Common use of Possession Date Clause in Contracts

Possession Date. For the purposes of this Lease, the "Possession Date" shall occur when all the following conditions are satisfied: (i) the Premises are ready for exclusive occupancy by Tenant; (ii) a permanent certificate of occupancy or equivalent document is obtainable but for items to be completed by Tenant with respect to the installation of its fixtures and the construction of its leasehold improvements, if any; and (iii) construction of the Premises and all other aspects of Landlord's Work have been completed in accordance with the Final Plans and Specifications subject only to minor punch list items of such nature that do not interfere with Tenant's fixturing and with Tenant's normal use and occupancy of the Premises. In the event that a permanent Certificate of Occupancy cannot be issued prior to the Commencement Date otherwise determined in accordance with this Lease due to work done or failed to be done by Landlord pursuant to the provisions of this Exhibit C, or by reason of any condition of the Premises, then, at Tenant's option, the Commencement Date shall be extended until the earlier to occur of the following: (i) the date that Tenant shall commence operations in the Premises; or (ii) the date that a permanent Certificate of Occupancy is obtained. In the event that Tenant elects to commence operations in the Premises although a permanent Certificate of Occupancy has not issued, the Base Rent and other payments otherwise due under this Lease from Tenant shall be proportionately reduced during any periods in which there is interference with Tenant's operations by reason of the absence of a permanent Certificate of Occupancy, such reduction to be based on the extent of such interference. In the event Tenant elects to commence operations even though a permanent Certificate of Occupancy has not been obtained or Landlord's Work has not been fully completed (or is defective), such commencement of operations shall not be deemed a waiver of Landlord's obligation fully to complete Landlord's Work, and Landlord agrees fully to complete the unfinished work promptly thereafter.

Possession Date. For the purposes of this Lease, the (a) "Possession DatePOSSESSION DATE" shall occur when all the following conditions are satisfied: mean (ix) the Premises are ready for exclusive occupancy by Tenant; (ii) a permanent certificate of occupancy or equivalent document is obtainable but for items to be completed by Tenant with respect to the installation Initial Premises, the date possession of its fixtures and the construction of its leasehold improvements, if any; Initial Premises is delivered to Landlord by Overlandlord pursuant to the Xxxxxxxxx and (iiiy) construction with respect to the Additional Premises, on or prior to July 1, 2002, subject to receipt by Landlord of possession of the Additional Premises and all other aspects of Landlord's Work have been completed in accordance with from Overlandlord pursuant to the Final Plans and Specifications subject only to minor punch list items of such nature that do not interfere with Tenant's fixturing and with Tenant's normal use and occupancy terms of the PremisesXxxxxxxxx. Landlord anticipates that the Initial Premises shall be delivered by Overlandlord to Landlord on or prior to November 12, 2001. In the event that a permanent Certificate the Initial Premises shall be delivered subsequent to November 12, 2001, Landlord shall give Tenant two (2) Business Days prior written notice of Occupancy cansuch subsequent delivery date of the Initial Premises. Landlord shall keep Tenant reasonably apprised of the delivery schedule of the Initial Premises as Landlord receives such information from Overlandlord. Landlord agrees to use good faith efforts to cause Overlandlord to deliver the Additional Premises to Landlord as soon after the date hereof as may be reasonably practicable, provided, however, that the foregoing obligation shall not be issued prior deemed or construed to require Landlord to expend sums of money, grant any concessions to Overlandlord under the Commencement Date otherwise determined in accordance with this Lease due to work done Xxxxxxxxx or failed to be done by undertake any other measures of a significant monetary or non-monetary nature. Provided Landlord pursuant to the provisions of this Exhibit Chas received Overlandlord's consent hereto, or by reason of any condition Landlord shall deliver possession of the Premises, then, at Tenant's option, Premises to Tenant on the Commencement Date shall be extended until the earlier to occur of the following: (i) the date that Tenant shall commence operations in the Premises; or (ii) the date that a permanent Certificate of Occupancy is obtainedPossession Date. In the event that Tenant elects Landlord is delayed in delivering possession of the Initial Premises or the Additional Premises as a result of the failure of the Overlandlord to commence operations in deliver possession of the Premises although same to Landlord and Landlord shall have received any additional rental abatement from Overlandlord as a permanent Certificate of Occupancy has not issuedresult thereof, the Base Rent and other payments otherwise due under this Lease from Tenant shall be proportionately reduced during entitled to the same number of days of additional rental abatement with respect to the premises so not delivered as Landlord shall have received from Overlandlord, it being understood that Landlord shall have no obligation to pass through any periods in which there is interference rental abatement for the Premises received from Overlandlord with Tenant's operations by reason of respect to the absence of a permanent Certificate of Occupancyperiod prior to November 12, such reduction to be based on the extent of such interference. In the event Tenant elects to commence operations even though a permanent Certificate of Occupancy has not been obtained or Landlord's Work has not been fully completed (or is defective), such commencement of operations shall not be deemed a waiver of Landlord's obligation fully to complete Landlord's Work, and Landlord agrees fully to complete the unfinished work promptly thereafter2001.

