Common use of Fixturing Period Clause in Contracts

Fixturing Period. (a) Tenant shall be entitled to vacant possession of the Premises from the date which is the later to occur of: (i) the date upon which the Lease has been fully executed and delivered; and (ii) with respect to: (A) ▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇ (“Unit 5 Delivery Date”), but if Landlord is unable to obtain vacant possession of Unit 5 by such date for any reason whatsoever, this Offer and the Lease to be executed pursuant hereto shall not be void or voidable and Landlord shall not be liable for any losses, costs or damages whatsoever resulting therefrom and the Unit 5 Commencement Date shall be delayed by the number of days, if any, which fall between November 1, 2009 and the Unit 5 Delivery Date but, for greater certainty, there shall be no delay to the Expiry Date; and (B) ▇▇▇▇ ▇, ▇▇▇▇▇ ▇, ▇▇▇▇ (“Unit 4 Delivery Date”). Save and except where expressly set out herein, the Unit 5 Delivery Date and the Unit 4 Delivery Date shall be known collectively as the “Delivery Date”. (b) Tenant shall be entitled to occupy each of ▇▇▇▇ ▇ ▇▇▇ ▇▇▇▇ ▇ from the Unit 5 Delivery Date and the Unit 4 Delivery Date, respectively, and continuing thereafter for a maximum of four (4) months, up to and including the day immediately preceding the Unit 5 Commencement Date and the Unit 4 Commencement Date, respectively, for the purpose of completing the Tenant’s Work (as hereinafter defined) in Unit 5 and Unit 4, as the case may be and, thereafter, in order to commence carrying on business therefrom (collectively, “Fixturing Period”). During the Fixturing Period, Tenant shall not be obliged to pay Basic Rent, Operating Costs, Management Fee or Realty Taxes with respect to such portion of the Premises being occupied but shall be liable for its separately metered utilities and the costs of any additional services in accordance with the Lease for which Tenant will continue to be obligated to pay, and Tenant shall be subject to all the other terms and conditions of the Lease insofar as they are applicable including, without limitation, the obligation to maintain insurance, and the provisions relating to the liability of Tenant for its acts and omissions, and the acts and omissions of its servants, employees, agents, contractors, invitees, concessionaires and licensees and the indemnification of Landlord and others under the Lease. (c) On or before the ▇▇▇▇ ▇ Delivery Date and the Unit 4 Delivery Date, as the case may be, Tenant shall deliver to Landlord: certificate(s) evidencing requisite insurance coverage under the Lease for such portion of the Premises to be occupied; post-dated Rent cheques (or account information, as the case may be) as required pursuant to the Lease; and evidence, satisfactory to Landlord, that the utilities for such portion of the Premises to be occupied have been changed into the name of Tenant.