Common use of Commencement Date Memorandum Clause in Contracts

Commencement Date Memorandum. Within a reasonable time after the Commencement Date, in order to place in writing the exact dates of commencement and termination of the Term and other matters concerning this Lease, Landlord will deliver to Tenant the Commencement Date Memorandum, substantially in the form attached hereto as Exhibit E, setting forth, among other things, the Commencement Date and the expiration date of the Lease as determined in accordance with this Lease. Tenant, within ten (10) days after receipt from Landlord, will execute and deliver to Landlord the Commencement Date Memorandum or notify Landlord of any matters therein with which Tenant reasonably disagrees; if notice of Tenant’s disagreement is timely given, then the parties will confer in good faith to resolve any such disagreements. Tenant’s failure to execute and deliver to Landlord the Commencement Date Memorandum will not affect any obligation of Tenant under this Lease. If Tenant does not timely execute and deliver to Landlord the Commencement Date Memorandum or timely notify Landlord of any matters therein with which Tenant reasonably disagrees, Landlord and any prospective purchaser or encumbrancer may conclusively rely on the information contained in the unexecuted Commencement Date Memorandum that Landlord delivered to Tenant. Additionally, absent any good faith dispute by Tenant, Landlord will have the rights and remedies provided in this Lease for breach by Tenant of a non-monetary covenant hereunder.

Commencement Date Memorandum. Within Landlord may, at its option, prepare and submit to the Tenant a reasonable time after Commencement Date Memorandum in the form of Exhibit D, completed in good faith by Landlord, and executed by Landlord. If Landlord does not prepare and submit to Tenant a Lease Memorandum within thirty (30) days following the Commencement Date, then Tenant may, at its option, prepare and submit to Landlord a Lease Memorandum in order to place the form of Exhibit D, completed in writing good faith by Tenant, and executed by Tenant. The information inserted on the exact dates of commencement Commencement Date Memorandum shall be controlling and termination conclusive and shall prevail over any inconsistent provision in this Lease upon the mutual execution of the Term Commencement Date Memorandum by Landlord and other matters concerning this LeaseTenant. Tenant or Landlord (as the case may be) shall execute and return the Commencement Date Memorandum within ten (10) Business Days of its receipt thereof; provided, however, if Tenant or Landlord will deliver does object in good faith to Tenant any information set forth in the Commencement Date Memorandum, substantially in the form attached hereto as Exhibit E, setting forth, among other things, it shall execute the Commencement Date and Memorandum with such 10-business day period subject to its specifically-stated, written objections. Tenant or Landlord, as applicable, must explain the expiration date reasons for its objections in reasonable detail. That portion of the Lease as determined Commencement Date Memorandum to which no objection was made shall be conclusive and controlling. Pending resolution of any dispute by agreement or a final determination by a court of competent jurisdiction in accordance with this Lease. , Landlord’s or Tenant’s information, within ten (10) days after receipt from Landlordas applicable, will execute and deliver to Landlord as inserted in the Commencement Date Memorandum shall be utilized subject to any later adjustment agreed or notify Landlord of any matters therein with which Tenant reasonably disagrees; if notice of Tenant’s disagreement is timely given, then the parties will confer in good faith found to resolve any such disagreementsbe appropriate. Tenant’s refusal or failure to execute and deliver to Landlord a Commencement Date Memorandum shall neither prevent nor delay the occurrence of the Commencement Date. In no event shall this Lease or the Commencement Date Memorandum will not affect any obligation be recorded without the prior written consent of Tenant under this Lease. If Tenant does not timely execute and deliver to Landlord the Commencement Date Memorandum or timely notify Landlord of any matters therein with which Tenant reasonably disagrees, Landlord and any prospective purchaser or encumbrancer may conclusively rely on the information contained in the unexecuted Commencement Date Memorandum that Landlord delivered to Tenant. Additionally, absent any good faith dispute by Tenant, Landlord will have the rights in their sole and remedies provided in this Lease for breach by Tenant of a non-monetary covenant hereunderabsolute discretion.

