Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Virtual Radiologic CORP), Lease Agreement (Virtual Radiologic CORP)
Possession. Except as otherwise provided, The Landlord shall deliver agrees to use reasonable efforts to have the Leased Premises completed and ready for possession of the Premises on or before the date hereinabove specified for commencement Commencement Date barring strikes, insurrection, acts of God and other casualties or unforeseen events beyond the control of the TermLandlord. If Landlord is unable to give possession of the Leased Premises on the Commencement Date by reason of the holding over of any prior Tenant or Tenants, but delivery incomplete construction, or for any other reason excluding the unavailability of possession prior funds or financing, or unless the same shall result from causes attributable to such commencement date the Tenant, an abatement or diminution of the rent to be paid hereunder, for the period of time Landlord is unable to give possession, shall not affect be allowed Tenant and the expiration date term of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of extended beyond the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated agreed expiration date by the number of days possession was delayed and said abatement of such delay, and rent shall be the rentals shall commence the same as if occupancy had been taken by Tenant. Prior full extent of Landlord’s liability to the commencement of the Term, Landlord shall have no responsibility or liability Tenant for any loss or damage to fixturesTenant on account of said delay in obtaining possession of the Leased Premises except Landlord’s gross negligence. If, facilities or equipment installed or left on and only if, the Premises. By occupying the Leased Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” been tendered within thirty sixty (3060) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of Commencement Date specified in this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that either Landlord or Tenant shall have no obligation the right to pay terminate this Lease after fifteen (15) days’ written notice to the Minimum Rental, Real Estate Taxes or Operating Expenses until other party. Neither Landlord nor Tenant shall have the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date right to terminate this Lease pursuant to this Paragraph 3 if Landlord tenders Possession of the Term. Tenant shall also pay the charges for all utilities furnished Leased Premises in tenantable condition as required by Paragraph 4 hereof at any time prior to the Premises during Tenant’s early-access periodexercise of its termination right hereunder. In the event neither Landlord nor Tenant has terminated the Lease as provided herein, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease Commencement Date shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentextended by one (1) day for each day beyond the stated Commencement Date delivery of possession has been delayed.
Appears in 3 contracts
Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord reasonably attempt to deliver possession of the Premises by within one hundred twenty (120) days of Lease execution, the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the anticipated date of commencement (the “Anticipated Commencement Date”). If Landlord should be unable to deliver possession of the Term Premises to the Tenant on the Anticipated Commencement Date or thereafter for any reason, Landlord shall not be subject to any liability, claims or damages for failure to give possession on said date and this Lease shall extend not be terminated or terminable by reason of such delay. Under such circumstances, the termination date by periods equal rent reserved and covenanted to those which be paid herein shall have elapsed between and including not commence until the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if tendered by Landlord shall which may be delayed in confirmed by Landlord’s delivery of the Premises notice to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or that possession has been delivered following substantial completion of the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of TenantImprovements, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delayprovided, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that in the termination date shall be event any delay in tendering possession to the last day of a calendar month, which date shall Tenant or in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s taking occupancy of the Premises beyond the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum RentalAnticipated Commencement Date is caused by any act, the rentable square footage delay or omission of the PremisesTenant, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premisesits employees, at Tenant’s own riskagents, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Termcontractors or invitees, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation remain obligated to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until commence paying rent hereunder beginning on the earlier to occur of (i) the date Tenant occupies the Premises and begins conducting business therefrom Anticipated Commencement Date or (ii) the commencement date the Landlord tenders possession of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant. If permission is given to the Tenant to enter into possession of the Premises, or to occupy space other than the Premises prior to the Anticipated Commencement Date Tenant covenants and its contractors for Tenant fit-up work by not later than April 15agrees that such occupancy shall be deemed to be under all the terms, 2004 covenants and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all conditions of the provisions of this Lease Lease, and that the Rent shall commence on such date. Tenant covenants and agrees to execute and deliver such documentation as Landlord may reasonably require confirming the Commencement Date and such other matters as Landlord or any lender may reasonably request. In addition, Landlord may elect to send a letter establishing the Commencement Date (if not a specific calendared date under Section 2.1), which shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentbinding for all purposes unless Tenant sends written notice of objection within five (5) business days of receipt.
Appears in 3 contracts
Samples: Office Lease, Office Lease (Technest Holdings Inc), Office Lease (Technest Holdings Inc)
Possession. Except as otherwise provided, (a) Landlord shall deliver possession of construct the improvements to the Leased Premises as set forth on the Addendum attached hereto. If the Leased Premises are not available or ready for occupancy on or before the commencement date hereinabove specified for commencement set forth and if such unavailability or unreadiness is not occasioned or caused by Tenant (such as Tenant's failure promptly to approve plans, make material or color selections, make improvements to the Leased Premises which are to be made by Tenant, or make other decisions or take other actions necessary to the preparation of the TermLeased Premises for occupancy), but delivery of possession prior to such commencement date shall not affect then the expiration date term of this Lease Agreement. Failure of Landlord to deliver possession shall commence on (a) the 15th day of the Premises by month in which Landlord provides notice to Tenant on or before the date hereinabove 5th day of such month that Substantial Completion has been obtained as to the Leased Premises, or (b) the 1st day of the month next following delivery of a notice to Tenant on or after the 6th day of a month that Substantial Completion has been obtained as to the Leased Premises; provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherhowever, that if the Substantial Completion is delayed for more than sixty (60) days beyond the anticipated commencement date of January 1, 1996 by reason of events within the control of Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in and not occasioned or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed entitled to have accepted one (1) day of free rent for each and every day of delay beyond the same and to have acknowledged that sixty (60) day period. If the Premises are in day upon which the condition required by term of this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason commences shall fall on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term term of this Lease Agreement, shall run for the commencement date unexpired portion of the Term shall become and be such calendar month plus seven (7) years beginning with the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordinglynext ensuing; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute pay rent as herein established on a ratification agreement which shall set forth the final commencement and termination dates pro rata basis for the Term and shall acknowledge portion of month from the Minimum Rental, the rentable square footage date of commencement of the Premisesterm to the first of the month immediately succeeding. If the Leased Premises are not Substantially Complete and ready for occupancy on or before September 1, 1996, and delivery of the Premises in the condition required if such delay is expressly not occasioned or caused by Tenant, then Tenant may terminate this Lease Agreement. Tenant shall at all reasonable times from upon written notice to Landlord and after the date that is 14 days prior each party will thereafter be relieved of any further obligation or liability to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay renthereunder.
Appears in 2 contracts
Samples: Lease (American Homepatient Inc), Lease (American Homepatient Inc)
Possession. Except Possession of the Leased Premises or Subleased Space, as applicable, shall be delivered to the Applicable BURLINGTON Entity on the date for such Leased Premises set forth on Exhibit T hereto (each a “Possession Date”) free of all tenancies and occupants (other than as listed on Exhibit B-1 hereof) in broom clean condition, with all personal property and trade fixtures removed, and otherwise providedin substantially the same or better condition than it was on June 1, Landlord 2007, reasonable wear and tear excepted. In addition, as to any Lease where VCDS or SSC is obligated to perform any work to prepare the Leased Premises, for occupancy by Tenant, as set forth in Exhibit U hereof (“Landlord’s Work”), the Landlord’s Work shall deliver have been substantially completed by the respective Possession Date. On the applicable Possession Date, the Applicable BURLINGTON Entity shall take possession of each respective Leased Premises or Subleased Space, as applicable, and shall accept each Leased Premises or Subleased Space, as applicable, in such condition or better than it was on June 1, 2007, reasonable wear and tear excepted. In the Premises on or before event the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord applicable VCDS Tenant fails to deliver possession of any Leased Premises or Subleased Space, as applicable, to BURLINGTON on the applicable Possession Date in the condition provided in this Section 9.4, all personal property within the Leased Premises by the date hereinabove providedor Subleased Space, due to a holding over as applicable, except that owned by a prior tenantsublessee then in possession of a portion of the Leased Premises or Subleased Space, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of Godas applicable, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delaydeemed abandoned, and the rentals shall commence Applicable BURLINGTON Entity may retain, sell or otherwise dispose of the same as if occupancy had been taken by Tenant. Prior at its sole discretion, and VCDS shall pay to BURLINGTON an amount equal to the commencement of out-of-pocket costs and expenses incurred by the TermApplicable BURLINGTON Entity in placing the Leased Premises or Subleased Space, Landlord shall have no responsibility or liability for loss or damage to fixturesas applicable, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written Section 9.4 (the “punch list” Cure Amount”) within thirty ten (3010) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation an invoice therefor to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges BURLINGTON for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentsuch costs.
Appears in 2 contracts
Samples: Indemnification Agreement (Burlington Coat Factory Warehouse Corp), Acquire Leases and Lease (Retail Ventures Inc)
Possession. Except as otherwise providedexpressly set forth herein, in no event shall Landlord be obligated to incur any fee, cost, expense or obligation, nor to prosecute any legal action or proceeding, in connection with the delivery of any Expansion Space to Tenant nor shall Tenant’s obligations under the Lease with respect to the Premises or the Expansion Space in question be affected thereby, except that if the prior tenant or occupant holds over in any Expansion Space beyond 45 days, Landlord shall deliver at its expense commence and diligently prosecute appropriate proceedings to recover vacant possession of the Premises on or before the date hereinabove specified for commencement of the Termsuch Expansion Space. Except as otherwise expressly set forth herein, but delivery of possession prior to such commencement date Landlord shall not affect the expiration date of be subject to any liability and this Lease Agreement. Failure of shall not be impaired if Landlord shall be unable to deliver possession of any Expansion Space to Tenant on any particular date. Tenant hereby waives any right to rescind the Premises by Lease under the provisions of Section 223-a of the Real Property Law of the State of New York, and agrees that the provisions of this Section 5(e) are intended to constitute “an express provision to the contrary” within the meaning of said Section 223-a. Landlord agrees that it shall not waive any rights it may have against any person or entity holding over in the Expansion Space, without any obligation to enforce any such rights. If Landlord fails to deliver vacant possession of any Expansion Space in accordance with the terms hereof prior to 9 months after the date hereinabove providedwhich is the anticipated Expansion Space Commencement Date (as set forth in the applicable Expansion Space Notice) (an “Outside Expansion Space Delivery Date”), due Tenant shall have the right at any time thereafter in respect of such Expansion Space, as its sole and exclusive remedy therefor (subject to a holding over by a prior tenant, or any other cause beyond Landlord’s controlobligation to re-offer such space to Tenant as detailed below), or time required for construction delays due to labor or material shortagescancel the Lease in respect of such Expansion Space by giving notice of cancellation to Landlord. If Tenant timely delivers the aforesaid cancellation notice, strikes, or acts the Lease in respect of God, such Expansion Space shall automatically postpone terminate 30 days after the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which such notice, unless Landlord delivers vacant possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are Expansion Space in the condition required by this the Lease Agreementwithin 30 days after Tenant gives such cancellation notice (or, except items if Landlord obtains possession of such Expansion Space within the 30-day period after Tenant gives such cancellation notice, within 30 days after Landlord obtains possession of such Expansion Space), in which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of case Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term cancellation notice shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, void and the termination date Lease in respect of such Expansion Space shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be continue in full force and effect during this early occupancy periodeffect. If Tenant shall terminate the Lease in respect of any Expansion Space as provided above and Landlord subsequently obtains possession of the applicable Expansion Space, except Tenant’s obligation Landlord shall promptly offer in writing the applicable Expansion Space to pay rentTenant and Tenant shall have 30 days (or 15 days, if Landlord obtains possession of such Expansion Space within 90 days after Tenant gives such cancellation notice) within which to exercise the Expansion Option in respect of such Expansion Space upon the same terms applicable to its initial exercise of the Expansion Option applicable to such Expansion Space.
Appears in 2 contracts
Samples: Lease (Lazard Group LLC), Lease (Lazard LTD)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term of this Lease Agreement and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. The rentals herein reserved shall commence on the first day of the Term, provided, however, in the event of any occupancy by Tenant prior to the beginning of the Term, such occupancy shall in all respects be the same as that of a tenant under this Lease Agreement, and the rental shall commence as of the date that Tenant enters into such occupancy of the Premises. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, or by Tenant’s failure to pay for the costs of the Tenant Improvements requested by Tenant subsequent to approval of the Plans, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 A‑3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 2 contracts
Samples: Lease Agreement (Mathstar Inc), Lease Agreement (Mathstar Inc)
Possession. Except as otherwise provided, Landlord shall deliver possession of In the event the Premises shall not be completed and ready for occupancy on or before the date hereinabove specified fixed for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term or in the event Landlord is unable to deliver possession by tenant or occupant, this Lease shall nevertheless continue in full force and effect but rent (including Additional Rent) shall extend xxxxx until the termination date by periods equal Premises are ready for occupancy or until the Landlord is able to those which deliver possession, as the case may be, and the Landlord shall have elapsed between and including the date hereinabove specified for commencement no other liability whatsoever on account thereof; provided, however, there shall be no abatement of the Term hereof and the date on which possession of rent if the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery are not ready for occupancy because of the Premises to Tenant due to delays resulting from Tenant’s failure to agree to complete the Plansinstallation of special equipment, changes in fixtures, or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken materials ordered by Tenant. Prior The Premises shall not be deemed incomplete or not ready for occupancy if only insubstantial details of construction, decoration or mechanical adjustments remain to the commencement be done. The determination of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant Landlord’s architect shall be conclusively deemed final and conclusive on both Landlord and Tenant as to have accepted the same and to have acknowledged that whether the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and ready for which occupancy. If Tenant has given Landlord a written “punch list” within thirty (30) days shall take possession of Tenant’s first occupancy any part of the Premises, except for latent defects. Should Premises prior to the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be fixed above as the first day of the first full calendar month following Term (which Tenant may not do without Landlord’s prior written consent, all of the date when Tenant’s rental obligation commences, or covenants and conditions of this Lease shall be binding upon the parties hereto with respect to such part of the Premises as if the first day of the first full calendar month following Term has been fixed as the commencement date set out in Article 1 (if when Tenant entered such is other than the first date of a calendar month)possession and provided, whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates not pay to Landlord any Rent for the Term period of such use and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days occupancy prior to the commencement date first day of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease. This Lease including carrying the insurance specified by the Leaseshall, as if the Term had already commencedin any event, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) terminate on the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be set forth in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentSection 1 hereof.
Appears in 2 contracts
Samples: Paylocity Holding Corp, Paylocity Holding Corp
Possession. Except as otherwise provided, Landlord shall deliver possession Possession of the Premises Property, subject to the Resident Agreements, Assigned Contracts, and Permitted Exceptions, shall be delivered to Purchaser at the Closing upon release from escrow of all items to be delivered by Purchaser pursuant to the terms of Section 5.3. Seller and Existing Operator shall make available to Purchaser at the Property (or at such other location agreed upon by the parties) on the Closing Date originals or before the date hereinabove specified for commencement copies of the TermResident Agreements, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove providedAssigned Contracts, due to a holding over by a prior tenantlease files, or any other cause beyond Landlord’s controlwarranties, or time required for construction delays due to labor or material shortagesguaranties, strikesoperating manuals, or acts of God, shall automatically postpone the date of commencement of the Term keys and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered access codes to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delayproperty, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same Seller’s and to have acknowledged Existing Operator’s books and records (other than proprietary information) that the Premises are in the condition possession of Seller or Existing Operator or are located at the Facilities (collectively, “Seller’s Property-Related Files and Records”) exclusively relating to the Property. Purchaser agrees, for the applicable period required by this Lease Agreementlaw, except items but in no event less than one (1) year after the Closing (the “Records Hold Period”), to (a) provide and allow Seller and Existing Operator reasonable access, upon reasonable prior written notice and during standard business hours, to Seller’s Property-Related Files and Records for purposes of inspection and copying thereof (which are shall be at Seller’s and Existing Operator’s sole cost and expense), and (b) reasonably maintain and preserve Seller’s Property-Related Files and Records. If at any time during the two (2) year period following the Records Hold Period, Purchaser desires to dispose of Seller’s Property-Related Files and Records, Purchaser shall first provide Seller not in compliance with Exhibit A-3 and for which Tenant has given Landlord less than thirty (30) days’ prior written notice (the “Records Disposal Notice”). Seller shall have a written “punch list” within period of thirty (30) days of Tenant’s first occupancy after receipt of the PremisesRecords Disposal Notice, except for latent defects. Should upon reasonable prior written notice and during standard business hours, to enter the commencement Property (or such other location where such records are then stored) and remove or copy those of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in Seller’s Property-Related Files and Records that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 Seller desires to retain (if such is other than the first date of a calendar month), whichever date is later, and the termination date which shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenantat Seller’s occupancy of the Premises the Landlord sole cost and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentexpense).
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Griffin-American Healthcare REIT IV, Inc.), Purchase and Sale Agreement (Griffin-American Healthcare REIT IV, Inc.)
Possession. Except Taking possession by Lessee shall be conclusive evidence as otherwise provided, Landlord shall deliver possession against Lessee that the premises were in good order and satisfactory condition when Lessee took possession. No representation respecting the condition of the Premises on premises or before the Building has been made by Lessor to Lessee unless contained herein; and no promise of Lessor to prepare, alter, or improve the premises for Lessee's use and occupancy shall be binding upon Lessor unless contained herein or in Lessor's Work Letter, which Work Letter, if any, has been signed by Lessor and Lessee and is attached hereto and made a part hereof. If Lessor is required to perform any space preparation work in the premises pursuant to a Work Letter, Lessee's obligation to pay the rent reserved hereunder shall commence upon the date hereinabove that Lessor has substantially completed the work specified therein and has so notified Lessee, in writing, or if Lessor's space preparation work has been delayed due to an act or omission of Lessee, then at such earlier dare as the work would have been completed but for commencement of the Term, but delivery of possession prior to such commencement act or omission. If such date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely the rent for such month shall be prorated on a per-diem basis. If, with Lessor's consent, Lessee is allowed to occupy or enter the purposes of computing premises prior to the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day commencement of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions term of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) then all provisions of this Lease hereof shall be in full force and effect during as soon as Lessee occupies the premises, and Lessee shall immediately commence paying rent on a per-diem basis to the date of commencement of the term. If Lessor shall be unable to deliver possession of the premises on the date of the commencement of the term hereby created because of the holding over of any tenant, or tenants, or for any other cause beyond Lessor's reasonable control, then the payment of rent shall not commence until the date possession of the premises is delivered to Lessee. Lessee agrees to accept such allowance and abatement of rent as liquidated damages, in full satisfaction for the failure of Lessor to deliver possession on the date of the commencement of the term, and to the exclusion of all claims and rights which Lessee might otherwise have by reason of delivery of possession not being made on that date. Failure to deliver possession on the date of commencement of the term shall not, in any event, extend or be deemed to extend, the term of this early occupancy periodLease. Unfinished extra work, if any, undertaken by Lessor for Lessee shall not be considered in determining the date of delivery of possession to Lessee. This Lease does not grant any possessory or other rights to light or air over property except Tenant’s obligation over public streets kept open by public authority, and Lessor shall not be liable to pay rentLessee for any expense, injury, loss, or damages resulting from work done in or upon, or by reason of the use of, any adjacent or nearby building, land, street, or alley.
