Common use of Delivery & Commencement Date Clause in Contracts

Delivery & Commencement Date. Tenant acknowledges that (i) Landlord has disclosed to Tenant that the Premises and Expansion Space A (defined below) are under lease to Scitex, Inc. ("Scitex'); that the term of the lease of those spaces expires November 30, 1998; that Landlord will make good faith efforts, at no cost to Landlord, to seek agreement of Scitex for the earlier surrender to Landlord of the Premises and Expansion Space A, either separately or together, but Landlord shall not be obligated to tender possession of a particular space unless and until Landlord recovers possession of that respective space. Landlord shall tender to Tenant possession of the Premises on or within two (2) business days after the date Landlord recovers possession of such space, and possession will be adequately tendered to Tenant by Landlord either delivering the keys (or other means of access) to Tenant or Tenant's Broker, or by Landlord giving written notice that the keys (or other means of access) to the Premises are available for Tenant or its representative to pick up at the office of Landlord or of the Seaport Centre Property Manager. The date on which Landlord tenders to Tenant possession of the Premises is the Delivery Date. On the Delivery Date Tenant shall have the right of possession of the Premises and shall be subject to all of the terms, covenants and conditions of this Lease, including all arrangements and payments for utilities and services, except that the Term and Tenant's obligations to pay Monthly Base Rent, Rent Adjustments and Rent Adjustment Deposits shall commence on the Commencement Date, and the Commencement Date shall be the date forty-five (45) days after the Delivery Date.

Delivery & Commencement Date. Tenant acknowledges that (i) Landlord has disclosed to Tenant that the Premises and Expansion Space A (defined below) are under lease to Scitex, Inc. ("Scitex'); that the term of the lease of those spaces expires November 30, 1998; that Landlord will make good faith efforts, at no cost to Landlord, to seek agreement of Scitex for the earlier surrender to Landlord of the Premises and Expansion Space A, either separately or together, but Landlord shall not be obligated to tender possession of a particular space unless and until Landlord recovers possession of that respective space. Landlord shall tender to Tenant possession of the Premises on or within two (2) business days after the date Landlord recovers possession of such space, and possession Possession will be adequately tendered ---------------------------- to Tenant by Landlord either delivering the keys (or other means of access) to Tenant or Tenant's Broker, or by Landlord giving written notice that the keys (or other means of access) to the Premises are available for Tenant or its representative to pick up at the office of Landlord or of the Seaport Centre Property Manager. The date on which In the event Landlord tenders determines that Landlord may be able to Tenant tender possession of the Premises to Tenant prior to the Projected Commencement Date, Landlord may, but shall not be obligated to, offer to tender possession to Tenant prior to the Projected Commencement Date, If such early tender is the Delivery Date. On the Delivery Date offered by Landlord, Tenant shall have the right option to accept the early tender (and Tenant shall notify Landlord in writing of Tenant's exercise of such option no later than two (2) business days after Landlord offers such early tender), and in such event shall take possession of the Premises no later than two (2) weeks after such tender is offered and in no event later than the Projected Commencement Date. The Commencement Date shall be the later of (i) the date which is two weeks after Landlord notifies Tenant it shall tender possession of the Premises to Tenant and possession is actually tendered within or at the end of such two week period or (ii) the date all requirements have been met to permit the County of San Mateo Department of Environmental Health to issue a Business Closure Report, and to permit the issuance of a Radioactive Material License Termination by the issuing governmental authority (collectively "Sign Off"), unless Tenant takes possession and occupies the Premises prior to such time, in which event the Commencement Date shall be such earlier date, and thereupon Tenant's possession of the space shall be subject to all of the terms, covenants and conditions of this Lease, including all arrangements and payments for utilities and services, except that the Term and Tenant's obligations to pay payment of Rent (including Monthly Base Rent, Rent Adjustments and Rent Adjustment Deposits shall commence on all other rent payable under the Commencement Date, and the Commencement Date shall be the date forty-five (45) days after the Delivery DateLease).

