Early Occupancy Date definition

Early Occupancy Date. (if any) is defined in Item 7(c) of the Basic Lease Information.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedSchedule a Demo

Early Occupancy Date means the date that is the later of (i) the date Landlord achieves substantial completion of Landlord’s Work in accordance with the terms and provisions of Exhibit “D” or (ii) the date which is ninety (90) days after the date of Tender of the Premises. The Commencement Date (the “Commencement Date”) means the date that is six months after the Early Occupancy Date. Tenant agrees to accept Tender of the Premises (as defined in Exhibit “D”) when Landlord tenders possession thereof to Tenant in accordance therewith. By acceptance of the Tender of the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of Tender of the Premises subject only to any remaining Landlord’s Work. At anytime after the completion of Tenant’s Work, Tenant agrees to execute and deliver to Landlord, within ten days after Landlord has requested same, a letter confirming (1) the Commencement Date, (2) that Tenant has accepted the Premises, and (3) that Landlord has performed all of the Landlord’s Work with respect to the Premises (except for punch-list items specified in such letter). Temporary Space: At anytime between the Effective Date and the date which is ninety (90) days after the date of Tender of the Premises, upon thirty (30) days prior written request by Tenant to Landlord, Landlord will provide Tenant with approximately 3,407 rentable square feet of temporary space in Building I of the Project (the “Temporary Space”); provided, however, that if Tenant gives Landlord notice of the need for the Temporary Space after July 1, 2006 then Landlord is only required to provide 2,445 rentable square feet of Temporary Space unless Landlord has additional unoccupied and uncommitted space available as of the date of such notice. The location of the Temporary Space in Building I will be designated by Landlord in Landlord’s sole discretion. Tenant will accept the Temporary Space in its “AS IS” and “WITH ALL FAULTS” condition and WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED except as expressly stated in this Lease. Tenant’s occupancy of the Temporary Space will be on all of the terms and conditions of this Lease except that (i) the term of Tenant’s occupancy of the Temporary Space will expire on first to occur of the date of occupancy of the Premises by Tenant, the Commencement Date or the date Tenant notifies Landlord in writing of the date Tenant no longer requires the Temporary Space and vacates the Temporary Space on or bef...

Early Occupancy Date will mean the date 30 days prior to the date of Substantial Completion as such date of Substantial Completion is projected by Landlord in good faith. On the Early Occupancy Date, the construction of the Building and the Leasehold Improvements relating to the Additional Premises will be completed to a degree which will allow the installation of Tenant's Lines (as defined in Section 4.5 hereof) without any undue delay or material adverse cost to Tenant; provided, however, that the Work in the Building and the Additional Premises may continue as of such date and such completion will not be deemed Substantial Completion (as defined in Section 1.33 hereof). Prior to the installation of Tenant's Lines, Landlord, Tenant and their respective representatives, will walk through the Building and the Additional Premises to determine the condition of space within the Building and the Additional Premises as of such date. Tenant will be responsible for all costs of repair of damage to the Building and the Additional Premises caused by Tenant, its employees, agents or contractors during the period between the Early Occupancy Date and the Term Commencement Date or the Effective Date (as defined in Section 1.1 of the Lease), as the case may be.

Examples of Early Occupancy Date in a sentence

• Evidence of that insurance must be delivered to Landlord prior to the Early Occupancy Date.

• All of the terms and conditions of this Lease will become effective upon the Early Occupancy Date except for the payment of Minimum Annual Rent and Additional Rent which will commence on the Commencement Date.

• All Real Property Taxes for the tax year in which the Early Occupancy Date and the Actual Commencement Date for Parking Lot occur and for the tax year in which this Lease terminates shall be apportioned and adjusted so that Tenant shall not be responsible for any Real Property Taxes for a period of time occurring prior to the Early Occupancy Date and the Actual Commencement Date for Parking Lot or subsequent to the expiration of the Lease term.

• Tenant will be granted three (3) months of Basic Rent Free Early Occupancy beginning the earlier of April 1,2004 or upon substantial completion of the Expansion Space Improvements ("Early Occupancy Date").

• Lessor shall permit Lessee to occupy the Premises on the Early Occupancy Date at Lessee's risk in order to perform Lessee's Work (defined in the Work Letter) attached hereto as Exhibit B and incorporated by reference herein) and, to the extent permitted under applicable laws, to deliver inventory to the Premises.