Appears in 2 contracts
Samples: Lease Agreement (Kids Stuff Inc), Lease Agreement (Havana Group Inc)
Possession. Except as otherwise provided, Landlord shall deliver Vendor grants to Vendee the possession of said real property, for the Premises on term of this agreement, or before until the date hereinabove specified for commencement earlier termination of this agreement. Vendor hereby reserves the Termright, but delivery power and authority to collect the rents, issues and profits of possession said real property. However, Vendor assigns to Vendee the right, prior to any default by Xxxxxx in payment of any indebtedness secured hereby, or in performance of any agreement hereunder, to collect and retain such commencement date rents, issues and profits as they become due and payable. Upon any such default, Vendor may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his or her own name, sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Vendor may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof, as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. RISK OF LOSS Xxxxxx assumes all hazards of damage to or destruction of any improvements now or hereafter placed upon said real property and of taking of such real property or any part thereof for public use, and agrees that no such damage, destruction or taking shall constitute a failure of consideration under this contract. Any award of damages from any taking for public use, or from any damage to said real properly or any part thereof is assigned to Vendor with the right to apply or release such monies in the same manner and effect as provided for disposition of proceeds of fire insurance. Xxxxxx does hereby indemnify Vendor and Trustee against any and all claims by third parties for personal injury or property damage, and agrees to provide public liability insurance on the premises in an amount not less than $ naming Vendor as an additional insured. TO PROTECT XXXXXX'S SECURITY INTEREST, XXXXXX AGREES: To keep said property in good condition and repair, preserve thereon the buildings, complete construction begun, restore damage or destruction, and pay the cost thereof; to commit or permit no waste, no violation of laws or covenants or conditions relating to use, alterations or improvements; to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which the character and use of said property and the estate or interest in said property secured by this agreement may require to preserve this security. To provide, maintain and deliver to Vendor fire insurance satisfactory to and with loss payable to Vendor. The amount collected under any fire or other insurance policy may be applied by Vendor upon any indebtedness secured hereby and in such order as Vendor may determine, or Vendor may release all or any part thereof to Vendee. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. To appear in and defend any action or proceeding purporting to affect the expiration date security hereof, or the rights or powers of Vendor or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceedings in which Vendor or Trustee may appear. To pay, at least ten days before delinquent, all taxes and assessments affecting said property, including assessments on appurtenant water stock when due, as well as all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto, except as agreed to be paid by Vendor, all costs, fees and expenses of this Lease Agreementagreement. Failure of Landlord Should Vendee fail to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or make any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenantpayment, or to install fixturesdo any act as herein provided, facilities then Vendor, but without obligation to do so and without notice to or equipmentdemand upon Vendee and without releasing Vendee from any obligation hereof, may make or to perform finishing work, Tenant shall be conclusively deemed to have accepted do the same in such manner and to such extent as Vendor may deem necessary to protect the security hereof. Vendor is authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Vendor or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. To pay immediately and without demand all sums so expended by Vendor, with interest from date of expenditure, at ten percent per annum. XXXXXX AGREES: Upon the performance in full by the Vendee, to execute and have acknowledged that the Premises are a Xxxxx Xxxx, in the condition required by this Lease Agreementrecordable form, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premisesreal property described in this agreement, except for latent defects. Should vesting the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then fee title in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commencesVendee, or the first day Vendee's successors or assigns, subject only to the liens to be paid by the Vendee and such other encumbrances accepted, made by or suffered by the Vendee, and to deliver such deed as directed by the Vendee, or his or her successors or assigns. To pay Vendee any transfer tax required by law. During the existence of this contract, and upon the written demand of the first full calendar month following Vendee or his or her authorized agent made at any time before or within two months after the commencement date set out in Article 1 (if such is other than the first date recording of a calendar month)notice of default under this contract, whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 or thirty days prior to the commencement date entry of a judgment for the enforcement of this contract, and upon the payment not to exceed sixty dollars ($60.00) therefor, to cause to have prepared and delivered to the person demanding it within twenty-one (21) days of the Term have access receipt of the demand, a written statement materially setting forth the information required to be supplied by a mortgage or beneficiary by California Civil Code section 2943. To keep current all payments due the underlying Deed(s) of Trust. DEFAULT AND ACCELERATION Time is of the essence in the payments agreed to be paid Vendor, and the performance of the agreements made for the protection of the Vendor's security, and should Vendee fail to make such payment or tender such performance when due, such failure shall constitute a default. Upon the occurrence of any such default, Vendor may declare all sums secured unto Vendor by this agreement immediately due and payable. ELECTION TO SELL Upon the election by Vendor to proceed by Trustee's Sale, Vendor may elect to declare all sums immediately due and payable by delivering to the Premises, at Tenant’s own risk, expense Trustee a written declaration of default and responsibility, demand for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions sale; Vendor's copy of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s workagreement; and (b) all provisions of documents evidencing expenditures by Vendor, secured by this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentagreement.
Appears in 2 contracts
Samples: www.cltcsales.com, cltcwireless.com
Possession. Except as otherwise providedUpon the occurrence and during the continuance of a Default, Landlord shall deliver Collateral Agent is authorized prior or subsequent to the institution of any foreclosure proceedings to enter upon the Property, or any part thereof, and to take possession of the Premises on Property and of all books, records and accounts relating thereto and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or before the date hereinabove specified for commencement preservation of the TermProperty, but delivery including the right to rent the same for the account of possession prior Grantor and to deduct from such commencement date shall rents all reasonable costs, expenses and liabilities of every reasonable character incurred by Collateral Agent in collecting such rents and in managing, operating, maintaining, protecting or preserving the Property and to apply the remainder of such rents on the Secured Indebtedness in such manner as Collateral Agent may elect. All such costs, expenses and liabilities incurred by Collateral Agent in collecting such rents and in managing, operating, maintaining, protecting or preserving the Property, if not affect the expiration date paid out of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date rents as hereinabove provided, due to shall constitute a holding over demand obligation owing by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, Grantor and shall automatically postpone bear interest from the date of commencement expenditure until paid at a rate of interest per annum equal to the Default Rate, all of which shall constitute a portion of the Term Secured Indebtedness. If necessary to obtain the possession provided for above, Collateral Agent may invoke any and shall extend the termination date by periods equal all legal remedies to those which shall have elapsed between dispossess Grantor, including specifically one or more actions for forcible entry and including the date hereinabove specified for commencement of the Term hereof detainer, trespass to try title and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipmentrestitution. In connection with any action taken by Collateral Agent pursuant to this Paragraph 3.3, Collateral Agent shall not be liable for any loss sustained by Grantor resulting from any failure to let the Property, or any part thereof, or from any other act or omission of Collateral Agent in managing the Property, including without limitation, the negligence of Collateral Agent, unless such access prior loss is caused by the gross negligence or willful misconduct of Collateral Agent, and Collateral Agent shall not be obligated to perform or discharge any obligation, duty or liability under any lease agreement covering the commencement date Property or any part thereof or under or by reason of this instrument or the exercise of rights or remedies hereunder. Should Collateral Agent incur any such liability, the amount thereof, including reasonable costs, expenses and reasonable attorneys' fees, shall be secured hereby, and Grantor shall reimburse Collateral Agent therefor immediately upon demand. Nothing in this Paragraph 3.3 shall impose any duty, obligation or responsibility upon Collateral Agent for the control, care, management or repair of the TermProperty, Tenant or shall abide operate to make Collateral Agent responsible or liable for any waste committed on the Property or by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes any other parties or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom for any dangerous or (ii) the commencement date defective condition of the Term. Tenant shall also pay Property, or for any negligence in the charges for all utilities furnished management, upkeep, operation, repair or control of the Property resulting in loss or injury or death to the Premises during Tenant’s early-access periodany tenant, as reasonably estimated licensee, employee or stranger, unless such waste, dangerous or defective condition or injury or death is directly a result of gross negligence or willful misconduct by Landlord. Any other provision herein to the contrary notwithstandingCollateral Agent, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentjust Collateral Agent's own ordinary negligence.
Appears in 2 contracts
Samples: Security Agreement (Pillowtex Corp), Security Agreement (Pillowtex Corp)
Possession. Except That immediately upon the expiration or termination or cancellation of this agreement the Licensee shall vacate the said premises without delay with all his/her goods and belongings. In the event of the Licensee failing and / or neglecting to remove himself and / or his/her articles from the said premises on expiry or sooner determination of this Agreement, the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his/her belongings from the Licensed premises, without recourse to the Court of Law. FURNITURE AND APPLIANCES The said premises is having the Furniture and Appliances mentioned in the Schedule I. The licensee shall maintain the said Furniture and Appliances in the said premises in its existing condition and damage, if any, caused to the said Furniture and Appliances, the same shall be repaired by the Licensee/s at its own cost subject to normal wear and tear. The Landlord has provided names of the Equipments such as otherwise providedMicrowave, Landlord Oven, Refrigerator, Washing Machine & Air-conditioners at the “Demised Property” and servicing & repair will be the responsibility of the Tenant. That the Lessor shall, before handing over the said premises, ensure the working of sanitary, electrical and water supply connections and other fittings pertaining to the said premises. It is agreed that it shall deliver be the responsibility of the Lessor for their return in the working condition at the time of re-possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term said premises (reasonable wear and shall extend the termination date by periods equal to those which shall have elapsed between tear and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage by fire, flood, rains, accident, irresistible force or act of God excepted). That the Lessee shall use the said premises along with its fixtures and fitting in careful and responsible manner and shall handover the premises to fixturesthe Lessor in working condition (reasonable wear and tear and loss or damage by fire, facilities flood, rains, accidents, irresistible force or equipment installed or left act of God excepted). LOCK IN PERIOD Both the parties have agreed to set a lock-in period of [[Month(s)]] during which neither the licensor shall ask the licensee to vacate the premises, nor the licensee shall vacate the premises on his/her own during the Premiseslock-in period. By occupying In spite of this mandatory clause, if the Premises as a Tenantlicensee leaves the premises for whatsoever reason, or he shall pay to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that licensor license fee for the Premises are remaining lock-in period at the rate of agreed upon in the condition required by this Lease Agreementagreement. On the other hand, except items which are not in compliance with Exhibit A-3 Licensor shall compensate the Licensee for loss and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior inconvenience caused to the commencement date of Licensee if he has been asked to vacate the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.premises
Appears in 2 contracts
Samples: Leave and License Agreement, Commercial Property Rental Agreement
Possession. Except as otherwise providedIf Landlord, Landlord shall for any reason whatsoever, cannot deliver possession of said Premises to Tenant by the Premises on Anticipated Commencement Date, this Lease shall not be void or before voidable; no obligation of Tenant shall be affected thereby; nor shall Landlord or Landlord’s agents be liable to Tenant for any loss or damage resulting therefrom; but in that event the date hereinabove specified for commencement and termination dates of the TermLease, but delivery of possession prior and all other dates affected thereby shall be revised to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord conform to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement Landlord’s delivery of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove possession, as specified for commencement of the Term hereof and the date on which possession of the Premises is delivered in Paragraph 2B, above. The above, is, however, subject to the Tenant. Provided further, provision that if Landlord shall be delayed in the period of delay of delivery of the Premises shall not exceed 30 days from May 1, 2014 unless agreed to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to If Landlord concludes that the commencement delivery of the TermPremises will be subsequent to May 31, 2014, Landlord shall have no responsibility so notify Tenant and shall specify in Landlord’s notice the revised date of delivery (the “Revised Anticipated Commencement Date”) and Tenant must within 5 days from the date of notice either accept the Revised Anticipated Commencement Date or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premisescancel this Lease. By occupying If Landlord cannot subsequently deliver the Premises as a Tenantwithin 30 days of the Revised Anticipated Commencement Date, or to install fixturesTenant may cancel this Lease. In the event Tenant accepts the Premises after May 31, facilities or equipment, or to perform finishing work2014, Tenant shall be conclusively deemed given a day-for-day addition to have accepted the same Basic Rent abatement period for every day from May 31, 2014 until the Commencement Date. If Tenant, at its option, by written notice to Landlord, terminates this Lease, then Landlord shall return to Tenant all prepaid Basic Rent and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” Security Deposit within thirty ten (3010) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentnotice.
Appears in 2 contracts
Samples: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)
Possession. Except as otherwise provided, If Landlord shall deliver be unable to give possession of the Initial Premises on or before as described herein for any reason the date hereinabove specified for commencement of rent reserved and covenanted to be paid herein and the Term, but delivery of possession prior Commencement Date with respect to such commencement date the Initial Premises shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted occurred until the same and to have acknowledged that the Initial Premises are made available to Tenant. Rent reserved and covenanted to be paid herein for the Expansion Premises shall commence on the Commencement Date for the Expansion Premises as described in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy Lease. No failure to give possession of the Premises, except or any part thereof, shall subject Landlord to any liability for latent defects. Should failure to give possession nor shall same affect the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term validity of this Lease Agreement, or the commencement date obligation of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commencesTenant hereunder. The Premises, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month)any part thereof, whichever date is later, and the termination date shall not be adjusted accordingly; provided however, that the termination date shall deemed to be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after unready for Tenant’s occupancy or not substantially complete if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done or if the Premises delay in the Landlord and availability shall be due to special work, changes, alterations or additions required or made by Tenant shall execute a ratification agreement which shall set forth in the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage layout or finish of the Premises, and delivery or any part thereof, or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations, or shall be otherwise caused in whole or in part by delay and/or default on the Premises in part of Tenant. In the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior event of any dispute as to the commencement date of the Term have access to whether the Premises, at or any part thereof, are ready for Tenant’s own riskoccupancy, expense and responsibilitythe reasonable opinion of Landlord’s architect, for purposes of installing Tenantin the architect’s furnitureprofessional judgment, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force final and effect during this early occupancy period, except Tenant’s obligation to pay rentbinding on the parties.
Appears in 2 contracts
Samples: Office Lease (AveXis, Inc.), Office Lease (AveXis, Inc.)
Possession. Except as otherwise provided, Landlord shall deliver Tenant’s taking of possession of the Premises shall constitute Tenant’s acknowledgment that the Premises are in good condition and that all work and materials are satisfactory, except as to any defect or incomplete work that is described in a written notice given by Tenant to Landlord not later than the day Tenant takes possession of the Premises. Tenant and its agents shall have no right to make any alteration in the Premises until Tenant submits such written notice. At Landlord’s request, Tenant shall accompany Landlord to prepare the punch list on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver Tenant takes possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, Premises. Landlord will correct and complete those defects and incomplete items described in such notice which Landlord confirms are in fact defects or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts incomplete items within twenty (20) business days after compilation of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenantsuch punch list. Provided further, that if Landlord shall be delayed in delivery of the Premises use commercially reasonable efforts to Tenant due minimize disruption to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on business operations within the Premises. By occupying Table of Contents Initials of: Landlord: Tenant: Table of Contents EXHIBIT “D” ATTACHED TO AND MADE A PART OF THAT CERTAIN OFFICE LEASE AGREEMENT EXECUTED BY AND BETWEEN XXXXX REIT – BRIDGEWATER NJ, LLC, AS LANDLORD, AND DENDREON CORPORATION, AS TENANT, DATED JUNE , 2012 RULES AND REGULATIONS The following rules and regulations have been formulated for the Premises as safety and well-being of all tenants of the Building. Strict adherence to these rules and regulations is necessary to guarantee that every tenant will enjoy a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, safe and undisturbed occupancy of its premises. Any violation of these rules and regulations by Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required constitute a default by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Dendreon Corp)
Possession. Except as otherwise providedIf Landlord shall be unable to tender possession of the Demised Premises on the Commencement Date set forth in Section 1.2 by reason of: (a) the fact that the Demised Premises are located in a building being constructed and which has not been sufficiently completed to make the Demised Premises ready for occupancy; (b) the holding over or retention of possession of any tenant or occupant; (c) the Construction Improvements have not been substantially completed due to delays by Landlord; or (d) for any other reason beyond the control of Landlord, Landlord shall deliver not be subject to any liability for the failure to tender possession on said date. Under such circumstances the Base Annual Rent and Additional Rent reserved and covenanted to be paid herein shall not commence until possession of the Demised Premises is tendered to Tenant. No such failure to tender possession on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date Commencement Date set forth in Section 1.2 shall not in any other respect affect the expiration validity of this Lease or the obligations of Tenant hereunder, nor shall same be construed to extend the termination date of this Lease Agreementset forth in Section 1.2. Failure of Landlord to deliver possession In the event the actual Commencement Date does not occur within one (1) year of the Premises date this Lease is fully executed and delivered by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term Landlord and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delayLandlord, and the rentals shall commence the same as if occupancy had been taken by without further liability to Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage the right to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by terminate this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within upon thirty (30) days of prior written notice to Tenant’s first occupancy . If permission is given to Tenant to enter into possession of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Demised Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date specified as the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be subject to all of the Term have access to the Premisesterms, covenants, conditions and provisions of this Lease, and that Tenant shall be responsible for payment of Base Annual Rent, in advance, at Tenant’s own risk, expense and responsibility, the rate of 1/30th of the base monthly rent set forth in Section 1.3 for purposes each day of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access occupancy prior to the commencement Commencement Date, and Additional Rent set forth in Section 1.5 shall begin to accrue on such date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentpossession.
Appears in 2 contracts
Samples: Lease and Lease Extension Agreement (Otg Software Inc), Net2000 Communications Inc
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect At the expiration date or earlier termination of this Lease Agreement. Failure Lease, Tenant (and all persons claiming by, through or under it) shall, without the necessity of any notice, surrender to Landlord the Demised Premises (including any tenant work and all replacements thereof, except such additions or alterations constructed after the Commencement Date as Landlord may direct to deliver possession be removed in writing at the time of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s controlapproval thereof, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between be removed by Tenant and the Demised Premises restored to their pre-existing condition) and all keys to the Demised Premises, remove all of its trade fixtures and personal property not bolted or otherwise attached to the Demised Premises (and such trade fixtures and other property bolted or attached to the Demised Premises as Landlord may direct or, except as set forth below, as Tenant may desire), and all Tenant’s signs wherever located, in each case repairing damage to the Demised Premises which results in the course of such removal (including the date hereinabove specified for commencement filling of the Term hereof all floor holes and the date on which possession replacement of all damaged ceiling tiles). Tenant shall yield up the Demised Premises is delivered broom-clean and in good order, repair and condition, reasonable wear and tear and damage by casualty and taking (to the Tenant. Provided further, that if Landlord shall be delayed extent expressly provided in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are only) excepted. Any property not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” so removed within thirty (30) days of Tenant’s first occupancy after the expiration or termination of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided howeverdeemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement pay to Landlord the reasonable cost and expense incurred by it in effecting such removal and disposition and in making any required repairs to the Demised Premises. In no event, however, shall Tenant remove any of the following materials or equipment (which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rentalbe deemed Landlord’s property), the rentable square footage of the Premiseswithout Landlord’s prior written consent: any power wiring or wiring panels; lighting or lighting fixtures; doors, and delivery of the Premises windows, or wall coverings; drapes, blinds or other window coverings; installed carpets or other installed floor coverings; any built-in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and heating or air conditioning equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes ; fencing or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom security gates; or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentsimilar building operating equipment.
