Common use of COMMENCEMENT OF POSSESSION Clause in Contracts

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from Landlord to Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, shall apply and the rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.

Appears in 3 contracts

Samples: Lease Agreement (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc)

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COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date Commencement Date of the commencement of the term Term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term Term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning and termination dates. If, If at Tenant’s 's request the Landlord shall make the Premises available to Tenant prior to the date of commencement Commencement Date of the term Term for the purpose of decorating, furnishing, furnishing and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 9 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement Commencement Date of the termTerm, all provisions of this Lease, including but not limited to the date for expiration of the term thereofTerm hereof, shall apply and the rent Rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I 2.1 from the date of occupancy.

Appears in 2 contracts

Samples: Ingalls Office Lease (Education Lending Group Inc), Ingalls Office Lease (Education Lending Group Inc)

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s 's request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, term all provisions of this Lease, including but not limited to the date for expiration of the term thereof, shall apply and the rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.

Appears in 2 contracts

Samples: Office Lease (Elastic Networks Inc), Office Lease (Elastic Networks Inc)

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, the Rent shall not commence until the Premises are ready available for occupancy by the Tenant, and in no such event, failure to give possession on the beginning and termination dates date of commencement of the term hereof shall in any wise affect the validity of this lease or the obligations of the Tenant hereunder, nor shall same be adjusted accordingly, which adjustment will be evidenced by notice from Landlord construed in any wise to Tenant setting forth extend the adjusted beginning and termination datesterm of this lease. If, at the Tenant’s request 's request, the Landlord shall make the Premises available to the Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, furnishing and equipping the Premises, the use of the Premises for such work shall not create a Landlordlandlord-Tenant tenant relationship between the parties, parties nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 III of this Lease lease shall apply. If, with the consent of the Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, lease shall apply and the rent Rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I II. from the date of occupancy.

Appears in 1 contract

Samples: Childrens Comprehensive Services Inc

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, the Rent shall not commence until the Premises are ready available for occupancy by the Tenant, and in no such event, failure to give possession on the beginning and termination dates date of commencement of the term hereof shall in any wise affect the validity of this lease or the obligations of the Tenant hereunder and shall not be adjusted accordingly, which adjustment will be evidenced by notice from Landlord construed in any wise to Tenant setting forth extend the adjusted beginning and termination datesterm of this lease. If, at the Tenant’s request 's request, the Landlord shall make the Premises available to the Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, furnishing and equipping the Premises, the use of the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy be subject to all terms and conditions of the Premises within the meaning of the next sentenceLease except Rent, but the provisions as defined m Paragraph (b) of Section 6 of this Lease shall apply1. If, with the consent of the Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereof, lease shall apply and the rent Rent shall accrue and be payable at the first rate specified in Paragraph (a) of Section I 1 from the date of occupancy.

Appears in 1 contract

Samples: Access Integrated Technologies Inc

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COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises on the date of the commencement of the term hereof because the Premises shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, unless the delay is the fault of the Tenant, the Rent shall not commence until the Premises are ready for occupancy by the Tenant, and in such event, the beginning and termination dates of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning and termination dates. If, at Tenant’s 's request the Landlord shall make the Premises available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and equipping the Premises, the use of or the Premises for such work shall not create a Landlord-Tenant relationship between the parties, nor constitute occupancy of the Premises within the meaning of the next sentence, but the provisions of Section 6 9 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises to do business therein prior to the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereofhereof, shall apply and the rent Base Rent shall accrue and be payable at the first rate specified in Paragraph (aSection 2(a) of Section I from the date of occupancy.

Appears in 1 contract

Samples: Lease (EVO Transportation & Energy Services, Inc.)

COMMENCEMENT OF POSSESSION. If the Landlord shall be unable to give possession of the Premises Property on the date of the commencement of the term hereof or about August 1, 1989 because the Premises Property shall not be ready for occupancy, the Landlord shall not be subject to any liability for the failure to give tender possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Base Rent shall not commence until the Premises are Property is ready for occupancy by the Tenant, and in such event, the beginning Commencement Date and termination dates date of the term hereof shall be adjusted accordingly, which adjustment will be evidenced by notice from an agreement signed by Landlord to and Tenant setting forth the adjusted beginning commencement and termination dates, subject, however, to Tenant's option to terminate this Lease pursuant to Section 2 above if the Property is not timely delivered to Tenant for Tenant's beneficial occupancy, unless delay is caused by Tenant. If, at Tenant’s request the 's request, Landlord shall make the Premises Property available to Tenant prior to the date of commencement of the term for the purpose of decorating, furnishing, and furnishing or equipping the PremisesProperty, the use of the Premises Property for such work shall not create a Landlord-Tenant landlord/tenant relationship between the parties, nor or constitute occupancy of the Premises Property within the meaning of the next sentence, but the provisions of Section 6 Sections 20 and 31 of this Lease shall apply. If, with the consent of Landlord, the Tenant shall enter into occupancy of the Premises Property to do business therein prior to 42 43 the date of commencement of the term, all provisions of this Lease, including but not limited to the date for expiration of the term thereofhereof, shall apply and the rent Base Rent and other charges payable by Tenant hereunder shall accrue and be payable at the first rate specified in Paragraph (a) of Section I from the date of occupancy.

Appears in 1 contract

Samples: Lease (Galileo International Inc)

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