Occupancy Prior to Commencement Date. Subject to Unavoidable Delay (as defined in Section 4.4 hereof), it is anticipated that the leasehold improvements to be made by the Landlord to the Leased Premises will be substantially completed by May 1, 2002. If such leasehold improvements to the Leased Premises are substantially completed before May 1, 2002 (the “Delivery Date”), the Tenant shall have the right to occupy the Leased Premises upon such substantial completion of the leasehold improvements and until the Commencement Date (the “Interim Occupancy Period”) and during such Interim Occupancy Period, no Basic Minimum Rent shall be payable prior to the Commencement Date. However, the Tenant shall be required to pay during the Interim Occupancy Period, Additional Rent and all other costs pertaining to the Leased Premises and its use thereof, including, without limitation, Operating Costs, Taxes, water, electricity, utility and other costs and the costs of all special services provided to it by the Landlord, including, without limitation, extra security services which may be required due to the Tenant taking occupancy prior to the Commencement Date and all amounts payable by the Landlord to third party contractors as a result of the Tenant’s early occupancy. All the terms of the Lease shall apply mutatis mutandis prior to the Commencement Date. The Tenant shall be liable for any and all damages caused by its actions or omissions or those of its contractors, subcontractors, agents, employees and other persons for whom the Tenant is responsible at law for whom the Tenant is responsible at law.
Occupancy Prior to Commencement Date. TENANT shall accept possession and take occupancy of the manufacturing sections of the Leased Premises designated in Exhibit B at such time prior to the Commencement Date as those sections have been substantially completed, but in no event earlier than the later of the following: (i) March 1, 1997; and (ii) such time as the LANDLORD's architect certifies to TENANT that the remainder of LANDLORD's Work at the Leased Premises shall be substantially completed within thirty (30) days. During such period after TENANT accepts possession and takes occupancy of such section and prior to the Commencement Date, TENANT shall pay a pro rata portion of the Minimum Annual Rent at the rates set forth in Article 5 (as the same may be adjusted in accordance therewith) based upon the ratio that the number of square feet of the Leased Premises with respect to which possession has been accepted bears to the total square footage of the Leased Premises to be built. The period between the date of such possession and the Commencement Date is hereinafter referred to as the "Pre-Commencement Date Occupancy Period".
Occupancy Prior to Commencement Date. Provided that the Tenant has delivered to the Landlord proof of its insurance in form and content specified in clause 8.1 of this Lease, the Tenant shall be entitled to occupancy of the Premises for a period of two months prior to the Commencement Date (the “Fixturing Period”) for the purpose of completing the Tenant’s Work, moving in its furniture/equipment and inventory for its business operation initialization period provided that:
Occupancy Prior to Commencement Date. In the event that Tenant occupies the Leased Premises prior to the Commencement Date as specified in Section 5.2 of the Lease, all the term and conditions of the Lease shall apply mutatis mutandis.
Occupancy Prior to Commencement Date. If the Premises have been Substantially Completed before August 17, 2002, then upon advance written notice to Landlord, you shall have the right to early occupancy of the Premises during the period of time beginning on the date of Substantial Completion and ending on August 16, 2002 in which case all of the terms and conditions of this Lease shall apply except that you shall not be required to pay Rent during such period of early occupancy. During such early occupancy period, any costs of electric for a single tenant floor paid for by you up to the first $1.50 r.s.f. on an annualized basis shall be reimbursed by Landlord to you within thirty days of demand. During such early occupancy period, any costs of electric for a multi-tenant floor occupied by you shall be reimbursed by you to Landlord to the extent in excess of $1.50 r.s.f. of such electric cost on an annualized basis. In no event shall you be entitled to possession or occupancy of the Premises until such time as you have delivered to Landlord proof that you have in force and effect all insurance required to be maintained by you under this Lease including, where required under this Lease, naming Landlord as an additional insured.
Occupancy Prior to Commencement Date. Upon the Construction Manager certifying that the Premises have been Substantially Performed, the Tenant shall be entitled to have access to the Premises to install Trade Fixtures, Program Equipment and Plant and Specialized Equipment, and the like, but the Tenant shall have no right of possession of the Premises until the Commencement Date.
Occupancy Prior to Commencement Date. In the event Landlord permits Tenant to occupy the Premises prior to the Commencement Date, such occupancy shall be at Tenant’s sole risk and subject to all the provisions of this Lease, including, but not limited to, the requirement to pay Rent and the Security Deposit, and to obtain the insurance required pursuant to this Lease and to deliver insurance certificates as required herein. In addition to the foregoing, Landlord shall have the right to impose such additional, commercially reasonable, conditions on Tenant’s early occupancy as Landlord shall deem appropriate. If, at any time, Tenant is in default of any term, condition or provision of this Lease, any such waiver by Landlord of Tenant’s requirement to pay rental payments shall be null and void and Tenant shall immediately pay to Landlord all rental payments so waived by Landlord.
Occupancy Prior to Commencement Date. Provided this Lease has been executed by the Tenant in a form satisfactory to the Landlord, the Tenant shall have access to the Leased Premises, whether exclusively or in common with the Landlord, for the purpose of making leasehold improvements in or to the Leased Premises (the “Tenant Improvement Work”) and preparing the Leased Premises for occupancy prior to the Commencement Date. Upon completion of the Tenant Improvement Work, the Tenant shall provide to the Landlord evidence substantiating the total costs incurred by the Tenant with respect to completion of its leasehold improvements (the “Tenant Improvement Costs”), in order that the Landlord may determine the amount of compensation due to the Tenant in the event the Landlord exercises its right pursuant to Section 6.11 hereof. During any period the Tenant is in possession of the Leased Premises prior to the Commencement Date, the Tenant shall be bound by all terms and conditions of this Lease, save and except for the payment of Base Rent and its Proportionate Share of Operating Costs and Taxes.
Occupancy Prior to Commencement Date. Should construction of the improvements be completed to such an extent as to permit the issuance of a partial certificate of occupancy by the governing authority, Tenant may occupy the portion of the Premises so permitted prior to (or after) the Commencement Date and shall pay rent for the occupied portion, prorated in proportion to the number of square feet of building space occupied, beginning on date of delivery of possession. Rent adjustments shall be similarly prorated. In no event shall Tenant take possession prior to satisfaction of the requirements for Tenant's insurance set forth below. Landlord shall have no liability to Tenant for failure to substantially complete construction prior to any date or dates.
Occupancy Prior to Commencement Date. The Landlord shall deliver possession of the Premises to the Tenant on the later of June 1, 1998 and the day following the date that the Landlord completes the Landlord's Work. If the Tenant is in possession of the Premises prior to the Commencement Date, whether or not such possession is exclusive, for any reason whatsoever, including, without limitation, for the purpose of performing the Tenant's Work, the Tenant will be subject to and shall comply with all of the provisions of this Lease on its part to be complied with, other than the obligation to pay Rent, but the Tenant shall be responsible for the cost of all utilities consumed in the Premises during such period of possession prior to the Commencement Date. ARTICLE 4.00 - RENT 4.01