Appears in 2 contracts
Samples: Lease Agreement, Amended and Restated Lease Agreement (West Marine Inc)
Possession. Except as otherwise Prior to the occurrence of a Trigger Event, Tenant shall not be permitted to occupy or possess the Premises. Upon the occurrence of a Trigger Event, Tenant shall have the exclusive right to occupy and possess the Premises, subject to the terms and conditions contained herein, without further notice to Landlord; provided, Landlord however that such right shall deliver be deemed effectively exercised only if Tenant takes actual physical possession of the Premises on or before the date hereinabove specified for commencement within ninety (90) days after such Trigger Event, and only if Tenant is not in material default of the Term, but delivery Transportation Contract at the time of possession prior to such commencement exercise. The date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver that Tenant takes possession of the Premises pursuant to this Paragraph 3.2 is the "ELECTION DATE." Tenant shall not, without the prior written consent of Landlord, be permitted to install fixtures and equipment in the Premises; provided that Tenant shall at all times be permitted (but shall not be required, except to the extent required by law or by other express provisions of this Lease) to repair or replace any existing fixtures or equipment located in the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement Premises as of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement time of the Term hereof and the date on which Tenant's possession of the Premises is delivered without Landlord's consent; and further provided that Tenant shall be permitted (but shall not be required, except to the Tenantextent required by law or by other express provisions of this Lease) to install fixtures and equipment in the Premises that may be reasonably required for the purposes of the parties set forth in the Transportation Contract. Provided further, that if Landlord Any work done by Tenant shall be delayed done in delivery of such a manner as will not interfere with the Premises to Tenant due to Tenant’s failure to agree Landlord's remaining property or business operations adjacent to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delayPremises, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no liability or responsibility or liability for loss of, or any damage to fixtures, facilities equipment or equipment other property or work of Tenant so installed or left placed on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 2 contracts
Samples: By and Between (American Barge Line Co), Security Side Letter Agreement (American Barge Line Co)
Possession. Except as otherwise provided, The obligations of Landlord shall deliver and Tenant with respect to the initial leasehold improvements to the Demised Premises are set forth in EXHIBIT "D" attached hereto and by this reference made a part hereof. Taking of possession of the Demised Premises on or before by Tenant shall be conclusive evidence that: (a) Landlord's construction obligations with respect to the date hereinabove specified Demised Premises have been completed in accordance with the Plans and Specifications and that the Demised Premises, to the extent of Landlord's construction obligations with respect thereto, are in good and satisfactory condition; and (b) the Project is in good and satisfactory condition and is accepted by Tenant as suitable for commencement the purposes for which the Demised Premises are leased. The taking of possession by Tenant of any portion of the Term, but delivery of possession prior to such commencement date Demised Premises shall not affect the expiration date be deemed as a waiver of this Lease Agreement. Failure of (i) any Punch List Item or warranty work that Landlord is required to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenantprovide or perform, or (ii) any above-ceiling or other cause beyond Landlord’s controllatent defect, or time required for construction delays due to labor or material shortages, strikes, or acts as of God, shall automatically postpone the date of commencement Substantial Completion not readily visible during a walk-through inspection of the Term Demised Premises, and shall extend the termination date by periods equal as to those which Tenant shall have elapsed between and including given Landlord written notice within eleven (11) months after the date hereinabove specified for commencement of the Term hereof Substantial Completion, all of which items described in (i) and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if (ii) Landlord shall be delayed in delivery of obligated to promptly repair to the extent the condition requiring repair shall not be caused by Tenant, its agents, contractors or employees. Notwithstanding anything to the contrary contained herein, the Delivery Date shall not be deemed to have occurred unless and until Landlord shall have delivered the Demised Premises to Tenant due (a) with Landlord's work contemplated by EXHIBITS "D", "D-1" and "D-2" being substantially complete (subject only to minor punchlist items that will not impair Tenant’s failure to agree to 's use and enjoyment of the PlansDemised Premises and which are capable of being completed on a reasonably prompt basis after the Delivery Date (the "Punchlist Items"), changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant (b) with all of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not work being in compliance with Exhibit A-3 all applicable laws, codes, regulations and for which Tenant has given ordinances, and (c) with all systems serving the Demised Premises being operational and in good condition. Landlord a written “punch list” covenants and agrees to use all reasonable efforts to complete the Punchlist Items within thirty (30) days of Tenant’s first occupancy of after the PremisesDelivery Date, except for latent defects. Should and Landlord covenants and agrees to complete the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day Punchlist items (other than the first day installation of a calendar month, then in long lead time items that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and cannot be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 delivered within such period) within sixty (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and 60) days after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentDelivery Date.
Appears in 2 contracts
Samples: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)
Possession. Except as expressly otherwise providedprovided in this Lease, Landlord shall deliver the Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord. By taking possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same agrees and to have acknowledged Landlord represents that the Premises are in good order and satisfactory condition and that the Building systems serving the Premises (including, without limitation, the HVAC system) are in good order and satisfactory condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy as of the Premises, except for latent defectsExecution Date of this Lease. Should Tenant shall have the commencement right to take possession of the rental obligations Premises as of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term Execution Date of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease AgreementSecurity Deposit and Guaranty to Landlord. Tenant Such possession shall at all reasonable times from and after the date that is 14 days prior be subject to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying Lease. Except for the insurance specified cost of services requested by Tenant (e.g., freight elevator usage and the Leasecost of electric service to the Premises as provided in Section 7.02 below), as if Tenant shall not be required to pay Rent for any days of possession before the Term had already commencedCommencement Date during which Tenant, except that with the approval of Landlord, is deemed to be in possession of the Premises for the sole purpose of performing improvements or installing furniture, equipment or other personal property. Tenant shall have no obligation the right to pay use the Minimum Rental, Real Estate Taxes or Operating Expenses until freight elevators serving the earlier of (i) Building during the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date performance of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises Initial Alterations (as defined in Exhibit C) and during Tenant’s early-access periodmove into the Premises. Within ten (10) days after the Execution Date of this Lease, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall together conduct an inspection of the Premises and prepare a “punch list” setting forth any items that are not in conformity as required by the terms of this Lease. Landlord shall use reasonable and diligent good faith efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) correct all provisions such items within a reasonable time following the completion of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentthe punch list.
Appears in 2 contracts
Samples: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises with any tenant improvements thereto substantially completed on or before the date hereinabove specified for commencement Commencement Date of the Term, but delivery of possession prior to such commencement date Commencement Date shall not affect the expiration date Expiration Date of this Lease Agreement. Time is of the essence. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, Commencement Date of the Term due to any cause beyond the reasonable control of Landlord, including, without limitation, a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or casualty loss, acts of GodGod or failure by the City to timely approve any plans or issue a building permit (any of the foregoing being hereafter referred to as an “Excused Delay”), shall automatically postpone the date of commencement Commencement Date of the Term and shall extend the termination date Expiration Date of this Lease Agreement accordingly. The rentals herein reserved shall commence on the first day of the Term, provided, however, in the event of any occupancy by periods equal Tenant prior to those which the beginning of the Term, such occupancy shall have elapsed between in all respects be the same as that of a tenant under this Lease Agreement, and including the rentals shall commence as of the date hereinabove specified for commencement that Tenant enters into such occupancy of the Term hereof and the date on which possession of the Premises is delivered to the TenantPremises. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree timely deliver any plans to the PlansLandlord or make any required deposit, changes in or additions to the Plans plans or the Tenant Improvements tenant improvements made at the request of Tenant or any other delay caused by Tenant or any of its contractors, agents or employees, or by Tenant’s failure to pay for the costs of the tenant improvements in excess of any tenant improvement allowance and any deposit (any of the foregoing being hereafter referred to as a party employed by or the agent of Tenant“Tenant Delay”), then in such case Landlord shall notify Tenant the commencement of such delay the rental Tenant’s obligation to pay rentals shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by TenantTenant Delay. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities trade fixtures or equipment installed or left on the Premises. By occupying the Premises as a Tenanttenant, or to install fixtures, facilities trade fixtures or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except for any items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” list within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement date of the rental obligations Term of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a the calendar month, then in that event solely for the purposes of computing determining the Expiration Date of the Term of this Lease Agreement, the commencement date of the Term shall become and be deemed to have commenced on the first (1st) day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1immediately following. Immediately after Following Tenant’s occupancy of the Premises the and within ten (10) days of Landlord’s request, Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination expiration dates for of the Term and Term, shall acknowledge the Minimum RentalBase Rent, the rentable square footage of the PremisesPremises (office space and warehouse, and shared mechanical space), delivery of the Premises in the condition required by this Lease Agreement and shall include such other matters as Landlord may reasonably request (hereafter the “Ratification Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent”).
Appears in 2 contracts
Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)
Possession. Except as otherwise provided, Landlord shall deliver Tenant’s taking of possession of the New Premises shall constitute Tenant’s acknowledgment that the New Premises are in good condition and that all work and materials are satisfactory, except as to any defect or incomplete work relating to Landlord’s Work that is readily identifiable from a walkthrough of the New Premises and is described in a written notice given by Tenant to Landlord not later than the day Tenant takes possession of the New Premises. The foregoing acceptance, however, shall not be deemed or construed as limiting any of Landlord’s representations or other obligations under the Lease. Landlord will correct and complete those defects and incomplete items described in such notice, which Landlord confirms are in fact defects or incomplete items. Tenant shall accompany Landlord to prepare the punch list on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver Tenant takes possession of the Premises. Initials of: Landlord: DD Tenant: CMH EXHIBIT B-1 TENANT’S SPACE PLAN [SEE ATTACHED] XXXXXXX X-0 FINAL CONSTRUCTION DRAWINGS [SEE ATTACHED] EXHIBIT B-3 CONSTRUCTION PRICING PROPOSAL [SEE ATTACHED] THE CRE GROUP INC Construction Management Log EXHIBIT C EXISTING RIGHTS TO 16TH FLOOR Suite RSF Current T Expiration Comments/Options 1600 5,888 1/31/2020 1, 5-yr renewal option. Notice by 1/31/2019 1600 5,888 8/9/2024 ROFO; Expires 8/10/2021 1630 5,764 8/9/2024 ROFO; Expires 8/10/2021 EXHIBIT D RULES AND REGULATIONS The following rules and regulations have been formulated for the safety and well-being of all tenants of the Building. Strict adherence to these rules and regulations is necessary to guarantee that every tenant will enjoy a safe and undisturbed occupancy of its premises. Any violation of these rules and regulations by Tenant shall constitute a default by Tenant under the Lease. 1 Tenant shall not obstruct or encumber or use for any purpose other than ingress and egress to and from the Premises any sidewalk, entrance, passage, court, elevator, vestibule, stairway, corridor, hall or other part of the Building not exclusively occupied by Tenant. No bottles, parcels or other articles shall be placed, kept or displayed on window ledges, in windows or in corridors, stairways or other public parts of the date hereinabove providedBuilding. Tenant shall not place any showcase, due to a holding over by a prior tenantmat or other article outside the Premises. Nothing may be placed on or about balcony areas, or any other cause beyond if any, of the Building without Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, prior written approval. Tenant shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession keep all portions of the Premises is delivered which are visible from the Building’s central atrium (if any) in a tasteful, neat and orderly condition characteristic of first class professional offices, so as not to be offensive to other tenants of the Building. No desks, bookcases, file cabinets and other furniture shall be placed against the glass surrounding the Building’s central atrium (if any). 2 Landlord shall have the right to control and operate the public portions of the Building and the facilities furnished for common use of the tenants, in such manner as Landlord deems best for the benefit of the tenants generally. Tenant shall not permit the visit to the TenantPremises of persons in such numbers or under such conditions as to interfere with the use and enjoyment of the entrances, corridors, elevators and other public portions or facilities of the Building by other tenants. Provided furtherTenant shall coordinate in advance with Landlord’s property management department all deliveries to the Building so that arrangements can be made to minimize such interference. Tenant shall not permit its employees and invitees to congregate in the elevator lobbies or corridors of the Building. Canvassing, that if Landlord soliciting and peddling in the Building are prohibited, and Tenant shall cooperate to prevent the same. Public corridor doors, when not in use, shall be delayed kept closed. Nothing, including mats and trash, shall be placed, swept or thrown into the corridors, halls, elevator shafts, stairways or other public or Common Areas. 3 Tenant shall not attach, hang or use in delivery connection with any window or door of the Premises to Tenant due to Tenantany drape, blind, shade or screen, without Landlord’s failure to agree to the Plansprior written consent. All awnings, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any drapes projections, curtains, blinds, shades, screens and other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental fixtures shall be accelerated by the number of days of such delaya quality, type, design and color, and shall be attached in a manner, approved in writing by Landlord. Any Tenant supplied window treatments shall be installed behind Landlord’s standard window treatments so that Landlord’s standard window treatments will be what is visible to persons outside the rentals shall commence Building. Drapes (whether installed by Landlord or Tenant) which are visible from the same as if occupancy had been taken by Tenant. Prior to the commencement exterior of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant Building shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required cleaned by this Lease AgreementTenant at least once a year, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times without notice from and after the date that is 14 days prior to the commencement date of the Term have access to the PremisesLandlord, at Tenant’s own riskexpense. 4 Tenant shall not use the water fountains, expense water and responsibilitywash closets, and plumbing and other fixtures for purposes any purpose other than those for which they were constructed, and Tenant shall not place any debris, rubbish, rag or other substance therein (including coffee grounds). All damages from misuse of installing Tenant’s furniturefixtures shall be borne by the tenant causing same. 5 Tenant shall not construct, trade fixtures and equipment. In maintain, use or operate within the Premises any electrical device, wiring or apparatus in connection with such access a loudspeaker system (other than an ordinary telephone and paging system) or other sound system, in connection with any excessively bright, changing, flashing, flickering or moving light or lighting device, or in connection with any similar device or system, without Landlord’s prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Termwritten consent. Tenant shall also pay not construct, maintain, use or operate any such device or system outside of its Premises or within such Premises so that the charges for all utilities furnished to same can be heard or seen from outside the Premises. No flashing, neon or search lights shall be used which can be seen outside the Premises. Only warm white lamps may be used in any fixture that may be visible from outside the Building or Premises. Tenant shall not maintain, use or operate within the Premises during Tenant’s early-access periodany space heater. 6 Tenant shall not bring any bicycle, vehicle, animal, bird or pet of any kind into the Building, except seeing eye or hearing ear dogs for handicapped persons visiting the Premises. Bicycle parking is available in the Parking Facility in a designated space for tenants on a first come, first serve basis subject to such rules and regulations as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access from time to the Premises to Tenant time impose. Except while loading and its contractors for Tenant fit-up work by not later than April 15unloading vehicles, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease there shall be no parking of vehicles or other obstructions placed in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentthe loading dock area.
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Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises with any tenant improvements thereto substantially completed on or before the date hereinabove specified for commencement of the TermCommencement Date, but delivery of possession prior to such commencement date Commencement Date shall not affect the expiration date Expiration Date of this Lease AgreementLease. Time is of the essence. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, Commencement Date due to any cause beyond the reasonable control of Landlord, including, without limitation, a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or casualty loss, acts of GodGod or failure by the City to timely approve any plans or issue a building permit (any of the foregoing being hereafter referred to as an “Excused Delay”), shall automatically postpone the date of commencement of the Term Commencement Date and shall extend the termination date Expiration Date accordingly, and Tenant may continue its occupancy of Suite 450 of the Building during the period of any such delay. The Rent herein reserved shall commence on the first day of the Term, provided, however, in the event of any occupancy by periods equal Tenant prior to those which the beginning of the Term, such occupancy shall have elapsed between in all respects be the same as that of a tenant under this Lease, and including the Rent shall commence as of the date hereinabove specified for commencement that Tenant enters into such occupancy of the Term hereof and the date on which possession of the Premises is delivered to the TenantPremises. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s 's failure to agree timely deliver any plans to the PlansLandlord or make any required deposit, changes in or additions to the Plans plans or the Tenant Improvements tenant improvements made at the request of Tenant or any other delay caused by Tenant or any of its contractors, agents or employees, or by Tenant's failure to pay for the costs of the tenant improvements in excess of any tenant improvement allowance and any deposit (any of the foregoing being hereafter referred to as a party employed by or the agent of Tenant“Tenant Delay”), then in such case Landlord shall notify Tenant of such delay the rental Tenant’s obligation to pay Rent shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by TenantTenant Delay. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities trade fixtures or equipment installed or left on the Premises. By occupying the Premises as a Tenanttenant, or to install fixtures, facilities trade fixtures or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease AgreementLease, except for any items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a detailed, written “punch list” list within thirty (30) days of Tenant’s 's first occupancy of the Premises, except for latent defects. Should the commencement date of the rental obligations Term of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a the calendar month, then in that event solely for the purposes of computing determining the Expiration Date of the Term of this Lease AgreementLease, the commencement date of the Term shall become and be deemed to have commenced on the first (1st) day of the first full calendar month following the date when immediately following. Following Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s 's occupancy of the Premises the and within ten (10) days of Landlord’s request, Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination expiration dates for of the Term and Term, shall acknowledge the Minimum RentalBase Rent, the rentable square footage of the PremisesPremises (office space and warehouse, and shared mechanical space), delivery of the Premises in the condition required by this Lease Agreement and shall include such other matters as Landlord may reasonably request (hereafter the “Ratification Agreement”). Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date A draft of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, Ratification Agreement is attached hereto as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.Exhibit F.
Appears in 1 contract
Samples: Commercial Lease (Celcuity Inc.)
Possession. Except as otherwise provided, Landlord shall deliver possession Seller may occupy Subject Property until the 89th day following closing or until Seller gives formal notice to Buyer of Seller’s vacation of the Premises on or before the date hereinabove specified for commencement Subject Property, which ever comes first. Seller’s occupation of the TermSubject Property following closing shall be subject to the following conditions: Seller agrees to abide by all state, but delivery federal, local laws or adopted rules and regulations. Seller agrees not to permit or allow any acts to be done in, on, or within the immediate vicinity of possession prior Subject Property which violate any law, rule or regulation Seller agrees Subject Property will not be occupied by any other persons than those listed in this agreement Seller agrees not to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession destroy, damage, deface or remove any part of the Premises Subject Property or permit any person to do so and to assume all liability for damages, other than ordinary wear and tear or those caused by the date hereinabove provided, due Buyer. Buyer will not be liable or responsible for loss or damages to a holding over by a prior tenant, articles or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered property belonging to the TenantSeller. Provided further, that if Landlord Seller shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made maintain fire and theft insurance for Sellers personal property at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, Sellers sole expense. Buyer will carry no insurance for and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall will have no responsibility for personal property of Seller Seller is responsible for the payment of all expenses related to provisions of water, sewer, heating oil, electric, gas, garbage, cable, and phones or liability communication providers until such date as Seller formally vacates the subject property and provides notice to Buyer of said vacation. Upon Seller’s notice to Buyer of Seller’s final vacation of the Subject Property Buyer shall inspect the Subject Property to determine that it is clean and secure. Seller to be present during Buyers inspection at Seller’s option. If Subject Property is in a condition acceptable to Buyer, Buyer will give written acceptance of the condition of Subject Property and Seller will have no further responsibility for loss or damage to fixtures, facilities or equipment installed or left on the PremisesSubject Property. By occupying In the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged event that the Premises are in the condition required by this Lease Agreement, except items which are Subject Property is not in compliance with Exhibit A-3 a clean and secure condition acceptable to Buyer, Buyer shall remedy condition of Subject Property and invoice Seller for which Tenant has given Landlord a maintenance and repairs to make Subject Property clean and secure. Seller will not be responsible for ordinary wear and tear to Subject Property. Seller will not be responsible for damages to the Subject Property caused by Buyer. Seller will release all keys to the Subject Property upon giving formal written “punch list” within thirty (30) days notice to Buyer of TenantSeller’s first occupancy vacation of the Premises, except for latent defectsSubject Property. Should the commencement Seller relinquishes all rights of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at TenantSubject Property upon Buyers receipt of Seller’s own risk, expense and responsibility, for purposes written notice of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date vacation of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentSubject Property.
Appears in 1 contract
Samples: Real Estate Sale Agreement
Possession. Except as otherwise provided, Landlord shall deliver No Grantor may (A) Dispose of or relinquish possession of any Spare Parts Asset to anyone except that the Premises on or before applicable Grantors shall have the date hereinabove specified for commencement right, (w) to Dispose to the extent permitted under Section 6.04 of the TermLoan Agreement and in the ordinary course of business, but delivery of possession prior (x) to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver transfer possession of any Spare Parts Asset in the Premises by ordinary course of business to the date hereinabove provided, due to a holding over by a prior tenant, manufacturer thereof or any other cause beyond Landlordorganization for testing, overhaul, repairs, maintenance, alterations or modifications (to the extent required or permitted by the terms hereof) or to any Person for the purpose of transport to any of the foregoing; provided that such Grantor covenants to promptly pay when due any payment obligation resulting in a mechanic’s controlor other Lien related to such testing service, repair, maintenance, overhaul, alternation, modification, or time required for construction delays due transport, (y) to labor subject any Spare Parts Asset to a maintenance servicing agreement arrangement entered into and operated in the ordinary course of business or material shortages(z) to transfer in the ordinary course of business any Spare Parts Asset between any Designated Spare Parts Locations; provided, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherhowever, that if Landlord the applicable Grantor’s title to any such Spare Parts Asset shall be delayed divested under any situation described in delivery clauses (x) through (z) above, such divestiture shall be deemed to be a Disposition with respect to such Spare Parts Asset subject to the provisions of Section 2.06(b) of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in Loan Agreement or additions to the Plans or the Tenant Improvements made (B) commingle at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged location its Spare Parts Assets that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance constitute Collateral with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) other Spare Parts of the date Tenant occupies the Premises and begins conducting business therefrom applicable Grantor not constituting Collateral or (ii) the commencement date Spare Parts of another Affiliate if such other Affiliate has pledged Spare Parts which are not Collateral to secure any other Indebtedness or obligations, unless (x) the ownership of each such commingled Spare Parts can be definitely determined at all times by reference to the applicable Grantor’s or Affiliate’s Spare Parts tracking number and system, as applicable, or (y) the Spare Parts of such Grantor or Affiliate are not of a type or category of spare parts that corresponds to a type of category of Spare Parts Assets that is included in the Collateral; provided that Spare Parts that are segregated on a separate aisle, shelf or in a separate storage bin or other storage unit or area shall not be considered as having been commingled even though such Spare Parts are present at the same location so long as the applicable Grantor install signs 1" = "1" "WEIL:\97571225\8\13173.0005" "" WEIL:\97571225\8\13173.0005 in or on each such aisle, shelf, bin or other storage unit or area containing Collateral bearing the inscription: “Property of [GRANTOR], Mortgaged to THE BANK OF NEW YORK MELLON as Collateral Agent for the benefit of the Term. Tenant shall also pay the charges for all utilities furnished Secured Parties” (such sign to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentreplaced if there is a successor Collateral Agent).