Possession Date. For (a) After the purposes occurrence of this Lease, the "Possession Date" , Landlord and Tenant shall occur when all promptly confirm the following conditions are satisfied: (i) the Premises are ready for exclusive occupancy by Tenant; (ii) a permanent certificate of occupancy or equivalent document is obtainable but for items to be completed by Tenant with respect to the installation of its fixtures Possession Date and the construction of its leasehold improvements, if any; and (iii) construction Qualified RSF of the Premises pursuant to an agreement substantially in the form of Exhibit Q-1; provided, that the failure to execute and all other aspects of Landlord's Work have been completed in accordance with deliver such instrument shall not affect the Final Plans and Specifications subject only to minor punch list items determination of such nature that do not interfere with Tenant's fixturing date and with Tenant's normal use and occupancy Qualified RSF of the Premises. In the event that a permanent Certificate of Occupancy cannot be issued prior to the Commencement Date otherwise determined Premises in accordance with this Lease due Article 1 and the DCA. After the occurrence of all Occupancy Milestones, Landlord and Tenant shall promptly confirm the Rent Commencement Date and the Expiration Date pursuant to work done or failed an agreement substantially in the form of Exhibit Q-2; provided, that the failure to execute and deliver such instrument shall not affect the determination of such dates in accordance with this Article 1 and the DCA. Pending the resolution of any dispute as to the Possession Date and/or the Rent Commencement Date and/or the Qualified RSF of any portion of the Premises (which dispute shall be done resolved by arbitration in accordance with Section 8.09), Tenant shall pay Rent based upon Landlord’s determination, without prejudice to Tenant’s position. If it is resolved that the Possession Date and/or the Rent Commencement Date was not the date so fixed by Landlord pursuant and/or the Qualified RSF of any portion of the Premises was not as described in Section 1.01, 10.01 or 11.01, as applicable, (i) any payments of Fixed Rent for the Premises and any Additional Charges paid by Tenant to Landlord, as finally determined, shall be appropriately (A) applied by Landlord against the provisions of Rents first due under this Exhibit CLease on account thereof until fully credited (together with interest thereon at the Base Rate from the date paid by Tenant until fully credited), or (B) paid by reason Tenant within 30 days of any condition such determination (together with interest thereon at the Base Rate from the date such payment would have originally been due from Tenant until fully paid), as the case may be, and (ii) the Fixed Rent and Additional Charges and the Tenant’s Share (and Tenant’s Operating Share, as applicable) shall be appropriately adjusted to reflect the Qualified RSF of the Premises, then, at as finally determined or otherwise agreed upon by Landlord and Tenant's option, the Commencement Date shall be extended until the earlier to occur of the following: (i) the date that Tenant shall commence operations in the Premises; or (ii) the date that a permanent Certificate of Occupancy is obtained. In the event that Tenant elects to commence operations in the Premises although a permanent Certificate of Occupancy has not issued, the Base Rent and other payments otherwise due under this Lease from Tenant shall be proportionately reduced during any periods in which there is interference with Tenant's operations by reason of the absence of a permanent Certificate of Occupancy, such reduction to be based on the extent of such interference. In the event Tenant elects to commence operations even though a permanent Certificate of Occupancy has not been obtained or Landlord's Work has not been fully completed (or is defective), such commencement of operations shall not be deemed a waiver of Landlord's obligation fully to complete Landlord's Work, and Landlord agrees fully to complete the unfinished work promptly thereafter.