Delivery & Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant acknowledges that on or before the Commencement Date. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above in the Basic Lease Provisions. Except for the cleaning of the carpet in the Premises, which Landlord shall complete, at Landlord’s expense prior to the Commencement Date: (i) Landlord has disclosed to Tenant that shall accept the Premises and Expansion Space A in their condition as of the Commencement Date, subject to all applicable Legal Requirements (as defined below) are under lease to Scitex, Inc. ("Scitex'in Section 7 hereof); that the term of the lease of those spaces expires November 30, 1998; that Landlord will make good faith efforts, at no cost to Landlord, to seek agreement of Scitex for the earlier surrender to Landlord of the Premises and Expansion Space A, either separately or together, but (ii) Landlord shall not be obligated to tender possession of a particular space unless have no obligation for any defects in the Premises; and until Landlord recovers possession of that respective space. Landlord shall tender to Tenant (iii) Tenant’s taking possession of the Premises on or within two (2) business days after shall be conclusive evidence that Tenant accepts the date Landlord recovers possession of such space, Premises and possession will be adequately tendered to Tenant by Landlord either delivering the keys (or other means of access) to Tenant or Tenant's Broker, or by Landlord giving written notice that the keys (or other means of access) to the Premises are available for Tenant or its representative to pick up were in good condition at the office of Landlord or of the Seaport Centre Property Managertime possession was taken. The date on which Landlord tenders to Tenant possession Any occupancy of the Premises is by Tenant before the Delivery Date. On the Delivery Commencement Date Tenant shall have the right of possession of the Premises and shall be subject to all of the terms, covenants terms and conditions of this Lease, including including, in the event Tenant conducts business therein, the obligation to pay Rent. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all arrangements or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and payments for utilities and services, except Tenant waives any implied warranty that the Term Premises or the Project are suitable for the Permitted Use. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon Tenant's obligations to pay Monthly Base Rent’s representations, Rent Adjustments warranties, acknowledgments and Rent Adjustment Deposits shall commence on the Commencement Date, and the Commencement Date shall be the date forty-five (45) days after the Delivery Dateagreements contained herein.

Delivery & Commencement Date. Tenant acknowledges that (i) Landlord has disclosed to Tenant that the ---------------------------- Premises and Expansion Space A (defined below) are is under a pre-existing lease to Scitex, Inc. 3DO; ("Scitex'); that the term of the lease of those spaces expires November 30, 1998; ii) that Landlord will make good faith efforts, at no out-of-pocket cost to Landlord, to seek agreement obtain the 3DO Termination Agreement; (iii) Landlord is seeking a surrender by 3DO on a date which 3DO shall select, which is targeted to be during the period beginning January 14, 2001 and ending February 28, 2001 (the actual date 3DO surrenders is referred to herein as the "Surrender Date" and the target period for such Surrender Date is referred to as the "Surrender Window"); and (iv) that the date of Scitex for the earlier 3DO's actual surrender will depend upon completion of construction of a new building to Landlord of the Premises which 3DO will move. Tenant acknowledges and Expansion Space A, either separately or together, but agrees that Landlord shall not be obligated to tender possession of a particular space unless and until shall have no liability hereunder if it does not obtain the 3DO Termination Agreement or if Landlord recovers possession of that respective spaceobtains the 3DO Termination Agreement but 3DO does not surrender within the Surrender Window. Landlord shall tender to Tenant possession of the Premises on or within two (2) business days after the Surrender Date. The date Landlord recovers tenders possession of the Premises to Tenant shall be the Commencement Date (whether such spacedate is before or after the Projected Commencement Date or is within the Surrender Window, or is earlier or later than the Surrender Window), and thereupon Tenant's possession of the space shall be subject to all of the terms, covenants and conditions of this Lease, including the payment of Rent (including Monthly Base Rent and all other rent payable under the Lease). Possession will be adequately tendered to Tenant by Landlord either delivering the keys (or other means of access) to Tenant or Tenant's Broker, or by Landlord giving written notice that the keys (or other means of access) to the Premises are available for Tenant or its representative to pick up at the office of Landlord or of the Seaport Centre Property Manager. The date on which Landlord tenders to Tenant possession Manager of the Premises is the Delivery Date. On the Delivery Date Tenant shall have the right of possession of the Premises and shall be subject to all of the terms, covenants and conditions of this Lease, including all arrangements and payments for utilities and services, except that the Term and Tenant's obligations to pay Monthly Base Rent, Rent Adjustments and Rent Adjustment Deposits shall commence on the Commencement Date, and the Commencement Date shall be the date forty-five (45) days after the Delivery DateBuilding.