Appears in 1 contract
Possession. Except as otherwise provided, (a) Landlord shall use commercially reasonable efforts to cause the Delivery Date to occur on or before November 1, 2016 (the “Target Delivery Date”). If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the date hereinabove specified Target Delivery Date in the condition required by the Work Letter, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for commencement of the Termany loss or damage resulting therefrom, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord Delivery Date shall be delayed in delivery until the date Landlord delivers possession of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not the Work Letter. No delay in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days delivery of Tenant’s first occupancy possession of the Premises, except for latent defects. Should Premises shall operate to extend the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when or amend Tenant’s rental obligation commencesobligations under this Lease; provided, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that (i) if the termination date shall be the last day of a calendar monthDelivery Date is more than forty-five (45) days, which date shall in no event be earlier but less than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and ninety (90) days after the date that Target Delivery Date, then, unless such delay is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibilitycaused by a Force Majeure (as defined below) or a Tenant Delay (as defined below), for purposes each calendar day after the expiration of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses forty-five (45) day period until the earlier of (iA) the date the Delivery Date occurs and (B) the date which is ninety (90) days after the Target Delivery Date, Tenant occupies shall be entitled to an abatement of Base Rental equal to one half of one day (1/2 day) of Base Rental for each such day in excess of forty-five (45) days, but less than ninety (90) days, that the Premises Delivery Date is delayed, and begins conducting business therefrom or (ii) if the commencement date Delivery Date is more than ninety (90) days after the Target Delivery Date, then, unless such delay is caused by a Force Majeure or a Tenant Delay, for each calendar day after the expiration of such ninety (90) day period until the Term. Delivery Date occurs, Tenant shall also pay be entitled to an abatement of Base Rental equal to one (1) day of Base Rental for each such day in excess of ninety (90) days that the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by LandlordDelivery Date is delayed. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions The foregoing abatement of this Lease Base Rental shall be applied by extending the Rent Commencement Date by the applicable amount of calendar days of abated Base Rental. As used in full force and effect during this early occupancy periodLease, except Tenant’s obligation to pay rent.“
Appears in 1 contract
Samples: Lease (Lifelock, Inc.)
Possession. Except as otherwise Tenant shall be entitled to possession on the Commencement Date. In the event the Premises are not ready for occupancy on the Commencement Date, this Lease shall nevertheless continue in full force and effect, and no liability shall arise against Landlord out of any such delay other than the abatement of rent until the Landlord shall have substantially completed the Work; provided, Landlord however, there shall deliver possession be no abatement of rent if the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery such substantial completion due to the fault of Tenant including but not limited to Tenant's requests for changes or materials, finishes, or installations other than as depicted on the plans and specifications and the failure to complete the installation or construction of any improvements ordered by Tenant, including but not limited to the Tenant Buildout (defined herein) and (ii) the Term shall not extend beyond the Termination Date referred to in Article I. In the event the Premises are not ready for occupancy on or before the Commencement Date, solely due to the failure by Landlord or its affiliates to complete or cause to be completed the required site improvements to the Meadowbrooke Business Park such as sewer, water and roads, Tenant may terminate this Lease effective on the Commencement Date. If the Premises are not ready for occupancy on the later of the Commencement Date or November 1, 1989, and if such failure to be ready is attributed to the fact that the construction of the Premises is not complete and the delay is not attributed to the construction of the Tenant Buildout, or the fault of Tenant as otherwise provided herein, Tenant shall have no right to terminate this Lease on the Commencement Date. Rather, Landlord shall have until October 31, 1990 to complete the construction of the Premises to Tenant due to make the Premises ready for Tenant’s failure to agree to 's occupancy. When the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, Premises have been substantially completed and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Termare ready for occupancy, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, give Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of prior written notice designating the PremisesCommencement Date; provided, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.the
Appears in 1 contract
Samples: Riviera Tool Co
Possession. Except as otherwise providedUpon the occurrence of an Event of Default, Landlord it shall deliver be lawful for Lender at its discretion to enter upon the Facility and take possession thereof, and all materials and supplies located on the Facility, and proceed in its own name or in the name of the Premises Borrower as its attorney in fact, being so authorized irrevocably by the Borrower to complete any Improvements on or before which construction has commenced at the date hereinabove specified for commencement cost and expense of the TermBorrower according to the terms and conditions hereof, but delivery and to make contracts, which in its opinion it may deem advisable, and to recover hereunder, or under the Note and the Mortgage any amount or amounts so expended for such performance, together with any costs, charges, or expenses incidental thereto or otherwise incurred or expended by it, or on its behalf, in connection with the Improvements. In the event of possession prior to such commencement date shall not affect the expiration date of a proceeding under this Lease Agreement. Failure of Landlord to deliver possession Agreement or of the Premises entry of judgment on the Note and the Mortgage for recovery and reimbursement for any moneys expended by Lender in connection with any Improvements upon the Facility, a statement of said expenditures verified by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts affidavit of God, an officer of Lender shall automatically postpone the date of commencement be prima facie evidence of the Term amounts so expended and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof propriety and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in necessity for such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delayexpenditures, and the rentals burden of proving the contrary shall commence be upon the same as if occupancy had been taken by TenantBorrower. Prior Lender shall have the right to use any funds or securities or other property in its possession relating to the commencement construction of such Improvements, to secure the completion of such Improvements and to pay the debt therefor, and if Lender shall proceed as herein provided, the Borrower agrees upon exhaustion of the Termmoneys or other assets relating to the construction of such Improvements, Landlord shall have no responsibility or liability to deliver and pay to Lender such sums of money as it may from time to time demand for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenantpurpose of completing such improvements, or to install fixturesof paying any liability, facilities or equipmentcharge, or to perform finishing workexpense which may have been incurred or assumed by it under or in pursuant hereof, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely or for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentconstruction thereof.
Appears in 1 contract
Samples: Construction Loan Agreement (Central Sprinkler Corp)
Possession. Except The parties acknowledge that the Premises are currently occupied by AMO under an existing lease with Landlord that is due to expire on or about May 30, 2008 (the “AMO Lease”). The “Commencement Date” shall occur upon substantial completion of the Tenant Improvements and Landlord Work by Landlord, as otherwise providedcertified in writing by the General Contractor and Landlord. On the Commencement Date, Landlord shall deliver, and Tenant shall accept, possession of the Premises and enter into occupancy of the Premises on the Commencement Date. Tenant acknowledges that it has had an opportunity to conduct, and has conducted, such inspections of the Premises as it deems necessary to evaluate its condition. Tenant agrees to accept possession of the Premises in its then existing condition (latent defects excepted), subject to Landlord’s obligations in Section 7 to complete the Tenant Improvements and Landlord Work, and further provided that the Premises are then in broom clean condition and in as good condition as they exist at the time of Lease execution. If Landlord, for any reason whatsoever, cannot deliver possession of the said Premises on to Tenant at the Commencement Date, this Lease shall not be void or before voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event the Commencement Date and Expiration Date of the Lease and all other dates affected thereby shall be revised to conform to the date hereinabove specified of Landlord’s delivery of possession. Landlord shall provide Tenant with access to the Premises for commencement Tenant’s design of the TermTenant Improvements and for the installation of Tenant’s wiring, but delivery data cabling, phone system, equipment and furniture. In addition, effective June 1, 2008, Tenant shall be permitted to occupy a portion of possession prior the 1st floor of the building to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of accommodate reasonable workspace for at least twenty (20) people until Landlord is able to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due Tenant. Such early access to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at upon all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this the Lease including carrying the insurance specified by the Lease, as if the Term had already commencedand such space shall be in reasonable working conditions, except that Tenant no Base Monthly Rent shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord be due and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation required to pay rentoperating expenses only for the square footage Tenant actually occupies, until the Commencement Date.
Appears in 1 contract
Samples: Lease Between (Xenoport Inc)
Possession. Except If the Premises are not available or ready for occupancy on the Lease Commencement Date, and such unavailability or unreadiness is not occasioned or caused by Tenant (such as otherwise providedTenant's failure to promptly approve plans, Landlord make material or color selections, make improvements to the premises which are to be made by Tenant or make other decisions which are necessary to prepare the premises for occupancy), then the Lease Commencement Date shall deliver be the first day after the premises is available and ready for occupancy, and the Lease Expiration Date shall be adjusted accordingly. Subject to the availability of the premises and with the prior approval of Landlord, Tenant shall have the right prior to the Lease Commencement Date to enter upon the premises at reasonable times for the purpose of preparing the premises for its intended use. The premises shall be deemed ready for occupancy if only insubstantial details of construction, decoration or mechanical adjustments remain to be done. The determination of Landlord's tenant finish representative for the building shall be final as to whether the premises are ready for occupancy. Xxxxxx's taking possession of any portion of the premises shall be conclusive evidence that such portion of the premises was in good order and satisfactory condition when Xxxxxx took possession of the Premises on premises, except as to damage caused by Tenant or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease AgreementTenant's agents. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and On the date on which Xxxxxx takes possession of the Premises is delivered premises, the parties shall execute a Certificate of Occupancy in the form attached hereto as Exhibit B confirming the lease and rent commencement dates and setting forth any incomplete items (if any), but failure to execute such document shall not in any manner affect the obligations of the parties hereunder. Tenant acknowledges that neither Xxxxxxxx nor any agent of Landlord has made any representation or warranty with respect to the premises or the building, or with respect to the suitability of either for the conduct of Xxxxxx's business. If by mutual consent of Landlord and Tenant. Provided further, that if Landlord shall be delayed in delivery Xxxxxx takes possession of the Premises to Tenant due to Tenant’s failure to agree premises prior to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenantlease commencement date, then in during such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing workpre-term period, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason pay rent as herein established on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become prorata basis and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date occupancy shall be adjusted accordingly; provided however, that the termination date shall be the last day under all of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Leaselease, but such pre-term occupancy shall not affect this lease as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentotherwise established.
Appears in 1 contract
Samples: Design Automation Systems Inc
Possession. Except Taking possession by Lessee shall be conclusive evidence as otherwise provided, Landlord shall deliver possession against Lessee that the premises were in good order and satisfactory condition when Lessee took possession. No representation respecting the condition of the Premises on premises or before the Building has been made by Lessor to Lessee unless contained herein; and no promise of Lessor to prepare, alter, or improve the premises for Lessee’s use and occupancy shall be binding upon Lessor unless contained herein as Exhibit “B” and is attached hereto and made a part hereof. If Lessor is required to perform any space preparation work in the premises pursuant to a Work Letter, Lessee’s obligation to pay the rent reserved hereunder shall commence upon the date hereinabove that Lessor has substantially completed the work specified therein and has so notified Lessee, in writing, or if Lessor’s space preparation work has been delayed due to an act or omission of Lessee, then at such earlier date as the work would have been completed but for commencement of the Term, but delivery of possession prior to such commencement act or omission. If such date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely the rent for such month shall be prorated on a per-diem basis. If, with Lessor’s consent, Lessee is allowed to occupy or enter the purposes of computing premises prior to the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day commencement of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions term of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) then all provisions of this Lease hereof shall be in full force and effect as soon as Lessee occupies the premises, and Lessee shall immediately commence paying rent on a per-diem basis to the date of commencement of the term. If Lessor shall be unable to deliver possession of the premises on the date of the commencement of the term hereby created because of the holding over of any tenant, or tenants, or for any other cause beyond Lessor’s reasonable control, then the payment of rent shall not commence until the date possession of the premises is delivered to Lessee. Lessee agrees to accept such allowance and abatement of rent as liquidated damages, in full satisfaction for the failure of Lessor to deliver possession on the date of the commencement of the term, and to the exclusion of all claims and rights which Lessee might otherwise have by reason of delivery of possession not being made on that date. Failure to deliver possession on the date of commencement of the term shall not, in any event, extend or be deemed to extend, the term of this Lease. Unfinished extra work, if any, undertaken by Lessor for Lessee shall not be considered in determining the date of delivery of possession to Lessee. This Lease does not grant any possessory or other rights to light or air over property except over public streets kept open by public authority, and Lessor shall not be liable to Lessee for any expense, injury, loss, or damages resulting from work done in or upon, or by reason of the use of, any adjacent or nearby building, land, street, or alley. Lessor and Lessee agree that (a) Lessee shall have the right to place in the premises, at such locations therein as Lessee may, from time to time, determine, without overloading floors, Lessee’s furniture, trade fixtures and standard business office machines and equipment; and (b) the foregoing types of personal property shall be and remain the property of Lessee, and may be removed by Lessee at any time during this early occupancy periodthe lease term, except Tenantupon its expiration, or upon its earlier termination in any manner, Lessee, however, agreeing to repair, at Lessee’s obligation expense, any damage to pay rentthe premises or the Building caused by such removal.
Appears in 1 contract
Samples: Office Lease (11 Good Energy Inc)
Possession. A. Except as otherwise providedprovided and subject to the provisions of Article 5 B below, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, delay by the City in approving the Plans or issuing a building permit or any other cause beyond Landlord’s reasonable control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term of this Lease Agreement and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. The rentals herein reserved shall commence on the first day of the Term, provided, however, in the event of any occupancy by Tenant prior to the beginning of the Term, such occupancy shall in all respects be the same as that of a tenant under this Lease Agreement, and the rental shall commence as of the date that Tenant enters into such occupancy of the Premises. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, or by Tenant’s failure to pay for the costs of the Tenant Improvements in excess of the T. I. Allowance, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 the Plans and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from Agreement and after the date that is 14 days prior to the commencement date respective amounts of the Term have access to the PremisesImprovement Costs, at Tenant’s own riskExcess Improvement Costs, expense Letter of Credit, Unfurnished Allowance and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentContingent Annual Payment.
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Possession. 20.1.1 Except as in the terms permitted by the Head Lease other than Section 7(e)(v) of the Head Lease, which shall not apply to the Lessee hereunder, the Lessee shall not, without the prior written consent of Lessor, Owner and the Loan Trustee, sublease (whether directly, under a Dry Lease, Wet Lease or Charter) or otherwise providedin any manner deliver, Landlord shall deliver transfer or relinquish possession of the Premises on Airframe or before the date hereinabove specified for commencement of the Term, but delivery of possession prior any Engine or any Part to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenantany Person or firm or install any Engine, or permit any other cause beyond Landlord’s controlEngine to be installed, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day airframe other than the first day Airframe (it being agreed, for the avoidance of doubt, that charter operations of the Aircraft that are not for the provision of a calendar month, then in that event solely for charter by another air carrier shall not be restricted by the purposes of computing the Term terms of this Lease AgreementClause 20 (Possession)), provided, that the commencement date rights of the Term shall become and be the first day any transferee who receives possession by reason of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 a transfer permitted by this Clause 20 (if such is Possession) (other than the first date transfer of a calendar month)an Engine which is deemed an Event of Loss) SHALL BE SUBJECT AND SUBORDINATE TO, whichever date is laterAND ANY TRANSFER PERMITTED BY THIS CLAUSE 20 (POSSESSION) SHALL BE MADE EXPRESSLY SUBJECT AND SUBORDINATE TO, ALL THE TERMS OF THIS AGREEMENT, THE HEAD LEASE AND THE SECURITY DOCUMENTS, including, without limitation, Lessor's and Owner's respective rights to repossession pursuant to Clause 13.1 (Rights and Remedies) hereof (in relation to Lessor) and Section 14 (Remedies) of the Head Lease (in relation to Owner) and to terminate and avoid such sublease upon such repossession and to require such sublessee to forthwith deliver the Airframe and/or any Engine subject to such sublease upon repossession, and Lessee shall remain primarily liable hereunder for the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day performance of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy all of the Premises terms of this Agreement to the Landlord same extent as if such sublease or transfer had not occurred and Tenant that any such sublease shall execute a ratification agreement which include appropriate provisions for the maintenance and insurance of the Aircraft subleased thereby at least as beneficial to Lessor as the provisions hereof, and such sublease shall contain provisions comparable to those set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of Section 9 (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.Loss,
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Possession. Except as otherwise providedexpressly provided herein (or by written instrument signed by Landlord or Agent), Landlord shall deliver possession of the Premises to Tenant on or before the date hereinabove specified for commencement Commencement Date in their condition as of the Termexecution and delivery hereof, but delivery reasonable wear and tear excepted. If Landlord permits Tenant to occupy the Premises for conduct of possession its business prior to the Commencement Date, then such commencement date occupancy shall not affect be subject to all the expiration date terms and conditions of this Lease Agreement. Failure Lease, including payment of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times Rent from and after the date that is 14 days of Tenant's occupancy. If Landlord permits Tenant to enter upon the Premises prior to the commencement date of Commencement Date solely to fit the Term have access Premises for its use, then such occupancy shall be subject to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by all the terms and conditions of this Lease including carrying (except payment of Base Rent, Tenant's Pro Rata Share of Expenses and Tenant's Pro Rata Share of Taxes). If Landlord shall be unable to deliver possession of the insurance specified by Premises on the LeaseCommencement Date for any reason, as if Landlord shall not be subject to any liability for the Term had already commencedfailure to give possession on said date, except that nor shall the validity of this Lease or the obligations of Tenant hereunder be in any way affected. Under such circumstances, unless the delay is the fault of Tenant, Rent and other charges hereunder shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses not commence until the earlier later of (i) the date Tenant occupies possession of the Premises and begins conducting business therefrom is given or (ii) the commencement date of the TermCommencement Date. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access periodProvided, as reasonably estimated by Landlord. Any however, notwithstanding any other provision herein contained to the contrary notwithstandingcontrary, (a) if the Landlord is unable to deliver possession of the Premises on the Commencement Date, Landlord shall allow access pay to Tenant its out-of-pocket expenses, not to exceed $3,000 in the aggregate, incurred as the result of Landlord's failure to deliver possession of the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay renton the Commencement Date.
Appears in 1 contract
Samples: Neomedia Technologies Inc
Possession. Except as otherwise provided, Landlord shall deliver Upon taking possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, it shall be conclusive evidence (a) that Tenant has inspected the Premises, (b) that Tenant has accepted the Premises in “AS IS” condition, subject to completion of Landlord’s work as herein defined, on such date, (c) except for latent defects. Should the commencement of the rental obligations of Tenant under those express warranties contained within this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided howeverLease, that Tenant has waived any warranty, express or implied, as to the termination date shall be the last day of a calendar monthhabitability, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy suitability, quality, condition or fitness of the Premises or Building, and (d) that the physical condition of the Premises comply fully with Landlord’s covenants and obligations under the Lease with respect to Landlord’s Work, except for any punch list items agreed to in writing by Landlord and Tenant shall execute a ratification agreement which shall with respect to same. Except as expressly set forth the final commencement and termination dates herein, Landlord shall not have any obligation for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of any defects in the Premises in or any limitation on its use. If Tenant takes possession during the condition required by this Lease Agreement. Tenant shall at Interim Possession Period, all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy periodeffect, except including Tenant’s obligation to pay rentfor the cost of utilities and services, but excluding Tenant’s obligation to pay Base Rent and Tenant’s Share of Operating Expenses. Tenant shall not, during the Interim Possession Period, interfere with the performance of Landlord’s Work. Except for Landlord’s gross negligence or willful misconduct, Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant’s Work and/or to property placed in the Premises prior to the Lease Commencement Date and thereafter, the same being at Tenant’s sole risk. Notwithstanding anything contained herein to the contrary but subject to Tenant’s maintenance obligations in Section 14 hereof, Landlord represents and warrants that as of the Lease Commencement Date, the plumbing, electrical, roll- up doors and other mechanical components exclusively serving the Premises shall be in good working order and repair, and Landlord shall warrant such systems for a period of three-hundred sixty (360) days following the Commencement Date, and further shall warrant the roof for a period of the first ten (10) years of the Term; provided, however, such warranties shall not be effective for any maintenance, repairs or replacements necessitated due to the misuse of, or damages caused by, Tenant or Tenant Parties.
