommencement Date.
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