Possession Date. For the purposes of this Lease, the (a) "Possession Date" shall occur when all mean the following conditions are satisfied: date possession of the Premises is delivered to Landlord by Overlandlord pursuant to the Xxxxxxxxx. Landlord anticipates that the Premises shall be delivered by Overlandlord to Landlord on or about June 1, 2002 and has been advised that it should not expect to receive the Premises any later than July 31, 2002. Landlord shall keep Tenant reasonably apprised of the delivery schedule of the Premises as Landlord receives such information from Overlandlord. Landlord shall deliver possession of the Premises to Tenant in Delivery Condition within four (4) weeks of the Possession Date, provided that (i) the Premises are ready for exclusive occupancy by Tenant; Landlord has received Overlandlord's consent to this Lease, (ii) a permanent certificate of occupancy or equivalent document is obtainable but for items Tenant shall not be required to be completed by Tenant with respect accept the Premises prior to the installation of its fixtures and the construction of its leasehold improvementsJuly 1, if any; 2002 and (iii) construction if Landlord is unable to deliver the Premises to Tenant within such 4-week period on account of Force Majeure, then such period shall be extended by one day for each such day of Force Majeure. Landlord shall provide two (2) Business Days prior written notice of the date the Premises and all other aspects of Landlord's Work have been completed in accordance with the Final Plans and Specifications subject only to minor punch list items of such nature that do not interfere with Tenant's fixturing and with Tenant's normal use and occupancy of the Premiseswill be so delivered. In the event that a permanent Certificate Landlord is unable to deliver possession of Occupancy canthe Premises to Tenant in Delivery Condition on or before August 1, 2002 for any reason other than Force Majeure, the Rent Commencement Date shall be deemed extended for one (1) additional day for each day after August 1, 2002 the Premises are not be issued so delivered (e.g, if there are two days of delay, the Rent Commencement Date will occur 182 days after the Commencement Date). In the event the Premises are not delivered to Tenant in Delivery Condition on or prior to February 28, 2003 for any reason including Force Majeure, Tenant shall have the Commencement Date otherwise determined right to terminate this Lease by written notice to Landlord made during the first five (5) days in March, June, September or December, 2003, but on all other days Tenant shall not have the right to terminate this Lease and Landlord shall have the right to deliver the space to Tenant in accordance with this Lease due to work done or failed to be done by Landlord pursuant to the provisions of this Exhibit C, or by reason Lease. Upon Landlord's receipt of any condition notice of termination provided by Tenant in accordance with the Premisesforegoing sentence, then, at Tenant's option, the Commencement Date this Lease shall be extended until the earlier to occur deemed terminated and of the following: (i) the date that Tenant shall commence operations in the Premises; or (ii) the date that a permanent Certificate of Occupancy is obtained. In the event that Tenant elects to commence operations in the Premises although a permanent Certificate of Occupancy has not issued, the Base Rent no further force and other payments otherwise due under this Lease from Tenant shall be proportionately reduced during any periods in which there is interference with Tenant's operations by reason of the absence of a permanent Certificate of Occupancy, such reduction to be based on the extent of such interference. In the event Tenant elects to commence operations even though a permanent Certificate of Occupancy has not been obtained or Landlord's Work has not been fully completed (or is defective), such commencement of operations shall not be deemed a waiver of Landlord's obligation fully to complete Landlord's Work, and Landlord agrees fully to complete the unfinished work promptly thereaftereffect.