Appears in 1 contract
Samples: Mosaic Commerce Center Lease Agreement (Boxabl Inc.)
Possession. Except as otherwise provided, Landlord shall If for any reason Sublandlord cannot deliver possession of the Sublease Premises to Subtenant on the Commencement Date, Sublandlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease or before the date hereinabove specified for commencement obligations of Subtenant hereunder or extend the term hereof, provided that no rent shall be due hereunder until possession of the TermSublease Premises has been delivered to Subtenant. In the event Sublandlord has not delivered the Sublease Premises in the condition required hereunder by May 15, but delivery of possession prior 2002, Subtenant shall have the right to such commencement date shall not affect the expiration date of terminate this Lease Agreement. Failure of Landlord Sublease upon written notice to Sublandlord given within ten (10) days thereafter, as its sole remedy for Sublandlord’s failure to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is Sublease Premises. Provided that Subtenant has delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery Sublandlord evidence of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition insurance required by this Lease AgreementSublease, except items which are not in compliance with Exhibit A-3 Sublandlord shall deliver the Sublease Premises to Subtenant by January 16, 2002, so that Subtenant may construct Alterations and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premisesinstall trade fixtures, except for latent defectsequipment, cabling and wires. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after TenantSubtenant’s occupancy of the Sublease Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date Commencement Date shall be subject to all of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying Sublease; however, so long as Subtenant does not commence business operations in any part of the insurance specified by Subleased Premises, Subtenant’s early entry shall not accelerate the Lease, as if Commencement Date nor obligate Subtenant to pay any rent or parking charges hereunder during such period prior to the Term had already commencedCommencement Date, except that Tenant Subtenant shall have no obligation be responsible for the payment of all electricity consumed in the Subleased Premises during such period pursuant to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier provisions of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date Section 4 below. The right of Subtenant to take possession of the Term. Tenant shall also pay the charges for all utilities furnished Sublease Premises prior to the Premises during TenantCommencement Date in accordance with this Section 3 is expressly conditioned upon Subtenant not interfering with Sublandlord’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentWork.
Appears in 1 contract
Possession. Except as otherwise provided, Landlord shall deliver No Grantor may (A) Dispose of or relinquish possession of any Pledged Equipment and Pledged Tooling Inventory to anyone except that the Premises on or before applicable Grantors shall have the date hereinabove specified for commencement right (w) to Dispose to the extent permitted under Section 6.04 of the TermLoan Agreement and in the ordinary course of business, but delivery of possession prior (x) to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver transfer possession of any Pledged Equipment and Pledged Tooling Inventory in the Premises by ordinary course of business to the date hereinabove provided, due to a holding over by a prior tenant, manufacturer thereof or any other cause beyond Landlordorganization for testing, overhaul, repairs, maintenance, alterations or modifications (to the extent required or permitted by the terms hereof) or to any Person for the purpose of transport to any of the foregoing; provided that such Grantor covenants to promptly pay when due any payment obligation resulting in a mechanic’s controlor other Lien related to such testing service, repair, maintenance, overhaul, alternation, modification, or time required for construction delays due transport, (y) to labor subject any Pledged Equipment and Pledged Tooling Inventory to a maintenance servicing agreement arrangement entered into and operated in the ordinary course of business or material shortages, strikes, or acts (z) to transfer in the ordinary course of God, shall automatically postpone the date of commencement business any Pledged Equipment and Pledged Tooling Inventory between any of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove locations specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherin Schedule 2.1; provided, however, that if Landlord the applicable Grantor’s title to any such Pledged Equipment and Pledged Tooling Inventory shall be delayed divested under any situation described in delivery clauses (x) through (z) above, such divestiture shall be deemed to be a Disposition with respect to such Pledged Equipment and Pledged Tooling Inventory subject to the provisions of Section 2.06(b) of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in Loan Agreement or additions to the Plans or the Tenant Improvements made (B) commingle at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, location its Pledged Equipment and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged Pledged Tooling Inventory that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance constitute Collateral with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) other Pledged Equipment and Pledged Tooling Inventory of the date Tenant occupies the Premises and begins conducting business therefrom applicable Grantor not constituting Collateral or (ii) the commencement date Pledged Equipment and Pledged Tooling Inventory of another Affiliate if such other Affiliate has pledged Pledged Equipment and Pledged Tooling Inventory which are not Collateral to secure any other Indebtedness or obligations, unless the ownership of each such commingled Pledged Equipment and Pledged Tooling Inventory can be definitely determined at all times by reference to the applicable Grantor’s or Affiliate’s Pledged Equipment and Pledged Tooling Inventory tracking number and system, as applicable; provided that Pledged Equipment and Pledged Tooling Inventory that are segregated on a separate aisle, shelf or in a separate storage bin or other storage unit or area shall not be considered as having been Annex 7 - 4 commingled even though such Pledged Equipment and Pledged Tooling Inventory are present at the same location so long as the applicable Grantor install signs in or on each such aisle, shelf, bin or other storage unit or area containing Collateral bearing the inscription: “Property of [GRANTOR], Mortgaged to THE BANK OF NEW YORK MELLON as Collateral Agent for the benefit of the Term. Tenant shall also pay the charges for all utilities furnished Secured Parties” (such sign to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentreplaced if there is a successor Collateral Agent).
Appears in 1 contract
Samples: Patent Security Agreement (Sun Country Airlines Holdings, Inc.)
Possession. Except as otherwise providedIf for any reason, including construction delays, Landlord shall cannot deliver possession of the Leased Premises on or before the date hereinabove specified for commencement of the Termestimated Commencement Date, but delivery of possession prior to such commencement date shall not affect the expiration date of then this Lease Agreement. Failure of Landlord to deliver will remain fully effective and Tenant may not cancel or rescind it so long as possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy after the estimated Commencement Date. If Landlord does not deliver possession of the PremisesLeased Premises within thirty (30) days after the estimated Commencement Date, except for latent defects. Should Tenant has the commencement option of canceling this Lease by giving its written notice of cancellation to Landlord within five (5) days after the expiration of such 30-day period, in which event the Lease will be cancelled as of the rental date of such written notice, and neither Landlord nor Tenant will have any further liability to the other. Notwithstanding the foregoing, the 30-day period described in the preceding sentence will be extended as described in Paragraph X.N. below. In no event will Landlord be liable to Tenant for damages, if any, sustained by Tenant as a result of Landlord's delay in delivering possession of the Leased Premises. Landlord will be deemed to have delivered possession of the Leased Premises to Tenant on the date on which Landlord's construction, in accordance with Paragraph I.B. above, is substantially completed. If Landlord and Tenant disagree as to when Landlord's construction has been substantially completed, the decision of an architect mutually acceptable to Landlord and Tenant will be final and binding on both Landlord and Tenant. Landlord will use its reasonable efforts to give Tenant notice (which may be verbal) in advance of the date on which Landlord expects to deliver possession of the Leased Premises to Tenant. If Landlord does not deliver possession of the Leased Premises on the estimated Commencement Date, then the date on which possession is given will be the date on which Tenant's liability for post-Commencement Date obligations of Tenant under this Lease Agreement occur for any reason on a day other than will begin and that date will become the first day of a calendar month, then in that event solely for Commencement Date. On the purposes of computing the Term of this Lease Agreement, the commencement Commencement Date or such later date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the as Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Termmay request, Tenant shall abide by promptly enter into a supplementary written agreement (the terms and conditions "Lease Commencement Agreement") in substantially the form attached hereto as "Exhibit D," or in such other form as Landlord shall prescribe, thereby specifying the date as of this which the Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay begun, and as of which the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant Lease Term shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentend.
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Possession. Except as otherwise provided, 4a. If the Landlord shall deliver possession be unable to give Possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term hereof by reason of the fact that the Premises are located in a building being constructed and shall extend which has not been sufficiently completed to make such Premises ready for occupancy or if Repairs, alterations, improvements or decorating of the termination date Premises or of the building in which said Premises are located are not completed, or if for any other reason the Premises are not ready for occupancy by periods equal to those which shall have elapsed between and including the Tenant on the date hereinabove specified for of commencement of the Term hereof hereof, the Rent reserved and the date on which possession covenanted to be paid shall not commence until Possession of the Premises is delivered given to the Tenant. Provided further, that if Landlord shall be delayed in delivery and no such failure to give possession on the date of commencement of the Premises to Tenant due to Tenant’s failure to agree to Term shall in any way affect the Plans, changes in or additions to validity of the Plans Lease or the Tenant Improvements made at obligations of the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence Tenant hereunder. The Landlord, however, covenants and agrees to make a good faith and determined effort to construct the same building and make the desired Repairs, alterations, improvements or decorations such that the Tenant may occupy the building or Premises, as if occupancy had been taken by Tenant. Prior to the case may be, on the scheduled date of commencement of the Term. 4b. Anything to the contrary notwithstanding, Landlord shall have no responsibility or liability for loss or damage to fixturesit is mutually understood and agreed by and between the parties hereto, facilities or equipment installed or left on that in the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that event the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and ready for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of set forth in Clause No. 2 hereof, Possession shall be given by the Term shall become and be Landlord to the Tenant on the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy readiness of the Premises or building, as the case may be, for the Tenants occupancy and use, provided first, however, the Landlord and shall have given the Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises Notice in the condition required by this Lease Agreement. Tenant shall manner hereinafter provided at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s earlyleast forty-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.five
Appears in 1 contract
Samples: www.troopers.ny.gov
Possession. Except 3.01 Subject to Landlord’s obligation to provide services as otherwise providedset forth in Section 7.01, to perform its maintenance obligations as set forth in this Lease, and to complete the Tenant Improvements and to perform any other obligations set forth in Exhibit C, Tenant is leasing the Premises in “as-is, where is” condition, without any obligation on the part of Landlord shall deliver possession to make or pay for any improvements therein. Subject to the foregoing, no other representation or warranty, express or implied, has been made by Landlord with respect to any matter whatsoever, including the condition of the Premises on or before the date hereinabove specified for commencement Building, the suitability of the TermPremises or the Building for Tenant’s particular use, but delivery or any other conditions that may affect Tenant’s use and enjoyment of possession prior the Premises or the Building. No rights to such commencement date any view or to light or air over the Building or any other property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. Landlord’s failure to Substantially Complete the Tenant Improvements by the Target Commencement Date (described in Section 1.06) shall not affect the expiration date of this Lease Agreementbe a Landlord Default or otherwise render Landlord liable for damages. Failure of Landlord shall not be liable for a failure to deliver possession of the Premises or any other space due to the holdover or unlawful possession of such space by another party, provided, however, Landlord shall use commercially reasonable efforts to obtain possession of any such space. Notwithstanding anything herein to the contrary, in the event Landlord has not delivered the Premises with the Tenant Improvements Substantially Complete by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of following the PremisesTarget Commencement Date as such date shall be extended by any Tenant Delay (such date, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month“Outside Delivery Date”), then in that event solely for addition to the purposes of computing the Term of this Lease Agreement, the commencement date delay of the Term Commencement Date, Tenant shall become receive a credit against Base Rent from and be after the first actual Commencement Date equal to one (1) day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first Base Rent for each such day of delay beyond the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month)Outside Delivery Date. In any event, whichever date is later, and the termination date Landlord shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy use commercially reasonable efforts to notify Tenant of the Commencement Date at least thirty (30) days prior to the Commencement Date. Except as otherwise provided in this Lease, including without limitation Section 3.02, Tenant shall not be permitted to take possession of or enter the Premises prior to the Commencement Date without Landlord’s permission. Promptly after the determination of the Commencement Date, Landlord and Tenant shall execute and deliver a ratification agreement which shall set forth letter in the final commencement form attached hereto as Exhibit D (the “Commencement Letter”). Txxxxx’s failure to execute and termination dates for return the Term and shall acknowledge Commencement Letter, or to provide a good faith written objection to the Minimum Rentalstatements contained in the Commencement Letter, within ten (10) days after the rentable square footage of the Premises, and delivery of the Premises in the condition required Commencement Letter to Tenant, shall be deemed an approval by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipmentstatements contained therein. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein Notwithstanding anything to the contrary notwithstandingherein, (a) Landlord shall allow access to Txxxxx’s acceptance of the Premises is subject to Tenant and its contractors for Tenant fit-up any punch list work to be performed by Landlord or defects not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentreadily observable by Txxxxx.
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Possession. Except Notwithstanding the date of the commencement of the Term as otherwise providedset forth in Paragraph 1 herein, if for any reason Landlord shall cannot deliver possession of the Premises to Tenant on said date because the Premises are not ready for occupancy, or for any other reason or cause, Landlord and its agents shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant (except that the Lease shall terminate ten (l0) years from the Commencement Date) if Landlord delivers possession of the Premises to Tenant on or before January 1, 1989. If Landlord does not deliver the date hereinabove specified Premises to Tenant on or before January l, 1989, (the "Completion Penalty Date") for commencement reason other than Landlord being delayed as a result of: (1) Tenant's failure to comply with the Tenant Improvement Critical Date Schedule described in Exhibit F attached hereto and incorporated herein by reference; or (2) reasons of Force Majeure as described in Paragraph 34 of this Lease; then Landlord will be assessed a penalty (the Term, but delivery "Late Completion Penalty") in the amount of possession prior Two Thousand One Hundred Dollars ($2,100.00) per day for each day that Landlord fails to such deliver the Premises to Tenant after the Completion Penalty Date. The Lease shall terminate ten (10) years from the Commencement Date. The Late Completion Penalty shall be deducted from the Monthly Rental. The required commencement date of November 25, 1988, and the Completion Penalty Date of January 1, l989, shall not affect be extended by the expiration date number of this Lease Agreement. Failure of days that Landlord to deliver is delayed in delivering possession of the Premises by virtue of (1) Tenant's failure to comply with the date hereinabove provided, due to a holding over Tenant Improvement Critical Date Schedule set forth in Exhibit F attached hereto and incorporated herein by a prior tenant, reference or any other cause beyond (2) Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts 's delay by reason of God, shall automatically postpone Force Majeure as described in Paragraph 34 of this Lease. If Landlord is so delayed the date of commencement expiration of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement term of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord Lease shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated likewise extended by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord delay and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of occupy the Premises for a ten year term from the extended required Commencement Date unless earlier terminated as provided in this Lease. Notwithstanding the foregoing, in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date event Landlord cannot deliver possession of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for on or before May 31, 1989, Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of may cancel this Lease shall be by giving written notice to Landlord within twenty (20) days, in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.which event the parties hereto
Appears in 1 contract
Samples: Lease Agreement (Consumers Us Inc)
Possession. Except as otherwise providedOn or before the Original Commencement Date, Landlord shall deliver substantially complete the work specified in Exhibit E hereto, if any, and (i) the term substantial completion or substantially complete shall mean that the Premises have been completed in full compliance with the Space Plans and Engineering Plans with the exception of mechanical adjustments and minor touch-up so that the Premises may be used for their intended purposes excluding, however, any special items or long lead items designated by Tenant which are not Tenant Standard Improvements; and (ii) that the lobby of the Building shall have been completed except for mechanical adjustments and touch-up and that reasonable means of access to the Premises shall be provided free of all construction debris; and (iii) that a Certificate of Occupancy or other permission for Tenant to occupy the Premises for the Use shall have been obtained; and (iv) that the date of substantial completion shall have been established by notice to Tenant accompanied and confirmed by Landlord's Architect's Certificate of Substantial Completion. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant on or before the Original Commencement Date, then Tenant shall take possession of the Premises on or before the date hereinabove specified for commencement (not later than six month's after the Original Commencement Date) when Landlord delivers possession of all of the TermPremises substantially completed, but delivery of possession prior to such commencement which date shall not affect be conclusively established by notice to Tenant, accompanied and confirmed by a Landlord's Architect's Certificate of Substantial Completion, at least five days before such date, and which date shall then be considered to be the expiration date Commencement Date for purposes of this Lease. This Lease Agreement. Failure of shall not be void or voidable nor shall Landlord be liable to deliver Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to Tenant, and no Rent shall be payable by Tenant for the period prior to the date hereinabove on which Landlord can so deliver possession of all of the Premises, unless Tenant elects to take possession of a portion of the Premises whereupon Rent shall be payable in respect thereof from the date such possession is taken; provided, due to a holding over by a prior tenanthowever, or that in the event that any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts delay in delivery of God, shall automatically postpone the date of commencement possession of the Term and Premises to Tenant is principally caused by or is attributable to the act or neglect of Tenant, its servants, agents, employees or independent contractors (collectively "Tenant's Acts"), the Commencement Date shall extend be the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement later of the Term hereof and Original Commencement Date or the date on which possession of the Premises is would have been delivered to Tenant but for the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant's Acts, then in such case Landlord shall notify and Tenant of such delay the rental shall be accelerated by the number of days of such delay, liable for Rent and the rentals other obligations under the Lease from said Commencement Date. If for reasons beyond the Landlord's reasonable control the Commencement Date shall commence not occur within twelve (12) months after the same as if occupancy had been taken by Tenant. Prior to the commencement of the TermOriginal Commencement Date, Landlord shall have no responsibility or liability for loss or damage the right to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by terminate this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a by written “punch list” within thirty (30) days of notice to Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Termcase, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force void and effect during this early occupancy period, without recourse to either party except Tenant’s obligation that any Security Deposit given by Tenant to pay rentLandlord shall be refunded.
Appears in 1 contract
Samples: Safety Insurance Group Inc
Possession. Except a. Subject to Tenant Delay as otherwise providedset forth in the Work Letter and delays due to Force Majeure (as hereinafter defined), if the Landlord shall cannot deliver possession of the Premises on or before to Tenant at the date hereinabove specified for commencement of the TermCommencement Date, but delivery of possession prior to such commencement date this Lease shall not affect be void or voidable, the expiration date of the above Term shall be extended, to ten (10) years after the end of the month during which Landlord delivers possession to Tenant and all Rent shall be abated during the period between the Commencement Date and the time when Landlord delivers possession and Landlord shall pay all penalties (including any holdover penalty amount) incurred by Tenant at Tenant's current leased premises until such time as Landlord delivers possession of the Premises to Tenant. Notwithstanding anything to the contrary contained in this Paragraph 4(a), in the event that Landlord has not delivered possession of the Premises to Tenant, for any reason whatsoever, on or prior to ninety (90) days after the Commencement Date set forth in Paragraph 3 above, then Tenant may terminate this Lease Agreementupon written notice to Landlord and neither party shall thereafter have any obligations or liability under this Lease, except Landlord shall reimburse Tenant for all out of pocket architectural and engineering fees and expenses Tenant incurred in connection with the design and build-out of the Premises (but, not to exceed $25,000). Failure Nothing herein to the contrary shall relieve Landlord of Landlord its obligation to use its best efforts to complete the Tenant Improvements and to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due on or before the Commencement Date set forth in Paragraph 3 above. In the event that this Lease is terminated pursuant to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Termthis Paragraph 4(a), Landlord shall have no responsibility or liability for loss or damage promptly return to fixtures, facilities or equipment installed or left on Tenant the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same security deposit and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month's Base Rent prepaid pursuant to Paragraph 5(a) below. As used herein, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent."
