Common use of Temporary Occupancy Clause in Contracts

Temporary Occupancy. During construction of the initial Tenant Improvements on the Fourth Floor and Penthouse portions of the Premises, Tenant shall have the right to occupy the entire Second Floor of the Building, which contains approximately 14,467 rentable square feet. Due to the anticipated excess noise of construction activity involved in improving the Penthouse area, even if the Fourth Floor work is substantially completed, it is agreed that Tenant may continue to utilize the Second Floor until such time as the Penthouse is substantially completed and Tenant is able to occupy the Fourth Floor. From the date of Tenant’s occupancy of the entire Second Floor and continuing for four (4) months, Tenant shall owe no rent, but all other provisions of the Lease shall apply to Tenant’s occupancy of the Second Floor. During any temporary occupancy of the Second Floor in excess of four months, Tenant shall pay to Landlord rent in the amount of $18.00 per square foot. Rent during any permanent occupancy of the Second Floor shall be as described in Paragraph 41 of this Addendum to Lease. The Second Floor shall be delivered to Tenant with the new carpet, new electrical as defined in the Work Agreement and the walls painted. Landlord has stated that the Second Floor has extensive electrical distribution that Landlord believes should be adequate for Tenant. However Landlord shall provide additional electrical distribution as mutually agreed between the parties. Landlord shall provide basic telecommunications/data service to the Second Floor.