• The Premises shall be expanded to include the Must-Take Space on the date (the “Must-Take Space Commencement Date”) that is the earlier of (A) the date upon which Tenant first commences to conduct business in the Must-Take Space, and (B) the date that is ninety (90) days after the Must-Take Space Early Occupancy Date (as defined below).

• If Tenant takes possession of the Premises prior to the Commencement Date as aforesaid, Tenant shall immediately commence payment of the full Science Hotel® Services Fee as of the Early Occupancy Date, with no reduction.

• All terms and conditions of this Lease will become effective upon the Early Occupancy Date except for payment of Base Rent which will commence on February 1, 1999.

• The period between the Early Occupancy Date and the Commencement Date shall be referred to herein as the “Early Occupancy Period.” During the Early Occupancy Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes, but Tenant shall be obligated to pay for all utilities provided to the Office Premises during the Early Occupancy Period in accordance with Article 19 above.

• On the first to occur of the Commencement Date and the Early Occupancy Date, Sublessee shall pay to Sublessor the sum of One Hundred Forty Thousand Nine Hundred Sixty Five Dollars ($140,965.00), which shall be applied to Base Rent for the first full calendar month following the sixty-first (61st) day after the Commencement Date.

More Definitions of Early Occupancy Date

Early Occupancy Date will mean the date indicated on the Construction Schedule, as updated from time to time with notice to, and the consent of Tenant, on which construction of the Facility will be completed to a degree which will allow the installation of Tenant's FF&E (as defined in Section 4.5 hereof) conveniently to Tenant's role in Operation Qualification, Operation/Performance Completion and Performance Qualificationand without any undue delay or material adverse cost to Tenant; provided, however, that the Work may continue as of such date and such completion will not be deemed Substantial Completion. Prior to the installation of Tenant's FF&E, Landlord, Tenant and their respective representatives, will walk through the Facility to determine the condition of space within the Facility as of such date.

Early Occupancy Date means (and shall occur on) the date Landlord notifies Tenant in writing that Landlord has advanced the Commencement Date Conditions sufficiently to allow Tenant to engage in the installation and testing of Equipment and other Tenant’s Personal Property in the Datacenter Space and makes the Datacenter Space available to Tenant for such purposes.

Early Occupancy Date means that date that is the later to occur of October 1, 2005, and five (5) days after the date that the TI Work is substantially completed pursuant to the Work Letter.

Early Occupancy Date means the date on which Landlord delivers early access of the Premises to Tenant. 1.12 "Expiration Date" shall have the meaning set forth in Section 4. 1.13 "HV AC" shall have the meaning set forth in Section 9.2. 1.14 "BY AC Maintenance Contract" shall have the meaning set forth in Section 92. 1.15 ''HV AC System" shall have the meaning set forth in Section 9.2. 1.16 "Insurance Costs" shall mean the cost of fire, extended coverage, boiler, sprinkler, apparatus, general comprehensive liability, property damage, rent, earthquake and other insurance as Landlord carries with respect to the Property, including the amounts of any deductible payment for such insurance incurred by Landlord in connection with any claim thereunder 1.17 "Landlord's Address": c/o Seagis Property Group LP 1▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: C▇▇▇▇▇▇ ▇. ▇▇▇ 1.18 "Landlord Repair Work" shall have the meaning set forth in Section 9.4. 1.19 "Landlord's Work" shall mean those improvements described on Exhibit G and to be performed by Landlord at Landlord's sole cost and expense and not included in Operating Expenses. 1.20 "Lease Interest Rate" shall mean 300 basis points in excess of the Prime Rate in effect from time to time. 1.21 "Operating Expenses" shall have the meaning set forth in Section 6.1. 1.22 "Permitted Use" shall mean only use for warehousing, distribution, ancillary office and administrative uses, and any lawful use ancillary thereto, but subject in all events to Section 7. 1.23 "Premises" shall mean the approximately 24,110 square foot area contained in the Building as depicted on the Site Plan. -2-

Early Occupancy Date has the meaning given in Section 28.D.;

Early Occupancy Date means the date upon which the Tenant Improvements in the Office Premises are Substantially Complete in accordance with the Work Letter Agreement. The period between the Early Occupancy Date and the Commencement Date shall be referred to herein as the “Early Occupancy Period.” During the Early Occupancy Period, Tenant shall have no obligation to pay Basic Rent, Operating Expenses or Real Property Taxes, but Tenant shall be obligated to pay for all utilities provided to the Office Premises during the Early Occupancy Period in accordance with Article 19 above. All other terms and provisions of this Lease shall apply to the Office Premises both during the Early Occupancy Period and thereafter.