Appears in 1 contract
Samples: Hei Inc
Possession. Except as otherwise providedIf Landlord shall be unable to tender possession of the ----------- Demised Premises on the Commencement Date set forth in Section 1.2 by reason of: (a) the fact that the Demised Premises are located in a building being constructed and which has not been sufficiently completed to make the Demised Premises ready for occupancy; (b) the holding over or retention of possession of any tenant or occupant; (c) the Construction Improvements have not been substantially completed; or (d) for any other reason beyond the control of Landlord, Landlord shall deliver not be subject to any liability for the failure to tender possession on said date. Under such circumstances the Base Annual Rent and Additional Rent reserved and covenanted to be paid herein shall not commence until possession of the Demised Premises is tendered to Tenant. No such failure to tender possession on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date Commencement Date set forth in Section 1.2 shall not in any other respect affect the expiration validity of this Lease or the obligations of Tenant hereunder, nor shall same be construed to extend the termination date of this Lease Agreementset forth in Section 1.2. Failure of Landlord to deliver possession In the event the Commencement Date does not occur within six (6) months of the Premises date this Lease is fully executed and delivered by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term Landlord and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Termwithout further liability, Landlord shall have no responsibility or liability for loss or damage the right to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by terminate this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within upon thirty (30) days prior written notice to the Tenant. If permission is given to Tenant to enter into possession of the Demised Premises prior to the date specified as the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be subject to all of the terms, covenants, conditions and provisions of this Lease, and that Tenant shall be responsible for payment of Base Annual Rent, in advance, at the rate of 1/30th of the base monthly rent set forth in Section 1.3 for each day of such occupancy prior to the Commencement Date, and Additional Rent set forth in Section 1.5 shall begin to accrue on such date of possession. Notwithstanding any provision in this Lease to the contrary, Landlord and Tenant expressly recognize that a portion of the Premises is presently being occupied by GSA (the Federal Labor Relations Authority) as a hold-over tenant. Such portion is located on the fourth floor of the Building and contains approximately 5,000 square feet of rentable area. Landlord agrees to use all reasonable efforts to promptly tender such portion to Tenant’s first , and in no event shall Landlord acquiesce to any extension of the holdover occupancy by GSA. Inasmuch as Tenant will not be afforded access to such portion concurrent with the remainder of the Premises to perform the Construction Improvements, the parties agree that notwithstanding the occurrence of the Commencement Date (as to the remainder of the Premises), no rent or other charges shall be payable by Tenant pertaining to such portion (pro-rated based upon a fraction 5,000/32,500) until such time as the Construction Improvements have been completed within such portion, and in the event delivery of such portion does not occur by December 15, 1998, to the extent that the costs of construction of the Construction Improvements is increased to Tenant by reason of the inability to perform the required work concurrent with the balance of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then such increase in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date cost shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the borne solely by Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required not by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Samples: Cais Internet Inc
Possession. Except as otherwise provided, Landlord Sublandlord shall deliver use reasonable efforts to tender possession of each Phase of the Sublease Premises to Subtenant on or before the date hereinabove specified Commencement Date for commencement such Phase, vacant of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term all occupants and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by section 6 below. If requested by Sublandlord, Subtenant shall execute an amendment to this Lease AgreementSublease setting forth the actual Commencement Date for a Phase and the Base Rent then applicable to such Phase; provided, except items which are however, that Subtenant's failure to execute such an amendment shall not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental affect Subtenant's obligations of Tenant under this Lease Agreement occur Sublease. If Sublandlord, for any reason on a day other than whatsoever, fails to deliver possession of any Phase of the first day of a calendar monthSublease Premises to Subtenant by the Commencement Date for such Phase, then in that event solely (i) this Sublease shall not be void or voidable, (ii) Sublandlord shall not be liable to Subtenant for the purposes of computing any loss or damage resulting therefrom and (iii) the Term of this Lease AgreementSublease shall not be extended. However, in that event, the commencement Commencement Date for such Phase shall be delayed until the date on which Sublandlord tenders possession of such Phase to Subtenant, and Subtenant shall not be liable for the payment of Rent with respect to such Phase until the Commencement Date for such Phase has occurred. Notwithstanding the foregoing, (x) Sublandlord shall have a period of two weeks from completion of the Term shall become and be second floor demising wall (described in paragraph (B)(1)(b) of Exhibit D hereto) to relocate its operations to the first day second floor of the first full calendar month following the date when Tenant’s rental obligation commencesPhase 4 Premises, or the first day without such period constituting a delay by Sublandlord in tendering possession of the first full calendar month following the commencement date set out Sublease Premises, and (y) if Sublandlord is delayed in Article 1 (if such is other than the first date tendering possession of a calendar month)Phase on or before the Commencement Date for such Phase as a result of the act or omission of Subtenant, whichever date is later, and then the termination date shall be adjusted accordingly; provided however, that the termination date Commencement Date for such Phase shall be the last day date on which the Commencement Date for such Phase would have occurred in the absence of a calendar monthsuch delay by Subtenant. Sublandlord acknowledges that Sublandlord will be able to relocate its operations from the Phase 1, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy 2 and 3 portions of the Sublease Premises into the Landlord and Tenant shall execute a ratification agreement which shall set forth Phase 4 portion of the final commencement and termination dates Sublease Premises when the demising walls for the Term second floor portion of Phase 4 (described in paragraph (B)(1)(b) of Exhibit D hereto) are complete and shall acknowledge the Minimum Rentalfirst floor portion of Phase 4 is separately demised and secure. Such first floor demising work sufficient to enable Sublandlord to vacate the first floor portions of Phases 1, 2 and 3 may be satisfied by Subtenant either completing the rentable square footage first floor demising wall described in paragraph (B)(1)(a) of the Premises, Exhibit D hereto or installing temporary partition walls (reasonably acceptable to Sublandlord to separate and delivery provide security for such area) pending completion of the Premises in the condition required by this Lease Agreementsuch first floor demising wall. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.c)
Appears in 1 contract
Samples: Sublease Agreement (Deltagen Inc)
Possession. Except as otherwise provided, Landlord Tenant shall deliver be entitled to possession on the first day of the Premises term of this Lease, and shall yield possession to Landlord on or before the date hereinabove specified for commencement last day of the Termterm of this Lease, but delivery of possession prior to such commencement date shall not affect unless otherwise agreed by both parties in writing. At the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove providedterm, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, Tenant shall automatically postpone the date of commencement of the Term remove its goods and shall extend the termination date by periods equal to those which shall have elapsed between effects and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of peaceably yield up the Premises to Tenant due Landlord in as good a condition as when delivered to Tenant’s failure , ordinary wear and tear excepted. USE OF PREMISES. Tenant may only use the premises to agree to provide professional Health Department Services currently provided by the Plans, changes in or additions to the Plans or the Xxxxxxx County Health Department. Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant Landlord of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying any anticipated extended absence from the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other later than the first day of a calendar monththe extended absence. When the facility is closed and staff is not available, then in that event solely the front door is to remain locked at all times. EQUIPMENT AND FURNISHINGS. N/A ALTERATIONS. Any alterations, additions, or improvements permitted herein shall be made at the expense of the Tenant except for the purposes painting of computing rooms and hallways which have not been painted in the Term past 4 years. The Tenant agrees that it will make no alterations, additions, or improvements to the premises without the express, written consent of the Landlord. Landlord hereby acknowledges and gives written permission for Tenant to make alterations for six clinical spaces to be located above the basement area of the building. Said alterations to include plumbing, electrical and flooring suitable for clinic space. Tenant will do its best to make sure that sinks added for this purpose can be easily removed at the termination of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated so requested by Landlord. Any other provision herein to All alterations, additions, or improvements made by or for the contrary notwithstandingTenant at the Tenant’s expense, (a) Landlord except movable unattached fixtures, shall allow access to remain upon and be surrendered with the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions premises as part thereof at the expiration or earlier termination of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentLease.
Appears in 1 contract
Samples: Real Estate Lease
Possession. Except as otherwise provided, If Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord is unable to deliver possession of the Leased Premises by on the date hereinabove providedof the commencement of the Term because the Leased Premises are not ready for occupancy, due Landlord shall not be subject to a holding over any liability for the failure to deliver possession on said date. Under such circumstances, unless the delay is the fault of Tenant, the Rent shall not commence until Leased Premises are ready for occupancy by a prior tenantTenant, or any other cause beyond Landlord’s control, or time required for construction delays due and no such failure to labor or material shortages, strikes, or acts of God, shall automatically postpone deliver possession on the date of commencement of the Term and shall in any way affect the validity of this Lease or the obligations of Tenant hereunder, nor shall same be construed in any way to extend the termination date Term, the delay in the accrual of rent described in the foregoing sentence constitutes full settlement of all claims that Tenant might otherwise have by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement reason of the Term hereof and the date Leased Premises not being ready for occupancy on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term. If, at Tenant's request, Landlord shall have no responsibility or liability for loss or damage make the Leased Premises available to fixtures, facilities or equipment installed or left on Tenant prior to the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days date of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely Term for the purposes of computing decorating. constructing, furnishing, and equipping he Leased Premises, the use of the Leased Premises for such work shall not create a landlord-tenant relationship between the parties nor constitute occupancy of the Leased Premises within the meaning of the next sentence, but the provisions of Paragraph 9, 11, 12,13 and 14 of the Lease shall apply from the date the Leased Premises are made available to the Tenant. If with the consent of Landlord, Tenant shall enter into occupancy on the Leased Premises to do business therein prior to the date of commencement of the Term, the provisions of the Lease shall apply and rent shall accrue and he payable from the date of occupancy. If pursuant to the terms of this Paragraph 3, the Term shall commence on any data other than that commencement date noted in Xxxxxxxxx 0, Xxxxxx agrees to enter into a letter amendment to this Lease identifying the new "Term" hereof. Notwithstanding anything to the contrary contained in this Lease upon execution of this Lease Agreement, the commencement date of the Term shall become by Landlord and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth hereby agree that they are bound by the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage terms of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of both parties executed this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Possession. Except as otherwise provided, Landlord shall deliver possession Subject to the right of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord Lessee to deliver possession of any item of Equipment to the Premises by the date hereinabove providedManufacturer thereof for testing or other similar purposes or to any Authorized Maintenance Performer for service, due to a holding over by a prior tenantrepair, maintenance or overhaul work on such item of Equipment or any other cause beyond Landlord’s control, part thereof or time required for construction delays due to labor alterations or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes modifications in or additions to such item of Equipment to the Plans extent required or permitted by the Tenant Improvements made at terms of Articles 5 and 6 hereof or to any member of a pooling arrangement as provided in Article 6.2, Lessee shall not sublease, assign or otherwise transfer possession of any item of Equipment, or any part thereof, leased hereunder without the request prior written consent of Tenant Beneficiary which consent will not be unreasonably withheld, but may be subject to such conditions as it reasonably deems necessary to protect its interests and the interests of Lessor; PROVIDED that a Wet Lease of 90 days or less (including all stated renewals) may be entered into without Beneficiary's consent so long as such Wet Lease is expressly subject and subordinate to this Lease and Lessee provides a copy thereof to Beneficiary upon commencement thereof. This Lease and all or any part of Lessee's rights hereunder shall not be assigned or otherwise in any way transferred or hypothecated by Lessee without the prior written consent of Lessor, and any purported assignment, transfer or hypothecation without the prior written consent of Lessor shall constitute an Event of Default hereunder and be void. Lessor agrees for the benefit of Lessee and for the benefit of any other holder of a security interest in any engine owned by Lessee, any lessor of any engine leased to Lessee and any conditional vendor of any engine purchased by Lessee subject to a conditional sale agreement or any other delay caused by security agreement, that no interest shall be created hereunder in any engines so owned, leased or purchased and that neither Lessor nor its successors or assigns will acquire or claim as against Lessee or any such mortgagee, lessor or conditional vendor or other holder of a party employed by security interest or the agent any successor or assignee of Tenantany thereof, then any right, title, or interest in such case Landlord shall notify Tenant engine as a result of such delay engine being installed on the rental Airframe; PROVIDED that such agreement of Lessor shall not be accelerated for the benefit of any lessor or secured party of an airframe leased to Lessee or purchased by Lessee subject to a conditional sale or other security agreement or for the number benefit of days any mortgagee or any other holder of a security interest in an airframe owned by Lessee on which Lessee then proposes to install an Engine, unless such lessor, conditional vendor, other secured party or mortgagee party has effectively agreed (which agreement may be contained in such lease, conditional sale or other security agreement or mortgage) that neither it nor its successors or assigns will acquire, as against Lessor or Beneficiary any right, title or interest in an Engine as a result of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment Engine being installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentairframe.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Western Pacific Airlines Inc /De/)
Possession. Except as otherwise provided, Landlord The Purchaser(s) shall deliver before taking possession of the said Premises on or before clear all the date hereinabove specified dues of THDCL towards the allotted said Premises and have the Conveyance Deed for commencement the said Premises executed in his favour after paying Registration fee / charges, stamp duty and other charges / expenses. The Purchaser(s) shall pay, as and when demanded by THDCL and as applicable, the Stamp duty, Registration charges and all other incidental and legal expenses for the execution and registration of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession Conveyance Deed of the said Premises in favour of the Purchaser(s) which shall be executed and got registered after receipt of the total Sale Consideration, other dues, viz. all the statutory charges, taxes including service tax, etc. and including payment of IBMS payable to THDCL or the Maintenance Agency, as the case may be and the said charges and expenses as may be payable or demanded from the Purchaser(s) in respect of the said Premises and Parking space(s) allotted to him / her. In case the Purchaser(s) fail/s to deposit the above said Stamp duty, Registration charges and all other incidental and legal expenses etc. so demanded within the period mentioned in the demand letter, THDCL shall be free to appropriate the part of Sale price paid by the date hereinabove provided, due Purchaser(s) towards the said charges and expenses and the Purchaser(s) shall forthwith deposit the shortfall in the Sale Consideration so caused together with interest @ 18% per annum for period of delay in depositing the Sale Consideration so appropriated according to Payment Plan. The Purchaser(s) undertake/s to execute the Conveyance Deed within a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts period of God, shall automatically postpone ninety (90) days from the date of commencement THDCL intimating in writing the receipt of the Term certificate for use and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement occupation of the Term hereof said Building from the competent authority failing which the Purchaser(s) authorizes THDCL to cancel the allotment subject to forfeiture as mentioned in clause No. 3.6 hereinabove and refund the date on which possession balance upon resale / allotment of the Premises is delivered said premises to other party. The Purchaser(s) do/does hereby agree to comply with all the Tenant. Provided further, that if Landlord shall be delayed in delivery laws of the Premises land at all times, as may be applicable from time to Tenant due to Tenant’s failure to agree to the Plans, changes time in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement respect of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the said Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Samples: 'S Agreement
Possession. Except as otherwise provided, Landlord shall If Lessor does not deliver possession of the Premises or the Commencement Date does not otherwise occur as provided in Section 2 above on February 1, 2001, unless such delay is caused by Lessee or said delay was beyond Lessor's control, Lessee may give Lessor written notice of its intention to terminate this Lease if possession is not delivered and the Commencement Date as provided in Section 2 above does not otherwise occur on or before the date hereinabove specified for commencement of the TermJune 1, but delivery of possession prior to such commencement date 2001. Lessor shall not affect the expiration date of this Lease Agreement. Failure of Landlord be liable for any damages caused by failure to deliver possession of the Premises by and Lessee shall not be liable for any Rent until the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date Commencement Date on which exclusive possession of the Premises is delivered to the TenantLessee. Provided further, that if Landlord shall be delayed in delivery A delay of the Premises to Tenant due to Tenant’s failure to agree to Commencement Date shall not extend the Planstermination date. Notwithstanding the above, changes (i) in or additions to the Plans or event the Tenant Improvements made at delay was caused by Lessee, then the request payment of Tenant or any other Rent shall commence on the date on which the Commencement Date would have occurred but for the delay caused by Lessee and Lessee shall not have any right to terminate this Lease as a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days result of such delay; and (ii) if this Lease is not terminated by Lessee, if the delay was caused by Lessor, and if Lessee pays or incurs any rent, cost, expenses or other amount as a result of holding-over under the rentals then existing lease or entering into a new lease, necessitated by the delay in the Commencement Date beyond February 1, 2001, which is in excess of the Rent which would have been payable hereunder during the applicable period, Lessor shall commence pay or reimburse such excess amount to Lessee on the same as if occupancy had been taken by TenantCommencement Date. Prior Lessor shall offer access to the commencement Premises for a period at least sixty (60) days prior to the Commencement Date of the TermTerm of this Lease, Landlord shall have no responsibility or liability and if Lessee accepts such early access for loss or damage to fixtures, facilities or equipment installed or left the purpose of installing Lessee's fixtures and personal property and performing improvements on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant then both parties shall be conclusively bound by all of the covenants and terms contained herein during such period except for the payment of Monthly Minimum Rent, however, such access shall not cause the Commencement Date to occur, and Lessee shall not be deemed to have accepted the same Premises because of such access. Additionally, Lessee and to have acknowledged Lessee's contractor(s) shall not undertake any actions that would jeopardize labor harmony on the Premises are jobsite and/or interfere with Lessor's work at the Project and in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 Premises. Lessee will immediately stop work and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of leave the Premises, except for latent defects' job site upon notice from Lessor that a labor dispute has resulted from Lessee or Lessee's contractor's actions on the job site. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term Lessee shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is laterinstruct Lessee's contractor(s) to cooperate with Lessor's contractor(s) to minimize interference with, and facilitate the termination date shall be adjusted accordingly; provided howevercompletion of, that the termination date shall be the last day of a calendar month, which date shall Lessor's work in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (iiLessor and Lessor's contractor(s) agree to cooperate with Lessee and Lessee's contractor(s) to minimize interference with Lessee's work in the commencement date Premises. If applicable, Lessee shall coordinate with Lessor's contractor for the use of the Term. Tenant shall also pay the charges for all utilities furnished to temporary electrical power in the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentuntil permanent power has been provided.
Appears in 1 contract
Samples: Office Lease (Shopnow Com Inc)
Possession. Except as otherwise providedexpressly provided herein, Landlord shall deliver possession of the warehouse portion of the Leased Premises to Tenant upon full execution of this Lease in their condition as of the execution and delivery hereof, reasonable wear and tear and damage by casualty excepted, with the roof to be in "leak-free" condition, and siding installed on or before the date hereinabove specified for exterior of the Leased Premises, and Landlord's environmental remediation to the Leased Premises completed, including the removal of all asbestos from the interior of the Leased Premises. Because possession is being granted prior to commencement of the Termfirst Lease Year, but delivery of possession prior such occupancy shall be subject to such commencement date shall not affect all the expiration date terms and conditions of this Lease AgreementLease. Failure Tenant acknowledges that possession of the mezzanine and office portions of the Leased Premises may not be delivered to Tenant until the June 1, 2000. If Landlord shall be unable to deliver possession of the remainder of the Leased Premises to Tenant on or before September 1, 2000 due to the failure of the existing tenant, the United States of America, to vacate such portion of the Leased Premises upon expiration of the term of its lease with Landlord, and/or on account of delays caused by Tenant, then Landlord shall not be subject to any liability for the failure to give possession on said date, nor shall the validity of this Lease or the obligations of Tenant hereunder be in any way affected, except as expressly provided in this paragraph. Under such circumstances, unless the delay is the fault of Tenant, annual rent and other charges which would otherwise be payable hereunder shall not commence until the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Leased Premises is delivered given to the Tenant. Provided furtherIf such delay is the fault of Tenant, that annual rent and other charges shall commence as set forth herein if Landlord shall be delayed in delivery of would have otherwise delivered the Leased Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other but for such delay caused by a party employed Tenant. In the event possession of the mezzanine and office portions of the Leased Premises are not delivered by or January 1, 2001, and the agent delay is not the fault of Tenant, then in such case Landlord shall notify Tenant event the date set forth herein for the commencement of such delay the rental annual rent and other charges hereunder shall be accelerated delayed one (1) day for each day after January 1, 2001 until possession of all of the Leased Premises has been delivered to Tenant. In the event possession of the mezzanine and office portions of the Leased Premises are not delivered by the number of days of such delayMarch 1, 2001, and the rentals shall commence delay is not the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days fault of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that such event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation the right and option to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises elect to terminate this Lease and begins conducting business therefrom or (ii) the commencement date all further liability and obligations of the Term. Tenant shall also pay parties hereunder at any time thereafter but prior to delivery of possession of the charges for all utilities furnished to mezzanine and office portions of the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Leased Premises to Tenant by notice to Landlord. Landlord acknowledges that Tenant will be moving out of its existing facility into the Leased Premises in three (3) phases, currently contemplated by Tenant to occur on or about April 1, 2001, May 31, 2001 and its contractors for Tenant fit-up work by not later than April 15November 30, 2004 2001, and Landlord and agrees to reasonably cooperate with Tenant shall use reasonable and diligent efforts to cause facilitate said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay renttransition.
