Phase 1 Premises Clause Samples
Phase 1 Premises. (a) Landlord shall endeavor to tender possession of the Phase 1 Premises to Tenant on or before the Phase 1 Estimated Delivery Date. If Landlord’s Construction Work or the Tenant Improvements as required pursuant to the terms of the Work Letter are not Substantially Complete on or before the Phase 1 Estimated Delivery Date for any reason whatsoever, then, except as provided below, this Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Phase 1 Commencement Date shall not occur until Substantial Completion of Landlord’s Construction Work and the Tenant Improvements occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of Landlord’s Construction Work or the Tenant Improvements have been actually delayed by any Tenant Delay, then, subject to the terms hereof, Substantial Completion of Landlord’s Construction Work and the Tenant Improvements shall be deemed to occur when (as reasonably determined by Landlord) Substantial Completion of Landlord’s Construction Work and the Tenant Improvements would have occurred if such Tenant Delay had not occurred. Within thirty (30) days after Substantial Completion of Landlord’s Construction Work and the Tenant Improvements, Landlord’s architect shall calculate and certify in writing to Landlord and Tenant the Rentable Area of the Phase 1 Premises in accordance with Article 9. “Tenant Delay” shall mean: (1) delays or failure of Tenant or Tenant’s architect to deliver items in accordance with the Work Letter attached hereto as Exhibit J; (2) Tenant’s failure to timely fulfill its obligations as set forth in the Work Letter within the time periods set forth therein; (3) delays caused by CW Tenant Change Order Requests (as defined in the Work Letter) or TI Tenant Change Order Requests (as defined in the Work Letter); 4) unavailability of materials, components or finishes for the Tenant Improvements that have an unusually long lead-time for delivery; (5) a willful or negligent act or omission of Tenant, Tenant’s Agents that interferes with the progress of the work, (6) any delay that results from Tenant’s use of an architect other than F▇▇▇▇▇▇▇ P▇▇▇ B▇▇▇▇▇▇ Architects for purposes of the TI Program and the Schematic TI Plans, or (7) any other event or circumstance described as a Tenant Delay in the Work Letter. Landlord shall not assess any day towards a Tenant Delay for delays caused solely by Landlord’s contracto...
Phase 1 Premises. Tenant hereby acknowledges that the Phase 1 Premises is currently occupied by another tenant of the Building. Landlord intends to deliver possession of the Phase 1 Premises to Tenant on or before the Lease Commencement Date; provided however, if Landlord is unable for any reason to deliver possession of the Phase 1 Premises to Tenant by the Lease Commencement Date, then (i) Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, and (ii) notwithstanding anything to the contrary contained in this Lease, Tenant's sole remedy for such failure shall be (a) a day-for-day extension of the Rent Abatement Period for each day of such delay in accordance with the terms and conditions of Section 3.2, below, and (b) Tenant's Share shall be adjusted accordingly (i.e., based solely on the rentable area of the Phase 2 Premises) for each day such delivery is delayed beyond the Lease Commencement Date.
Phase 1 Premises. This Lease shall commence on the "Phase 1 Commencement Date" (as herein defined) and shall be for a term (herein the "Term" or the "Lease Term") of seven (7) years, plus the portion of a calendar month, if any, from the Phase 1 Commencement Date to the last day of the calendar month in which the Phase 1 Commencement Date occurs. As used in this Lease, the term "Phase 1 Commencement Date", as advanced or postponed pursuant to the terms hereof, shall be defined as the earlier to occur of (a) the date on which Tenant takes possession and occupancy of the Phase 1 Premises, or (b) the date which is fifteen (15) days following that date which is the first on which all of the following events have occurred, namely (i) the Phase 1 Premises are "substantially completed", as defined in Section 2.1.1 following, (ii) Landlord has given Tenant written notice that the Phase 1 Premises are 2 substantially completed", and (iii) the "Phase 1 Target Date" as defined in Section 2.1.1 following has arrived. Tenant, at its sole risk, shall be permitted by Landlord to enter the Phase 1 Premises prior to the Phase 1 Commencement Date solely for the purpose of installing Tenant's fixtures and equipment, provided that (a) Tenant shall in each instance coordinate its entry and installation of equipment in the Phase 1 Premises in advance of Tenant's entry, and (b) Tenants activities shall be conducted so as not to unreasonably interfere with Landlord's Phase 1 Work (as hereinafter defined.)
Phase 1 Premises. Tenant shall pay to Landlord as Base Rent for the Phase 1 Premises, commencing on the third (3rd) monthly anniversary of the Phase 1 Commencement Date (the “Phase 1 Rent Commencement Date”), the sums set forth in Section 2.3. Base Rent shall be paid in equal monthly installments as set forth in Section 2.3, each in advance on the first day of each and every calendar month during the Term, commencing on the Phase 1 Rent Commencement Date.