Expansion Space Commencement Date means October 1, 2016, but shall be delayed by one (1) day for every one (1) day after June 30, 2016, that the existing occupant of the Expansion Space continues to occupy the Expansion Space. In the event that delivery of possession of the Expansion Space to Tenant does not occur by the Outside Delivery Date (as defined below), for any reason, then Tenant shall be entitled by notice in writing to Landlord within ten (10) days thereafter to cancel the Lease, in which event the parties shall be discharged from all obligations under the Lease other than those which expressly survive the expiration or earlier termination of the Lease; provided further, however, that if such written notice of Tenant is not received by Landlord within such ten (10)-day period, Tenant’s right to cancel the Lease hereunder shall terminate and be of no further force or effect. If Tenant elects to cancel the Lease pursuant to the foregoing sentence, then such termination of the Lease shall be effective on the date which is one hundred twenty (120) days after delivery of notice of termination to Landlord, unless delivery of possession of the Expansion Space to Tenant occurs within thirty (30) days of delivery of Tenant’s notice hereunder. The term “Outside Delivery Date” initially means May 1, 2017, but shall be extended by one day for every one day in delay in delivery of possession of the Expansion Space to Tenant caused by any one or more Force Majeure Events, provided that in no event shall Force Majeure Events extend the Outstanding Delivery Date for more than forty-five (45) days.”
Expansion Space Commencement Date or “ESCD”) for each of the Expansion Spaces shall mean 30 days following the earlier to occur of (a) the date when Tenant takes possession of the respective Expansion Space or any portion of the respective Expansion Space for the conduct of its business, (b) the date of substantial completion of the Tenant Improvements (as defined below) to each of the Expansion Spaces, or (c) the date which is six months after Landlord’s delivery of the respective Expansion Space to Tenant subject to delays to the construction of the Tenant Improvements caused by Force Majeure (the “Outside Date”). As used herein, “substantial completion” shall mean the date on which a Certificate of Occupancy or its equivalent, including a Temporary or Conditional Certificate of Occupancy, is issued by the appropriate local governmental entity for the Tenant Improvements, or, if no Certificate of Occupancy will be issued for the Tenant Improvements, the date on which the Tenant Improvements have been substantially completed so that Tenant may use the respective Expansion Space for its intended purpose, notwithstanding that minor punchlist items or insubstantial details concerning construction, decoration, or mechanical adjustment remain to be performed. Promptly after the Expansion Space Commencement Date, for each respective Expansion Space, Landlord and Tenant shall execute an instrument hereinafter defined as the “Memorandum of Expansion Space Commencement Date” in the form attached hereto as EXHIBIT “C” and such instrument when executed is hereby made a part of this Amendment and incorporated herein by reference. Tenant’s use of the respective Expansion Space for the purposes of installing fixtures, furniture, and equipment, and cabling and wiring shall not be considered possession of the respective Expansion Space, but shall be subject to all of the terms of the Lease except the payment of Rent.
Expansion Space Commencement Date means the date which is the earlier of (i) the date Tenant commences business operations in the Expansion Space, or (ii) January 1, 2018.
Examples of Expansion Space Commencement Date in a sentence
Except as set forth in Landlord’s Notice, the Expansion Terms shall be deemed to include the same terms then in effect on the Expansion Space Commencement Date, and thereafter scheduled to be in effect, under the Lease (with any matters in the Lease based on square footage adjusted proportionately to reflect the rentable area of the Expansion Space and Landlord’s then current Building-standard ratios and policies).
This Right Of Offer is subject to the condition that the Lease be in full force and effect, and that Tenant not then be in default beyond any applicable cure period under the Lease on the date when Landlord provides or would otherwise provide Landlord’s Notice, or at any time thereafter and prior to the Expansion Space Commencement Date.
If Tenant shall exercise the Right Of Offer herein, Landlord does not guarantee to deliver possession of the Expansion Space on the Expansion Space Commencement Date due to continued possession by the then existing occupants or any other reason beyond Landlord’s reasonable control.
Tenant shall pay to Landlord within fifteen (15) business days of the Expansion Space Commencement Date the Base Rent due on the Expansion Space for the first partial month of the Term.
Should the Expansion Space Commencement Date be any day other than the first day of a calendar month, then the Base Rent for the first partial month and the last partial month shall be equitably pro rated.
More Definitions of Expansion Space Commencement Date
Expansion Space Commencement Date means the later of (a) November 1, 2012, and (b) substantial completion of the Expansion Space Improvements occurs as provided in Section 4 below.
Expansion Space Commencement Date means November 1, 2008. Renewal Option. Provided that Tenant is not then in default of the terms of the Lease Agreement, Tenant shall have two (2) consecutive options to renew the term of this Lease Agreement, with each option for an additional period of sixty (60) consecutive months at the then prevailing market rental rate, by providing Landlord notice of Tenant’s intent to renew not less than six (6) months prior to the end of the primary term or the renewal term, as applicable. All terms and conditions of this Lease Agreement shall remain unchanged during the option period excepting only the rental rate and no further options to renew. Market rental rates shall be determined by agreement of the parties. Should the parties fail to agree on a rate ninety (90) calendar days prior to the start of the renewal term, then each party shall select a qualified MAI appraiser and these two appraisers shall together select a third MAI appraiser. The average of the three appraisers rates shall then be selected as the market rate.
Expansion Space Commencement Date means July 1, 2014; provided, however, that if Landlord does not deliver the Expansion Space in the condition required by this Amendment by May 1, 2014, then the Expansion Space Commencement Date shall be extended one day for each day past May 1, 2014 that Landlord delivers the Expansion Space in the condition required by this Amendment.
Expansion Space Commencement Date means two (2) months after the Expansion Space Delivery Date. The foregoing 2-month time period shall be calculated based on the way that dates are numbered in the applicable months, rather than the actual number of days elapsed (for example, the period from February 15 to March 15 is considered one month, notwithstanding that such period contains fewer than 30 days, and the period from September 15 to December 15 is considered three months, notwithstanding that such period contains 91 days). For the avoidance of doubt, and by way of example only, if the Expansion Space Delivery Date were April 1, 2014, then the Expansion Space Commencement Date would be June 1, 2014. Similarly, if the Expansion Space Delivery Date were April 15, 2014, then the Expansion Space Commencement Date would be June 15, 2014.
Expansion Space Commencement Date means that date that is the earlier of March 1, 2007 and Tenant’s occupancy of the Expansion Space.
Expansion Space Commencement Date means and refer to October 15, 2018; (ii) the Expansion Space Expiration Date and Extended Term Expiration Date shall be November 30, 2025, and all references in the Amended Lease to the defined term “Expansion Space Expiration Date” and “Extended Term Expiration Date” shall mean and refer to November 30, 2025.
Expansion Space Commencement Date means December 1, 2016.