Expansion Premises Commencement Date shall be the earlier to occur of (x) July 12, 2011 and (y) the termination of the Poniard Lease. From time to time, upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Current Premises Commencement Date, the Expansion Premises Commencement Date and the expiration date of the Term, or whichever of such dates have then been established, when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above in the Basic Lease Provisions and any Extension Term which Tenant may elect pursuant to Section 40 hereof. Notwithstanding anything to the contrary herein, (a) until the Current Premises Commencement Date, the “Premises” shall not include the Current Premises and Tenant’s Share of Operating Expenses shall not include the share allocated to the Current Premises and (b) until the Expansion Premises Commencement Date, the “Premises” shall not include the Expansion Premises and Tenant’s Share of Operating Expenses shall not include the share allocable to the Expansion Premises. Notwithstanding anything to the contrary in this Lease, if the Current Premises Commencement Date occurs before April 1, 2010 or the Expansion Premises Commencement Date occurs before July 12, 2011, Tenant shall not be required to pay rent under this Lease with respect to the Current Premises or the Expansion Premises, as applicable, for any period for which Tenant paid rent for the same under the Poniard Sublease or the Nodality Sublease, as applicable.
Expansion Premises Commencement Date shall be the date that Landlord Delivers the Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date and the expiration date of the Lease in substantially the form of the “Acknowledgement of Commencement Date” attached to the Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. Except as otherwise set forth in this First Amendment: (i) Tenant shall accept the Expansion Premises in their condition as of the Expansion Premises Commencement Date, subject to all applicable Legal Requirements; (ii) Landlord shall have no obligation for any defects in the Expansion Premises; and (iii) Tenant’s taking possession of the Expansion Premises shall be conclusive evidence that Tenant accepts the Expansion Premises and that the Expansion Premises were in good condition as of the Expansion Premises Commencement Date. Except as otherwise provided in this First Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Expansion Premises, and/or the suitability of the Expansion Premises for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Expansion Premises are suitable for the Permitted Use.
Expansion Premises Commencement Date means the earlier of (i) the date that Landlord delivers the Expansion Premises to Tenant or (ii) the date Tenant conducts any business in the Expansion Premises or any part thereof. It is estimated that the Expansion Premises Commencement Date will occur on March 1, 2011 (the “Estimated Expansion Premises Commencement Date”). If Landlord fails to timely deliver the Expansion Premises to Tenant on or before the Estimated Expansion Premises Commencement Date, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and the Lease shall not be void or voidable. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date when such is established in the form of the “Acknowledgement of Expansion Premises Commencement Date” attached to this First Amendment as Exhibit B; provided, however, Tenant's failure to execute and deliver such acknowledgment shall not affect Landlord's rights hereunder.
Examples of Expansion Premises Commencement Date in a sentence
Landlord shall use reasonable efforts to deliver the Expansion Premises to Tenant on or before the Target Expansion Premises Commencement Date.
The Expansion Premises Amenities Fee shall be increased annually on each anniversary of the Expansion Premises Commencement Date by 3%.
Notwithstanding the foregoing, if Landlord does not deliver the Expansion Premises to Tenant within 180 days following the Target Expansion Premises Commencement Date for any reason other than Force Majeure delays, Tenant shall have the right to terminate its leasehold obligations with respect to the Expansion Premises only, by written notice to Landlord (the “Delay Notice”).
Commencing on the Expansion Premises Commencement Date, the provisions of Section 41 of the Original Lease, including the ratio for fitness passes contained therein, shall apply to the entire Premises (including the Expansion Premises), except that the Amenities Fee payable by Tenant with respect to the Expansion Premises shall be equal to $0.20 per rentable square foot of the Expansion Premises per month (the “Expansion Premises Amenities Fee”).
Commencing on the Expansion Premises Commencement Date, Tenant’s Share of Operating Expenses of Building shall be 11.75% and shall be payable by Tenant in accordance with Section 5 of the Original Lease; provided, however, Section 5(s) of the Original Lease shall not be applicable with respect to the Expansion Premises.
More Definitions of Expansion Premises Commencement Date
Expansion Premises Commencement Date means the earlier of (i) the date that Tenant commences business from any portion of the Expansion Premises; or (ii) December 1, 2017.
Expansion Premises Commencement Date shall be the date that Landlord delivers the Expansion Premises to Tenant.
Expansion Premises Commencement Date or “EPCD”). Notwithstanding the Expansion Premises Commencement Date, Tenant will be permitted access to the Expansion Premises one (1) business day after the Effective Date. Such early access to the Expansion Premises shall be subject to the terms and conditions of this Lease, except that Tenant shall not be required to pay Base Rental and Tenant’s Additional Rent for any days of such early access; provided however, Tenant shall pay for the cost of any other Building services requested by Tenant. As of the Effective Date, any reference in this First Amendment or the Original Lease to the “Premises” shall mean and include the Original Premises and the Expansion Premises. The Term of the Lease applicable to the entire Premises expires on January 15, 2023, unless sooner terminated as otherwise provided in the Lease.
Expansion Premises Commencement Date means the date that Landlord delivers possession of the Expansion Premises to Tenant, free and clear of personal property and occupants; provided that Landlord shall not be required to deliver free and clear of Existing Tenant’s occupancy if Tenant gives Landlord notice not less than ten (10) days prior to the Expansion Premises Date that Tenant and Existing Tenant have entered into a sublease agreement as more particularly described below in Section 8 of this Third Amendment. Landlord and Tenant acknowledge and agree that the Expansion Premises Commencement Date is currently anticipated to occur on October 1, 2017, however since the Expansion Premises is currently occupied by Crate Services, Inc., a Georgia corporation (“Existing Tenant”), delivery of the Expansion Premises may be delayed by Existing Tenant’s unauthorized holdover in the Expansion Premises. Landlord covenants and agrees to use commercially reasonable efforts to deliver the Expansion Premises to Tenant as soon as is reasonably practicable.
Expansion Premises Commencement Date means the earlier of (i) the date that Tenant first commences to conduct business in any portion of the Initial Expansion Premises, or (ii) the date of substantial completion (as defined in the Tenant Work Letter attached to the Original Lease as Exhibit "D" (the "Work Letter Agreement")) of the tenant improvements to be constructed by Landlord in the Initial Expansion Premises pursuant to the Work Letter Agreement. Upon Tenant's occupancy of each of the Initial Expansion Premises and the Second Must Take Space, Landlord and Tenant agree to execute and deliver a Commencement Letter in a form substantially similar to that attached to the Original Lease as Exhibit "C". The term of Tenant's lease of the Expansion Premises (the "Expansion Term") shall commence on the Expansion Premises Commencement Date and shall expire upon the Expiration Date (defined below).
Expansion Premises Commencement Date means the date 150 days after Landlord delivers possession of the Expansion Premises to Tenant.
Expansion Premises Commencement Date means and refer to the earlier of: (a) the date the Expansion Premises are substantially complete in accordance with all plans and specifications, are deemed to be ready for Tenant's occupancy as determined by Landlord, and possession is delivered to Tenant; or (b) January 1, 1999.