Appears in 1 contract
Samples: Value City Department Stores Inc /Oh
Possession. Except as otherwise provided6.1 On the Commencement Date, Landlord Sublandlord shall deliver the Sublet Premises to Subtenant, and Subtenant shall accept possession of the Premises on or before the date hereinabove specified for commencement of the Termthereof in its then “as is” condition, but delivery of possession prior to such commencement date and Sublandlord shall not affect the expiration date of this Lease Agreement. Failure of Landlord be required to deliver possession of the Premises by the date hereinabove providedmake any alterations, due to a holding over by a prior tenantimprovements, installations, or any other cause beyond Landlordrepairs, to prepare the Sublet Premises for Subtenant’s controloccupancy. Sublandlord makes no representations as to whether the Sublet Premises is, or time required for construction delays due to labor will be, in compliance with any laws or material shortages, strikescodes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered as to the Tenantpresence of any hazardous materials, in, on, or about, the Building or the Sublet Premises. Provided furtherNotwithstanding the foregoing, that if Landlord Subtenant shall not be delayed in delivery of the Premises to Tenant due liable or responsible for any and all cleanup costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s failure to agree to the Plansuse, changes disposal, transportation, generation and/or sale of hazardous materials, in or additions to about the Plans Sublet Premises, Common Areas, or Building. Subtenant shall use and occupy the Tenant Improvements made Sublet Premises for the use permitted under the Prime Lease, and for no other purpose. Subtenant shall use and occupy the Sublet Premises for the use permitted under the Prime Lease, and for no other purpose. Notwithstanding the foregoing, Subtenant shall have shared use of the loading area (as shown on Exhibit B). Subtenant shall, at its sole cost and expense, and in a diligent and timely manner, perform all maintenance, repairs, improvements, and replacements, as necessary, so that the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental Sublet Premises (including its fixtures) shall be accelerated by the number of days of such delaymaintained in good working order and condition, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given all applicable laws, during the term of this Sublease (unless the Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy is required to do so by the express terms of the PremisesPrime Lease), except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar monthsubject to, then and in that event solely for the purposes of computing the Term of this Lease Agreementaccordance with, the commencement date terms of Section 7.1 hereof. Notwithstanding the Term foregoing, Subtenant, at its sole cost, shall become and be perform certain improvements to the first day of the first full calendar month following the date when TenantSublet Premises (“Subtenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall Work”) as set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises on Exhibit “C”. Any Subtenant’s Work must be performed in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection accordance with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying Section 7 hereof and the insurance specified by the Prime Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Possession. Except If Tenant begins to conduct business in all or any portion of the Premises before the Commencement Date, Tenant will pay to Lessor a portion (as otherwise provideddescribed below) of the Additional Costs for the period from the date Tenant begins to conduct business in the Premises to the Commencement Date and all other provisions of this Lease will be applicable during that period. The portion of the Additional Costs to be paid by Tenant under such circumstances shall be the percentage obtained by dividing the reputable square foot area of the portion of the Premises in which Tenant is conducting business by 62,301 which is the rentable square foot area of the Building. If Lessor is delayed in delivering possession of all or any portion of the Premises to Tenant on the Commencement Date, Landlord shall deliver Tenant will take possession of the Premises on or before the date hereinabove specified for commencement when, Lessor delivers possession of all of the Premises, which date will then become the Commencement Date, and the last day of the term will be extended so that the length of the Term, but delivery of possession prior to such commencement date shall not affect remains the expiration date of this Lease Agreementsame. Failure of Landlord to deliver possession of If the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the extended Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason would end on a day other than the first last day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and will be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be further extended to the last day of the month in which the Term ends. This Lease will not be void or voidable and Lessor will not be liable to Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to Tenant, but unless the delay is principally caused by or attributable to Tenant, its employees, agents or contractors, no Monthly Rent will be due for the period prior to the date Lessor delivers possession of the Premises, unless Tenant elects to take possession of a calendar month, portion of the Premises in which date shall in no event case Monthly Rent will be earlier than due for the termination date set out in Article 1portion of the Premises taken. Immediately after Tenant’s 's occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage will constitute Tenant's acceptance of the Premises, and delivery subject to the completion of any punch list items on work to be performed by Lessor. Tenant will submit to Lessor a punch list on work to be performed by Lessor within 30 days after Tenant's occupancy of the Premises in the condition required by this Lease AgreementPremises. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes will not vacate or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to abandon the Premises during the Term without Lessor's prior written consent. If Tenant pays the Monthly Rent and other charges and performs all of Tenant’s early-access period's obligations under this Lease, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to Lessor promises that Tenant may peaceably and quietly possess and enjoy the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of under this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentLease.
Appears in 1 contract
Samples: Lease (Argosy Education Group Inc)
Possession. Except as otherwise provided25. If for any reason the Demised Premises or any part thereof shall not be ready for occupancy by Tenant at the time of commencement of this Lease, this Lease shall not be affected thereby, nor shall Tenant have any claim against Landlord by reason thereof, but no Basic Rental, Operating Expenses or Taxes for the applicable portion of the Demised Premises shall be payable for the period during which the applicable portion of the Demised Premises shall not be ready for occupancy. All claims for damages arising out of any such delay are waived and released by Tenant. With respect to the foregoing, if delivery of possession of the entire Demised Premises shall be delayed beyond the date specified for the commencement of the Lease Term, it is understood and agreed that the commencement of the Lease Term shall be extended to the date that the Demised Premises are tendered to the Tenant. In the event of such delay in tendering the Demised Premises or any part thereof to the Tenant the Landlord shall not be liable to Tenant for any damage whatsoever resulting from the delay in the delivery of possession of the Demised Premises. Notwithstanding the foregoing, it is understood that if and to the extent that Landlord is unable to deliver timely possession of the Demised Premises or any part thereof to Tenant due to delays by Tenant, then the Basic Rental, Operating Expenses and Taxes reserved shall commence to accrue on the date possession of the Premises on or before would have been delivered to Tenant but for the date hereinabove specified for commencement delays of Tenant. If permission is given to Tenant to occupy the Term, but delivery of possession Demised Premises prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and term hereof, such occupancy shall extend be subject to all of the termination date by periods equal to those which shall have elapsed between and provisions of this Lease (including the date hereinabove specified for commencement payment of Basic Rental, Operating Expenses and Taxes), however, the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord Lease term shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated extended by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenantearly occupancy. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.CONDITION OF PREMISES
Appears in 1 contract
Possession. Except as otherwise providedPossession of the Premises shall be deemed tendered to Lessee ("Tender of Possession") when (1) the improvements to be provided by Lessor under this Lease, Landlord if any, are substantially completed, (2) the Project utilities are ready for use in the Premises, (3) Lessee has reasonable access to the Premises, and (4) five (5) days shall have expired following advance written notice to Lessee of the occurrence of the matters described in (1), (2) and (3), above of this paragraph 4. If for any reason, Lessor cannot deliver possession of the Premises to Lessee on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior Commencement Date and subject to delays caused by Lessee (paragraph 4.1) in such commencement date event Lessor shall not be subject to any liability therefor, nor shall such failure affect the expiration date validity of this Lease Agreementor the obligations of Lessee hereunder. Failure of Landlord In such case the Commencement Date, and likewise the Termination Date, shall be postponed until possession is tendered to deliver possession of the Premises by the date hereinabove provided, due Lessee. Lessee shall not be obligated to a holding over by a prior tenant, pay Rent or perform any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts obligations of God, shall automatically postpone Lessee under the date terms of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which this Lease until possession of the Premises is tendered to Lessee. If Lessor has not delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery possession of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty ninety (30) days of Tenant’s first occupancy of following said Commencement Date, Lessee may, at Lessee's option, by notice in writing to Lessor, cancel this Lease, in which event the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date Parties shall be adjusted accordinglydischarged from all obligations hereunder; provided provided, however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Leasethat, as if the Term had already commencedto Lessee's obligations, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges Lessee first reimburses Lessor for all utilities furnished to the Premises during Tenant’s earlycosts incurred for Non-access periodStandard improvements and, as reasonably estimated to Lessor's obligations, Lessor shall return any money previously deposited by LandlordLessee (less any offsets due Lessor for Non-Standard improvements). Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.[INITIAL STAMP]
Appears in 1 contract
Samples: Office Lease (Advancepcs)
Possession. Except (a) In the event the Premises shall not be completed and ready for occupancy on the Commencement Date or in the event Landlord is unable to deliver possession on such date by reason of the holding over or retention of possession by any tenant or occupant, this Lease shall nevertheless continue in force and effect, but Rent (as otherwise hereinafter defined) shall abatx xxxil the Premises are ready for occupancy or until the Landlord is able to deliver possession, as the case may be, and Landlord shall have no other liability whatsoever on account hereof; provided, Landlord however, there shall deliver be no abatement of Rent if the Premises are not ready for occupancy because of the failure to complete the installation of special equipment, fixtures or materials ordered by Tenant, or because of any delays resulting from Tenant's failure to promptly submit plans in accordance with the Work Letter attached hereto as Exhibit B or resulting from changes or additions to Tenant's plans after the initial submission thereof if changes during construction do, in fact, cause a delay or impede construction. The Premises shall not be deemed incomplete or not ready for occupancy if only insubstantial details of construction, decoration or mechanical adjustments remain to be done. The determination of Landlord's architect or interior space planner for the Building shall be final or conclusive on Tenant as to whether the Premises are completed and ready for occupancy, subject to punchlists or latent defects, that Tenants shall have the right to engage its own architect and in case of a dispute. (b) If Tenant shall take possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days part thereof prior to the commencement date Commencement Date; all of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms covenants and conditions of this Lease including carrying shall be binding upon the insurance specified by parties hereto with respect to such whole or part of the Lease, Premises as if the Term Commencement Date had already commencedbeen fixed as the date when Tenant took possession of such whole or part of the Premises. (c) Under no circumstances shall the occurrence of any of the events described in this Paragraph 2 be deemed to accelerate or defer the Termination Date. (d) Notwithstanding the contents of this Section 2., except that Tenant shall have no obligation the right, immediately after execution of this Lease by both Landlord and Tenant, and prior to the Commencement Date, to take possession of its Initial Computer Space. Landlord also agrees to commence demolition in the Initial Office Space upon execution of this Lease by Landlord and Tenant and to use its best efforts to complete 2 24 construction in said area by July 15, 1987, as extended by any delay caused by Tenant. If Landlord fails to complete the required demolition and reconstruction by that date, Landlord agrees to pay Tenant the Minimum Rentalsum of $10,000.00 as penalty therefor. Landlord will continue said construction to its completion, Real Estate Taxes in any case. Rent shall not be payable or Operating Expenses until owed by Tenant for areas so occupied, but Additional Rent, as hereinafter defined, shall be owed and payable for said areas, for the earlier period of (i) beginning with the date of occupancy through August 31, 1987, for Landlord-supplied Building services provided to Tenant, including electricity, after-hours heating, ventilating, and air-conditioning (pursuant to Section 7.A.(i) of this Lease), janitor services, if utilized, and additional security required by Tenant occupies and beyond the Premises and begins conducting business therefrom or (ii) scope of security otherwise provided the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated Building by Landlord. Any other provision herein to If the contrary notwithstanding, (aadditional chiller and associated air conditioning installation described in Section 7.A.(i) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work are not completed by not later than April July 15, 2004 1987, Landlord nevertheless covenants and Landlord agrees that it will provide for that interim period air conditioning and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere ventilation from the existing Building system for the Initial Office Space at a comfort level commensurate with each other’s work; and (b) all provisions of this Lease shall be that described in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentSection 7.A.(i). 3.
Appears in 1 contract
Samples: Lease Amendment Agreement (SPR Inc)
Possession. Except as otherwise provided, Landlord Sublessor shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord use reasonable commercial ITS BEST efforts to deliver possession of the Premises | Initial Space by May 1, 2000, and to give early access to Sublessee as per the date hereinabove providedSchedule set forth|on Exhibit D. Notwithstanding said commencement and early access dates, due to a holding over by a prior tenant, if for any reason Sublessor cannot deliver possession or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement early access of the Term and Premises to Sublessee on said dates, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Sublessee hereunder or extend the termination date by periods equal term hereof, but in such case Sublessee shall not be obligated to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which pay rent until possession of the Premises is delivered tendered to the Tenant. Provided furtherSublessee; provided, however, that if Landlord Sublessor shall be delayed in delivery not have delivered possession of the Premises within sixty (60) days from said commencement date, Sublessee may, at Sublessee's option, by notice in writing to Tenant due to Tenant’s failure to agree to Sublessor within ten (10) days thereafter, cancel this Sublease. If Sublessee cancels the PlansSublease, changes in or additions to Sublessor shall return promptly the Plans or security deposit and first month's Rent previously paid by Sublessee and thereafter the Tenant Improvements made at parties need no longer perform their respective obligations under the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental Sublease. No Rent shall be accelerated payable by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely Sublessee for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s early occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days period prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipmentSublease Commencement Date. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term[EDITORIAL NOTE FROM XXXXXXXXX TO TCI: WE WILL NOT PAY ANY DAMAGES AS PROPOSED IN YOUR DRAFT FOR FAILURE DELIVER OR GIVE EARLY ACCESS. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentWE WILL USE REASONABLE COMMERCIAL EFFORTS TO ABIDE BY SUCH DATES.]
Appears in 1 contract
Samples: Tci International Inc
Possession. Except That immediately upon the expiration or termination or cancellation of this agreement the Licensee shall vacate the said premises without delay with all his/her goods and belongings. In the event of the Licensee failing and / or neglecting to remove himself and / or his/her articles from the said premises on expiry or sooner determination of this Agreement, the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his/her belongings from the Licensed premises, without recourse to the Court of Law. FURNITURE AND APPLIANCES The said premises is having the Furniture and Appliances mentioned in the Schedule I. The licensee shall maintain the said Furniture and Appliances in the said premises in its existing condition and damage, if any, caused to the said Furniture and Appliances, the same shall be repaired by the Licensee/s at its own cost subject to normal wear and tear. The Landlord has provided names of the Equipment such as otherwise providedMicrowave, Landlord Oven, Refrigerator, Washing Machine & Air-conditioners at the “Demised Property” and servicing & repair will be the responsibility of the Tenant. That the Lessor shall, before handing over the said premises, ensure the working of sanitary, electrical and water supply connections and other fittings pertaining to the said premises. It is agreed that it shall deliver be the responsibility of the Lessor for their return in the working condition at the time of re-possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term said premises (reasonable wear and shall extend the termination date by periods equal to those which shall have elapsed between tear and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage by fire, flood, rains, accident, irresistible force or act of God excepted). That the Lessee shall use the said premises along with its fixtures and fitting in careful and responsible manner and shall handover the premises to fixturesthe Lessor in working condition (reasonable wear and tear and loss or damage by fire, facilities flood, rains, accidents, irresistible force or equipment installed or left act of God excepted). LOCK IN PERIOD Both the parties have agreed to set a lock-in period of [[Month(s)]] during which neither the licensor shall ask the licensee to vacate the premises, nor the licensee shall vacate the premises on his/her own during the Premiseslock-in period. By occupying In spite of this mandatory clause, if the Premises as a Tenantlicensee leaves the premises for whatsoever reason, or he shall pay to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that licensor license fee for the Premises are remaining lock-in period at the rate of agreed upon in the condition required by this Lease Agreementagreement. On the other hand, except items which are not in compliance with Exhibit A-3 Licensor shall compensate the Licensee for loss and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior inconvenience caused to the commencement date of Licensee if he has been asked to vacate the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.premises
Appears in 1 contract
Samples: Paying Guest Agreement
Possession. Except as otherwise provided, The "Delivery Date" shall be the date on which Landlord shall deliver delivers possession of the Premises Expansion Space to Tenant with the Demolition Work and the Asbestos/Lead Removal Work, if any, completed (the "Delivery Date"). Landlord shall use reasonable efforts to cause the Delivery Date to occur on or before the date hereinabove specified for commencement of that is forty-five (45) days after the Term, but delivery of possession prior to such commencement date shall not affect the expiration date execution of this Lease AgreementAmendment by both Landlord and Tenant (the "Estimated Delivery Date"). Failure of If for any reason whatsoever, Landlord to cannot deliver possession of the Premises by Expansion Space to Tenant with the date hereinabove providedDemolition Work and the Asbestos/Lead Removal Work, due if any, completed on or before the Estimated Delivery Date, this Amendment shall not be void or voidable, nor shall Landlord or Landlord's Agents be liable to a holding over by a prior tenant, Tenant for any loss or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement damage resulting therefrom. The Expiration Date of the Term and Lease shall extend not be affected by any delay in the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due Expansion Space to Tenant’s failure to agree to . Notwithstanding the Plansforegoing, changes in the event the Delivery Date does not occur on or additions to before the Plans or date that is seventy-five (75) days after the execution of this Amendment by both Landlord and Tenant Improvements made at (the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work"Outside Delivery Date"), Tenant shall be conclusively deemed entitled to have accepted one (1) day of additional Base Rent and Additional Rent abatement for each day the same and to have acknowledged that Delivery Date is delayed beyond the Premises are in Outside Delivery Date. For example purposes only, if the condition required by this Lease Agreement, except items Delivery Date occurs on the date which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty is eighty- four (3084) days of Tenant’s first occupancy of after the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term execution of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Amendment by Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide be entitled to nine (9) additional days of Base Rent and Additional Rent abatement commencing on the Rent Commencement Date. Notwithstanding the foregoing, the Outside Delivery Date shall be delayed by one (1) day for each day, if any, Landlord's completion of the terms Demolition Work and conditions the Asbestos/Lead Removal Work is actually delayed beyond the Outside Delivery Date due to delays resulting from Force Majeure Events as defined in Section 3 of the Lease (except that references therein to Exhibit B shall be deemed a reference to Exhibit B of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentAmendment).
