Additional Space Commencement Date or “ASCD” shall mean the date upon which Landlord delivers to Tenant possession of the Additional Space free and clear of all occupants. The Additional Space is currently leased by an existing tenant (the “Existing Tenant”) for a term currently scheduled to expire on August 31, 2011. Landlord shall, in good faith, engage in negotiations with the Existing Tenant to terminate such tenant’s lease prior to such scheduled term expiration date; provided, however, that Landlord shall be under no obligation to incur any costs to achieve such early termination. Landlord shall use best efforts to deliver possession of the Additional Space to Tenant by September 1, 2011, and, in any event, not later than the date which is sixty (60) days following the Effective Date. Notwithstanding the foregoing, Landlord’s failure to deliver possession of the Additional Space to Tenant by such date for reasons outside Landlord’s reasonable control, including, without limitation, the holding over in possession of the Additional Space or any portion thereof by the current occupant thereof, shall not affect the enforceability of this Amendment, or subject Landlord to any liability to Tenant for damage or be deemed a default by Landlord of its obligations under the Lease. In the event that Landlord fails to deliver possession of the Additional Space to Tenant by the date which is ninety (90) days following the Effective Date (the “Outside Delivery Date”), Tenant shall have a one (1) time right to terminate the Lease with respect to the Additional Space only by thirty (30) days’ prior written notice to Landlord which notice shall be given no later than ten (10) days following the Outside Delivery Date (provided that if the Additional Space Commencement Date occurs within such 30 day period, Tenant’s election to terminate pursuant to this Section 1 shall be deemed null and void and of no force and effect).
Additional Space Commencement Date means the later to occur of (a) November 1, 2015 (the “Target Delivery Date”), and (b) the date upon which Landlord delivers possession of the Additional Space to Tenant with Landlord’s Work (hereinafter defined) Substantially Complete (hereinafter defined), subject to adjustment due to Tenant Delay (hereinafter defined). Landlord anticipates delivering possession of the Additional Space to Tenant with Landlord’s Work Substantially Complete on November 1, 2015; provided that Landlord’s failure to deliver possession of the Additional Space to Tenant by such date for reasons outside Landlord’s reasonable control shall not affect the enforceability of this Amendment, or subject Landlord to any liability to Tenant for damages or be deemed a default by Landlord of its obligations under the Lease.
Additional Space Commencement Date or “ASCD” shall mean the earlier to occur of (a) the date Landlord delivers possession of the Additional Space to Tenant with the Landlord’s Work for Phase I substantially complete, as defined and further described in Exhibit B, attached, and (b) the date Tenant commences to use the Additional Space for its business purposes. Landlord anticipates delivering possession of the Additional Space to Tenant with the Landlord’s Work for Phase I substantially complete on January 1, 2015 (the “Estimated Delivery Date”); provided that Landlord’s failure to deliver possession of the Additional Space to Tenant by such date for reasons outside Landlord’s reasonable control, including, without limitation, the holding over in possession of the Additional Space or any portion thereof by the current occupant thereof, shall not affect the enforceability of this Amendment, or subject Landlord to any liability to Tenant for damages or be deemed a default by Landlord of its obligations under the Lease, except as expressly provided in Exhibit B.
Examples of Additional Space Commencement Date in a sentence
Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Second Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Second Additional Space for the purposes of establishing the Second Additional Space Commencement Date.
The monthly installments of annual Base Rent for the Additional Space shall be payable commencing on the Additional Space Commencement Date and thereafter in advance on the first day of each calendar month in the original Lease term, without any deductions or set-offs, and without demand.
Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Additional Space for the purposes of establishing the Additional Space Commencement Date.
In the event the Additional Space Commencement Date shall occur on other than a first day of a calendar month, the monthly installments of annual Base Rent for such partial month shall be prorated.
Effective as of the Additional Space Commencement Date (hereinafter defined), the Additional Space shall be added to the Original Premises (the Original Premises and the Additional Space shall be collectively referred to as the “Premises”) upon all of the terms and conditions of the Lease as modified herein.
More Definitions of Additional Space Commencement Date
Additional Space Commencement Date means the date which is the sooner of: (i) the date that Tenant’s Additional Space Work (as hereinafter defined) is substantially completed, or (ii) the date upon which Tenant takes possession of all or any part of the Additional Space; or (iii) March 1, 2018.
Additional Space Commencement Date means the date Landlord and Tenant execute this Lease. It is understood that Tenant may use the Additional Space once the Lease is fully executed and pay no rent until July 1, 2003. Tenant agrees to execute a document setting out the actual Additional Space Commencement Date upon Landlord's request.
Additional Space Commencement Date shall have the meaning set forth in Section 40.6 hereof.
Additional Space Commencement Date is the day Landlord delivers Landlord's Work and tenders possession of the Additional Space (subject to the terms of Paragraph 6 below), which will be the Scheduled Additional Space Commencement Date, unless the Additional Space Commencement Date is extended according to Paragraph 5 below. Tenant shall accept the Landlord's Work and possession of the Additional Space when Landlord tenders and delivers them, provided the Landlord's Work has been substantially completed as set forth above, and provided further that Tenant shall not be required to accept possession prior to the Scheduled Additional Space Commencement Date.
Additional Space Commencement Date. Defined in Paragraph 2.13 captioned “Right of First Offer to Lease Additional Space”.
Additional Space Commencement Date means September 1, 2006. Landlord anticipates delivering possession of the Additional Space to Tenant on the date which is three (3) business days following full execution and delivery of this Amendment provided that Landlord’s failure to deliver possession of the Additional Space to Tenant by such date for reasons outside Landlord’s reasonable control, shall not affect the enforceability of this Amendment, or subject Landlord to any liability to Tenant for damages or be deemed a default by Landlord of its obligations under the Lease.
Additional Space Commencement Date shall be the date on which the Landlord has “substantially completed” the Landlord’s Work. The Landlord’s Work shall be deemed “substantially completed” when the Additional Space may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Relocation Premises, if required by law (hereafter, “substantially completed”). The Additional Space Commencement Date shall be confirmed by Landlord and Tenant by the execution of a confirmation of Lease Term in a form reasonably acceptable to Landlord and Tenant. Upon notification by Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Space at which time a punchlist of outstanding items, if any, shall be completed. Within a reasonable time thereafter, Landlord shall complete the punchlist items to Tenant’s reasonable satisfaction.