Common use of COMMENCEMENT OF POSSESSION Clause in Contracts

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which the Lease Commencement Date is so extended. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidable. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 4, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 days after Landlord shall notify Tenant in writing that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 90 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event occupancy and the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which the Lease Commencement Date is so extendedadjusted accordingly. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 120 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.9 ARTICLE FIVE PROJECT SERVICES

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed complete by the scheduled Lease Commencement Date Date, subject only to items which do not materially affect the use thereof, then the Lease business Commencement Date shall be extended to a the date five (5) 5 business days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, (i)neither Landlord and nor Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and (ii) nor shall this Lease shall not become void or voidablevoidable unless such failure continues for more than 180 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 4SCHEDULE 7, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. Tenant hereby authorizes any agent or employee who receives the keys to the Leased Premises on behalf of Tenant to execute and deliver such letter in Tenant's name. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment and certification by occupying the Leased Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed Substantially Complete (as defined in Schedule 5 attached), by the scheduled Lease Commencement Date Date, subject only to items which do not materially affect the use thereof, then the Lease Commencement Date shall be extended to a the date five (5) days after Landlord afterLandlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which the Lease Commencement Date is so extended. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, (a) neither Landlord and nor Landlord's agents, officers, employees, employees or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and (b) nor shall this Lease shall not become void or voidablevoidable unless such failure continues for more than one hundred twenty (120) days, in which case, Tenant shall have the right to terminate this Lease upon twenty (20) days' prior written notice to Landlord; provided that the time for Landlord to perform shall be extended by any delay caused by Tenant, as identified in the Work Letter Agreement, and force majeure events. Landlord acknowledges and agrees that in the event the Lease Commencement Date occurs after the Scheduled Commencement Date (except as a result of delays caused by Tenant, as identified in the Work Letter Agreement), there will be no reduction in Tenant's free Rent, as provided for in Schedule 7. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 46, acknowledging the Lease Commencement Date and certifying that the Leasehold Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. Tenant hereby authorizes an officer of Tenant who receives the keys to the Leased Premises on behalf of Tenant to execute and deliver such letter in Tenant's name. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment acknowledgement and certification by occupying accepting the Leased keys to the Premises.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 business days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 120 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 47, acknowledging the Lease Commencement Date and certifying that the Improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment acknowledgement and certification by occupying the Leased Premises, except for mutually agreed punch list items.

COMMENCEMENT OF POSSESSION. If the Leased Premises are not substantially completed by the scheduled Lease Commencement Date then the Lease Commencement Date shall be extended to a date five (5) 5 days after Landlord shall notify Tenant that the Leased Premises are ready for occupancy. In such an event the Lease Expiration Date shall be extended by one (1) full calendar month for each calendar month, or portion thereof, by which remain the Lease Commencement Date is so extendedsame. If Landlord fails to cause the Leased Premises to be ready for occupancy at the time of the scheduled Lease Commencement Date, Landlord and Landlord's agents, officers, employees, or contractors shall not be liable for any damage, loss, liability or expense caused thereby, and this Lease shall not become void or voidablevoidable unless such failure continues for more than 120 days, in which case Tenant may terminate this Lease upon 20 days written notice to Landlord. Prior to occupying the Leased Premises, Tenant shall execute and deliver to Landlord a letter in the form attached as Schedule 4SCHEDULE 7, acknowledging the Lease Commencement Date and certifying that the Improvements improvements have been substantially completed and that Tenant has examined and accepted the Leased Premises. Tenant shall list any items that do not conform with Schedule 6. If Tenant fails to deliver such letter, Tenant shall conclusively be deemed to have made such acknowledgment acknowledgement and certification by occupying the Leased Premises.