Common use of and Section 1 Clause in Contracts

and Section 1. 1.1.1 above, provided that this Lease is mutually executed and delivered by Landlord and Tenant prior to the Lease Commencement Date, during the period (the “Beneficial Occupancy Period”) commencing on that later to occur of (i) March 9, 2019 and (ii) the mutual execution and delivery of this Lease by Landlord and Tenant, and continuing until the Lease Commencement Date, Tenant shall have the right to occupy the Premises for the Permitted Use as though the Lease Commencement Date had occurred (although the Lease Commencement Date shall not actually occur until the occurrence of the same pursuant to Section 2.1, above), provided that (A) a temporary certificate of occupancy (or its legal equivalent) shall have been issued by the appropriate governmental authorities for the Premises, (B) Tenant shall have paid any and all amounts owing as of such date to Landlord under the terms of this Lease, (C) Tenant shall have obtained and provided Landlord with evidence of the insurance required to be carried by Tenant under the terms of this Lease, and (D) all of the terms and conditions of this Lease shall apply during Tenant’s occupancy of the Premises throughout the Beneficial Occupancy Period, other than Tenant’s obligation to pay “Base Rent,” as that term is defined in Section 3.1, below, and the “Excess,” as that term is defined in Section 1.3 of Exhibit C attached to this Lease.