Thirteenth Amendment Commencement Date Clause Samples

Thirteenth Amendment Commencement Date. Landlord shall deliver the Expansion Premises to Tenant on April 1, 2018 (the “Thirteenth Amendment Commencement Date”) in its present, as-is condition as of the Effective Date of this Amendment; provided the existing tenant of the Expansion Premises surrenders the Premises on or before March 31, 2018. If Landlord is unable to deliver the Expansion Premises in such condition on the Thirteenth Amendment Commencement Date solely as a result of the existing tenant holding over beyond its current term which expires on March 31, 2018, Landlord shall use reasonable efforts at its sole cost to obtain exclusive possession of the Expansion Premises and the Thirteenth Amendment Commencement Date shall be extended until such time as Landlord obtains exclusive possession of the Expansion Premises (and Tenant shall have six (6) months from that date, as extended, to construct the Tenant Improvements). However, if Landlord has obtained exclusive possession of the Expansion Premises before July 1, 2018 and the Thirteenth Amendment Commencement Date has not occurred by July 1, 2018, then Landlord shall pay Tenant [*] per day for each day of delay, as liquidated damages for such delay. In addition, if Landlord has obtained exclusive possession of the Expansion Premises before September 1, 2018 and the Thirteenth Amendment Commencement Date has not occurred by September 1, 2018, Tenant shall have the right to terminate this Amendment by written notice to Landlord, whereupon this Amendment shall be deemed of no further force and effect and Landlord shall reimburse Tenant for all of its actual out of pocket expenses incurred in connection with this Amendment (but the Lease shall continue in full force and effect, unmodified by this Amendment). Tenant acknowledges and agrees that the foregoing penalties shall only apply if Landlord has obtained exclusive possession of the Expansion Premises by the above-mentioned dates and has failed to turn over possession to Tenant by the respective date.