Commencement Date Memorandum. Within Landlord may, at its option, prepare and submit to the Tenant a reasonable time after Commencement Date Memorandum in the form of Exhibit C, completed in good faith by Landlord, and executed by Landlord. The information inserted on the Commencement Date, Date Memorandum shall be controlling and conclusive and shall prevail over any inconsistent provision in order to place in writing this Lease on (a) the exact dates of commencement and termination mutual execution of the Term Commencement Date Memorandum by Landlord and other matters concerning this LeaseTenant, Landlord will deliver or (b) the lapse of seven (7) days following delivery of the Commencement Date Memorandum to Tenant without Tenant delivering to Landlord a written objection to all or part of the information in the Commencement Date Memorandum. If Tenant does object in good faith to any information set forth in the Commencement Date Memorandum, substantially in the form attached hereto as Exhibit E, setting forth, among other things, it shall execute the Commencement Date and Memorandum subject to its specifically-stated, written objections. Tenant must explain the expiration date reasons for its objections in reasonable detail. That portion of the Lease as determined Commencement Date Memorandum to which no objection was made shall be conclusive and controlling. Pending resolution of any dispute by agreement or a final determination by a court of competent jurisdiction in accordance with this Lease. Tenant, within ten (10) days after receipt from Landlord, will execute and deliver to Landlord ’s information as inserted in the Commencement Date Memorandum shall be utilized subject to any later adjustment agreed or notify Landlord of any matters therein with which Tenant reasonably disagrees; if notice of Tenant’s disagreement is timely given, then the parties will confer in good faith found to resolve any such disagreementsbe appropriate. Tenant’s refusal or failure to execute and deliver to Landlord a Commencement Date Memorandum shall not constitute a default under this Lease, but shall neither prevent nor delay the occurrence of the Commencement Date. In no event shall this Lease or the Commencement Date Memorandum will not affect any obligation be recorded without the prior written consent of Tenant under this Lease. If Tenant does not timely execute Landlord, in its sole and deliver to Landlord the Commencement Date Memorandum or timely notify Landlord of any matters therein with which Tenant reasonably disagrees, Landlord and any prospective purchaser or encumbrancer may conclusively rely on the information contained in the unexecuted Commencement Date Memorandum that Landlord delivered to Tenant. Additionally, absent any good faith dispute by Tenant, Landlord will have the rights and remedies provided in this Lease for breach by Tenant of a non-monetary covenant hereunderabsolute discretion.

Commencement Date Memorandum. Within a reasonable time after the Suite 350 Commencement Date, in order to place in writing the exact dates of commencement and termination of the Term and other matters concerning this Lease, Landlord will deliver to Tenant the Commencement Date Memorandum, substantially in the form attached hereto as Exhibit E, setting forth, among other things, the Commencement Date and the expiration date of the Lease as determined Memorandum with all blanks relating to dates completed with dates Landlord derives in accordance with this Lease. Tenant, within ten (10) days after receipt from Landlord, will execute and deliver to Landlord either (a) the Commencement Date Memorandum, or (b) a written notice of any corrections or modifications to the Commencement Date Memorandum or notify Landlord of any matters therein that Tenant deems required to make the Commencement Date Memorandum correctly show the dates derived in accordance with which Tenant reasonably disagrees; if notice of Tenant’s disagreement is timely given, then the parties will confer in good faith to resolve any such disagreementsthis Lease. Tenant’s failure to execute and deliver to Landlord the Commencement Date Memorandum will or the written notice does not affect any obligation of Tenant under this Lease. If Tenant does not timely execute and deliver to Landlord the Commencement Date Memorandum or timely notify Landlord of any matters therein with which Tenant reasonably disagreesthe written notice, Landlord and any prospective purchaser or encumbrancer may conclusively rely on the information contained in the unexecuted Commencement Date Memorandum that Landlord delivered to Tenant. AdditionallyIf Tenant timely executes and delivers the written notice, absent any Landlord and Tenant will work together in good faith dispute by Tenantto prepare, Landlord will have execute and deliver a Commencement Date Memorandum that correctly show the rights and remedies provided dates derived in accordance with this Lease for breach by Tenant of a non-monetary covenant hereunderLease.