Executory Agreement. 9.1 This Agreement is an executory agreement only and shall not operate or be deemed to operate as a demise of the Premises 9.2 Save as provided for in Schedule B the Tenant shall not be entitled to occupation or possession of the Premises prior to the Certificate Date but shall have possession of the Premises from the Certificate Date and from such date shall observe and perform all the covenants and conditions contained in the Lease as if the same had already been granted 9.3 Upon the earlier of the possession by the Tenant of the Premises or the Certificate Date in the event the Lease not having been completed the Tenant will pay to the Landlord on demand a licence fee equal to the rents and other payments which would have been payable by the Landlord to the Tenant had the Lease been granted (subject always to the Rent Commencement Date) provided that for the purposes of this clause 9.3 access to the warehouse part of the Premises shall not constitute possession of the Premises 9.4 The Landlord shall be entitled to all remedies by distress action or otherwise for recovering any monies due or for breach of obligation by the Tenant as if the Lease had been completed
Appears in 1 contract
Sources: Agreement for Lease (Equinix Inc)
Executory Agreement. 9.1 This Agreement is an executory agreement only and shall not operate or be deemed to operate as a demise of the Premises.
9.2 Save as provided for in Schedule B 2 the Tenant shall not be entitled to occupation or possession of the Premises prior to the Certificate Date but shall have possession of the Premises from the Certificate Date and from such date shall observe and perform all the covenants and conditions contained in the Lease as if the same had already been granted.
9.3 Upon the earlier of the possession by the Tenant of the Premises or the Certificate Date in the event of the Lease not having been completed the Tenant will pay to the Landlord on demand a licence fee equal to the rents and other payments which would have been payable by the Landlord to the Tenant had the Lease been granted (subject always to the Rent Commencement Date) provided that for the purposes of this clause 9.3 access to the warehouse part of the Premises shall not constitute possession of the Premises.
9.4 The Landlord shall be entitled to all remedies by distress action or otherwise for recovering any monies moneys due or for breach of obligation by the Tenant as if the Lease had been completed.
Appears in 1 contract
Sources: Agreement for Lease (Equinix Inc)