Appears in 1 contract
Samples: To Lease Agreement (Kyphon Inc)
Possession. Except as otherwise providedOn or prior to October 1, 2001, Landlord shall deliver to Tenant possession of the Premises. If the Premises are not ready for occupancy on or before prior to October 1, 2001, this Lease shall nevertheless continue in effect, but (a) the Lease Commencement Date shall be delayed until the date hereinabove specified the Premises are ready for commencement occupancy, (b) the Lease Expiration Date shall be delayed one (1) day for each day after October 1, 2001, that the Premises are not ready for occupancy, and (c) the Rent Commencement Date shall be delayed one (1) day for each day after October 1, 2001, that the Premises are not ready for occupancy, and Landlord shall have no other liability whatsoever on account thereof. Neither the Lease Commencement Date nor the Rent Commencement Date shall be delayed if the Premises are not ready for occupancy because of any delay resulting from Tenant's failure to submit the Preliminary Space Plan within the time period provided in Exhibit C or Tenant's failure to submit plans on or prior to Tenant's CD Submittal Date in accordance with Exhibit C or Tenant's failure otherwise to comply with the Approval Procedures or Tenant's failure to comply with Landlord's Payment Request within the time period provided in Exhibit C, or resulting from changes or additions to Tenant's plans after the initial submission (collectively, "Tenant Delays"). Furthermore, the Rent Commencement Date shall not be delayed in the event the schedule for completion of the Termimprovements to the Premises, but delivery as determined by the contractor, shall contemplate a completion date after October 1, 2001, except to the extent of any delays in the Lease Commencement Date which arise subsequent to the determination of the adjusted Lease Commencement Date (as provided in Exhibit C), based upon the contractor's schedule and which are not the result of a Tenant Delay. The Premises shall be deemed ready for occupancy if only insubstantial details of construction, decoration or mechanical adjustments to be performed by Landlord remain to be done. The determination of Landlord's tenant finish representative for the Building shall be final as to whether the Premises are ready for occupancy. Tenant's taking possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession any portion of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement be conclusive evidence that such portion of the Term Premises was in good order and shall extend the termination date satisfactory condition when Tenant took possession, except as to latent defects and damage caused by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and Tenant or Tenant's agents. On the date on which Tenant takes possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the entire Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant parties shall execute a ratification agreement which Lease Commencement Agreement in the form attached hereto as Exhibit E confirming the Lease and Rent Commencement Dates and setting forth any incomplete items (if any), but failure to execute such document shall set forth not in any manner affect the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage obligations of the Premises, and delivery of the Premises in the condition required by this Lease Agreementparties hereunder. Tenant shall at all reasonable times from and after the date acknowledges that is 14 days prior to the commencement date neither Landlord nor any agent of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection Landlord has made any representation or warranty with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished respect to the Premises during Tenant’s early-access periodor the Building, as reasonably estimated by Landlord. Any other provision herein or with respect to the contrary notwithstanding, (a) Landlord shall allow access to suitability of either for the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions conduct of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent's business.
Appears in 1 contract
Samples: Ebs Building LLC
Possession. Except as otherwise provided, If Landlord shall deliver not be ready or able to give possession of the Leased Premises to Tenant on or before the Commencement Date, then such date shall be postponed until Landlord shall be ready and able to so give possession, and rent shall not run in the meantime but shall be apportioned as of the date hereinabove specified Landlord notifies Tenant that the Leased Premises will be ready for commencement of the Term, but delivery of possession prior to such commencement date occupancy; and Landlord shall not affect the expiration date of this Lease Agreement. Failure of be liable for damages, if any, sustained by Tenant due to any failure by Landlord to deliver possession of the Leased Premises by before the date hereinabove providedsame are ready for occupancy except as otherwise required or provided in the Act. If the Landlord fails to deliver possession of the premises to Tenant in accordance with the Rental Agreement, due Tenant may exercise any rights Tenant may have under the Act. Landlord shall not be liable for the failure to a holding over by a prior tenantdeliver possession of the Leased Premises, or any other cause beyond Landlord’s control, or time required for construction delays due than to labor or material shortages, strikes, or acts the extent of God, shall automatically postpone abatement of rent from the date of the commencement of this lease to the Term day possession is delivered to Tenant on the rental basis herein set forth, unless otherwise provided in the Act. If Tenant shall, before the Commencement Date, default in the performance of any agreement by Tenant contained herein or in any other Rental Agreement between Landlord and Tenant, then, at the option of Landlord, this Rental Agreement shall extend not go into effect and Tenant shall not be entitled to possession hereunder. As the termination date Leased Premises may be in an apartment house or apartment development with many apartments and as the occupancy of one tenant might interfere with the leasing of other apartments, therefore, without reflection upon the Tenant, to the extent allowed by periods equal the Act, it is agreed that the Landlord reserves the right to those which shall have elapsed between terminate this Rental Agreement and including the date hereinabove specified for commencement of the Term hereof re-enter and the date on which take possession of the Leased Premises is delivered at that time, after first giving fourteen (14) days’ written notice to the TenantTenant of the election of the Landlord to terminate this Rental Agreement. Provided further, that if In the event this lease is terminated under this paragraph the Landlord shall be delayed in delivery refund to the Tenant at the time Tenant vacates the Leased Premises, the unearned portion of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes rent so paid in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay advance on the rental basis herein set forth. Nothing herein contained shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement deemed a waiver of the Term, Landlord shall have no responsibility or liability of any claim for loss or damage damages for injury to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days property prior to the commencement date of termination. Landlord will begin leasing for the Term have access term of August 2024 through July 2025 on October 2, 2023. If Xxxxxx wants to stay for the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access following term a new lease must be signed prior to September 29, 2023. If a lease is not signed the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall property will be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentrented on a first come basis.
Appears in 1 contract
Samples: Rental Agreement
Possession. Except as otherwise provided, Landlord shall deliver possession of A. Upon the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date full and final execution of this Lease Agreement. Failure of by Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed have the right to have accepted the same and to have acknowledged that occupy the Premises are for the performance of the Initial Alterations (as defined in Exhibit D). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 Premises unless and for which until Tenant has given Landlord a written “punch list” within thirty (30) days complied with all of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of Article IX.B. of this Lease including carrying Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Landlord agrees to act reasonably in connection with its approval of Tenant's plans and specifications for the Initial Alterations and in its approval of any contractor proposed by Tenant, provided that in no event shall Landlord be required to grant its approval to any contractor that is not licensed, is not capable of being bonded for the amount of the Initial Alterations or does not maintain insurance specified of the types and amounts required by this Lease. Tenant's occupancy of the Premises for the period prior to the Commencement Date shall be subject to all of the terms and conditions of the Lease, as if provided that, with the Term had already commencedexception of electricity charges and charges for special services requested by Tenant, except that Tenant shall have no obligation not be required to pay Base Rental or Additional Base Rental with respect to the Minimum Rentalperiod of time prior to the Commencement Date. Notwithstanding the foregoing, Real Estate Taxes or Operating Expenses until if Tenant begins to conduct its business in the earlier of (i) Premises prior to the Commencement Date, Tenant shall pay Base Rental to Landlord for the period beginning on the date Tenant occupies first begins to conduct its business and ending on the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished day prior to the Premises during Tenant’s earlyCommencement Date at the rate of twenty-access periodsix thousand two hundred forty-five and 22/100 dollars ($26,245.22), as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors pro rated for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentany partial months.
Appears in 1 contract
Samples: Office Lease Agreement (First Capital Income Properties LTD Series Xi)
Possession. Except That immediately upon the expiration or termination or cancellation of this agreement the Licensee shall vacate the said premises without delay with all his/her goods and belongings. In the event of the Licensee failing and / or neglecting to remove himself and / or his/her articles from the said premises on expiry or sooner determination of this Agreement, the Licensor shall be entitled to recover damages at the rate of double the daily amount of compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee and his/her belongings from the Licensed premises, without recourse to the Court of Law. FURNITURE AND APPLIANCES The said premises is having the Furniture and Appliances mentioned in the Schedule I. The licensee shall maintain the said Furniture and Appliances in the said premises in its existing condition and damage, if any, caused to the said Furniture and Appliances, the same shall be repaired by the Licensee/s at its own cost subject to normal wear and tear. The Landlord has provided names of the Equipment such as otherwise providedMicrowave, Landlord Oven, Refrigerator, Washing Machine & Air-conditioners at the “Demised Property” and servicing & repair will be the responsibility of the Tenant. That the Lessor shall, before handing over the said premises, ensure the working of sanitary, electrical and water supply connections and other fittings pertaining to the said premises. It is agreed that it shall deliver be the responsibility of the Lessor for their return in the working condition at the time of re-possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term said premises (reasonable wear and shall extend the termination date by periods equal to those which shall have elapsed between tear and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage by fire, flood, rains, accident, irresistible force or act of God excepted). That the Lessee shall use the said premises along with its fixtures and fitting in careful and responsible manner and shall handover the premises to fixturesthe Lessor in working condition (reasonable wear and tear and loss or damage by fire, facilities flood, rains, accidents, irresistible force or equipment installed or left act of God excepted). LOCK IN PERIOD Both the parties have agreed to set a lock-in period of __________[[Month(s)]] during which neither the licensor shall ask the licensee to vacate the premises, nor the licensee shall vacate the premises on his/her own during the Premiseslock-in period. By occupying In spite of this mandatory clause, if the Premises as a Tenantlicensee leaves the premises for whatsoever reason, or he shall pay to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that licensor license fee for the Premises are remaining lock-in period at the rate of agreed upon in the condition required by this Lease Agreementagreement. On the other hand, except items which are not in compliance with Exhibit A-3 Licensor shall compensate the Licensee for loss and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior inconvenience caused to the commencement date of Licensee if he has been asked to vacate the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.premises
Appears in 1 contract
Samples: Rental Agreement
Possession. Except The Premises are accepted by Tenant in "as otherwise providedis" condition and configuration, including without limitation any furniture or equipment in the Premises left behind by Patni Computer Systems, Inc., a Massachusetts corporation (as successor in interest to The Reference, Inc., a Massachusetts corporation) ("Prior Tenant"), without any representations or warranties by Landlord as to the Premises or the condition or ownership rights of any furniture or equipment in the Premises. Tenant's use of any existing furniture or equipment in the Premises shall deliver be at Tenant's sole risk, and Tenant shall have the sole responsibility for negotiating with the owner of the furniture and equipment to use and/or purchase such furniture and equipment. The inability of Tenant to utilize or purchase any of such furniture or equipment shall not constitute a default by Landlord hereunder, nor shall it entitle Tenant to any setoff, abatement or reduction in Rent. By taking possession of the Premises, Tenant agrees that the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date are in good order and satisfactory condition. Landlord shall not affect the expiration date of this Lease Agreement. Failure of Landlord be liable for a failure to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays space due to labor the holdover or material shortagesunlawful possession of such space by another party, strikes, or acts of God, however Landlord shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal use reasonable efforts to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which obtain possession of the Premises is delivered to space. The commencement date for the Tenant. Provided furtherspace, that if Landlord in such event, shall be delayed in delivery postponed until the date Landlord delivers possession of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the free from occupancy by any party. If Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy takes possession of the Premises before the Landlord and Tenant Commencement Date, such possession shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior be subject to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts pay Rent (defined in Section 4.01) to cause said contractors to cooperate and not interfere with Landlord for each other’s work; and (b) all provisions day of this Lease shall be in full force and effect during this early occupancy periodpossession before the Commencement Date. However, except Tenant’s obligation for the cost of services requested by Tenant (e.g. freight elevator usage), Tenant shall not be required to pay rentRent for any days of possession before the Commencement Date during which Tenant, with the approval of Landlord, is in possession of the Premises for the sole purpose of performing improvements or installing furniture, equipment or other personal property.
Appears in 1 contract
Samples: Sublease Agreement (Enernoc Inc)
Possession. Except as otherwise provided, Landlord shall deliver No Grantor may (A) Dispose of or relinquish possession of any Spare Parts Asset to anyone except that the Premises on or before applicable Grantors shall have the date hereinabove specified for commencement right (w) to Dispose to the extent permitted under Section 6.04 of the TermLoan Agreement and in the ordinary course of business, but delivery of possession prior (x) to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver transfer possession of any Spare Parts Asset in the Premises by ordinary course of business to the date hereinabove provided, due to a holding over by a prior tenant, manufacturer thereof or any other cause beyond Landlordorganization for testing, overhaul, repairs, maintenance, alterations or modifications (to the extent required or permitted by the terms hereof) or to any Person for the purpose of transport to any of the foregoing; provided that such Grantor covenants to promptly pay when due any payment obligation resulting in a mechanic’s controlor other Lien related to such testing service, repair, maintenance, overhaul, alternation, modification, or time required for construction delays due transport, (y) to labor subject any Spare Parts Asset to a maintenance servicing agreement arrangement entered into and operated in the ordinary course of business or material shortages(z) to transfer in the ordinary course of business any Spare Parts Asset between any Designated Spare Parts Locations; provided, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherhowever, that if Landlord the applicable Grantor’s title to any such Spare Parts Asset shall be delayed divested under any situation described in delivery clauses (x) through (z) above, such divestiture shall be deemed to be a Disposition with respect to such Spare Parts Asset subject to the provisions of Section 2.06(b) of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in Loan Agreement or additions to the Plans or the Tenant Improvements made (B) commingle at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged location its Spare Parts Assets that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance constitute Collateral with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) other Spare Parts of the date Tenant occupies the Premises and begins conducting business therefrom applicable Grantor not constituting Collateral or (ii) the commencement date Spare Parts of another Affiliate if such other Affiliate has pledged Spare Parts which are not Collateral to secure any other Indebtedness or obligations, unless (x) the ownership of each such commingled Spare Parts can be definitely determined at all times by reference to the applicable Grantor’s or Affiliate’s Spare Parts tracking number and system, as applicable, or (y) the Spare Parts of such Grantor or Affiliate are not of a type or category of spare parts that corresponds to a type of category of Spare Parts Assets that is included in the Collateral; provided that Spare Parts that are segregated on a separate aisle, shelf or in a separate storage bin or other storage unit or area shall not be considered as having been commingled even though such Spare Parts are present at the same location so long as the applicable Grantor install signs in or on each such aisle, shelf, bin or other storage unit or area containing Collateral bearing the inscription: “Property of [GRANTOR], Mortgaged to THE BANK OF NEW YORK MELLON as Collateral Agent for the benefit of the Term. Tenant shall also pay the charges for all utilities furnished Secured Parties” (such sign to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentreplaced if there is a successor Collateral Agent).
Appears in 1 contract
Samples: Patent Security Agreement (Sun Country Airlines Holdings, Inc.)
Possession. Except as otherwise provided, Landlord shall deliver No Grantor may (A) Dispose of or relinquish possession of any Spare Parts Asset to anyone except that the Premises on or before applicable Grantors shall have the date hereinabove specified for commencement right, (w) to Dispose to the extent permitted under Section 6.04 of the TermLoan Agreement and in the ordinary course of business, but delivery of possession prior (x) to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver transfer possession of any Spare Parts Asset in the Premises by ordinary course of business to the date hereinabove provided, due to a holding over by a prior tenant, manufacturer thereof or any other cause beyond Landlordorganization for testing, overhaul, repairs, maintenance, alterations or modifications (to the extent required or permitted by the terms hereof) or to any Person for the purpose of transport to any of the foregoing; provided that such Grantor covenants to promptly pay when due any payment obligation resulting in a mechanic’s controlor other Lien related to such testing service, repair, maintenance, overhaul, alternation, modification, or time required for construction delays due transport, (y) to labor subject any Spare Parts Asset to a maintenance servicing agreement arrangement entered into and operated in the ordinary course of business or material shortages(z) to transfer in the ordinary course of business any Spare Parts Asset between any Designated Spare Parts Locations; provided, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherhowever, that if Landlord the applicable Grantor’s title to any such Spare Parts Asset shall be delayed divested under any situation described in delivery clauses (x) through (z) above, such divestiture shall be deemed to be a Disposition with respect to such Spare Parts Asset subject to the provisions of Section 2.06(b) of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in Loan Agreement or additions to the Plans or the Tenant Improvements made (B) commingle at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged location its Spare Parts Assets that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance constitute Collateral with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) other Spare Parts of the date Tenant occupies the Premises and begins conducting business therefrom applicable Grantor not constituting Collateral or (ii) the commencement date Spare Parts of another Affiliate if such other Affiliate has pledged Spare Parts which are not Collateral to secure any other Indebtedness or obligations, unless (x) the ownership of each such commingled Spare Parts can be definitely determined at all times by reference to the applicable Grantor’s or Affiliate’s Spare Parts tracking number and system, as applicable, or (y) the Spare Parts of such Grantor or Affiliate are not of a type or category of spare parts that corresponds to a type of category of Spare Parts Assets that is included in the Collateral; provided that Spare Parts that are segregated on a separate aisle, shelf or in a separate storage bin or other storage unit or area shall not be considered as having been commingled even though such Spare Parts are present at the same location so long as the applicable Grantor install signs 1" = "1" "WEIL:\97602794\7\13173.0005" "" WEIL:\97602794\7\13173.0005 in or on each such aisle, shelf, bin or other storage unit or area containing Collateral bearing the inscription: “Property of [GRANTOR], Mortgaged to THE BANK OF NEW YORK MELLON as Collateral Agent for the benefit of the Term. Tenant shall also pay the charges for all utilities furnished Secured Parties” (such sign to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentreplaced if there is a successor Collateral Agent).
Appears in 1 contract
Possession. Except as otherwise providedUpon the occurrence of a Default, Landlord shall deliver or any event or circumstance which, with the lapse of time or the giving of notice, or both, would constitute a Default hereunder, the Collateral Agent is authorized prior or subsequent to the institution of any foreclosure proceedings to enter upon the Mortgaged Property, or any part thereof, and to take possession of the Premises on Mortgaged Property and of all books, records and accounts relating thereto and to exercise without interference from Grantor any and all rights which Grantor has with respect to the management, possession, operation, protection or before the date hereinabove specified for commencement preservation of the TermMortgaged Property, but delivery including the right to rent the same for the account of possession prior Grantor and to deduct from such commencement date shall not affect the expiration date rents all costs, expenses and liabilities of this Lease Agreement. Failure of Landlord to deliver possession of the Premises every character incurred by the date Collateral Agent in collecting such rents and in managing, operating, maintaining, protecting or preserving the Mortgaged Property and to apply the remainder of such rents to the Indebtedness in such manner as the Collateral Agent may elect in its sole discretion. All such costs, expenses and liabilities incurred by the Collateral Agent in collecting such rents and in managing, operating, maintaining or preserving the Mortgaged Property, if not paid out of rents as hereinabove provided, due to shall constitute a holding over demand obligation owing by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term Grantor and shall extend be subject to and covered by Paragraph 2.3 hereof. If necessary to obtain the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified possession provided for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreementabove, the commencement date of the Term shall become Collateral Agent may invoke any and be the first day of the first full calendar month following the date when Tenant’s rental obligation commencesall legal remedies to dispossess Grantor, including, without limitation, one or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month)more actions for forcible entry and detainer, whichever date is later, trespass to try title and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipmentrestitution. In connection with such access prior any action taken by the Collateral Agent pursuant to this Paragraph, the commencement date Collateral Agent shall not be liable for any loss sustained by Grantor resulting from any failure to rent the Mortgaged Property, or any part thereof, or from any other act or omission of the TermCollateral Agent in managing the Mortgaged Property (REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE COLLATERAL AGENT) unless such loss is caused by the willful misconduct or gross negligence of the Collateral Agent, Tenant nor shall abide the Collateral Agent be obligated to perform or discharge any obligation, duty or liability under any Lease covering the Mortgaged Property or any part thereof or under or by reason of this instrument or the exercise of rights or remedies hereunder. Grantor shall and does hereby agree to indemnify the Collateral Agent for, and to hold the Collateral Agent (which shall include the directors, officers, partners, employees, representatives and agents of the Collateral Agent and any persons or entities owned or controlled by, owning or controlling or under common control or affiliated with the Collateral Agent) harmless from, any and all liability, loss or damage which may or might be incurred by the Collateral Agent under any Lease or under or by reason of this Mortgage or the exercise of rights or remedies hereunder and from any and all claims and demands whatsoever which may be asserted against the Collateral Agent by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any Lease, REGARDLESS OF WHETHER SUCH LIABILITY, LOSS, DAMAGE, CLAIMS OR DEMANDS ARE THE RESULT OF THE NEGLIGENCE OF THE COLLATERAL AGENT, UNLESS SUCH LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COLLATERAL AGENT. Should the Collateral Agent incur any such liability, the amount thereof, including costs, expenses and reasonable attorneys’ fees, shall be subject to and covered by Paragraph 2.3 hereof. Nothing in this Paragraph shall impose any duty, obligation or responsibility upon the Collateral Agent for the control, care, management or repair of the Mortgaged Property, nor for the carrying out of any of the terms and conditions of this Lease including carrying any such Lease; nor shall it operate to make the insurance specified Collateral Agent responsible or liable for any waste committed on the Mortgaged Property by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes tenants or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom by any other parties or (ii) the commencement date for any dangerous or defective condition of the TermMortgaged Property, OR FOR ANY NEGLIGENCE IN THE MANAGEMENT, UPKEEP, REPAIR OR CONTROL OF THE MORTGAGED PROPERTY RESULTING IN LOSS OR INJURY OR DEATH TO ANY TENANT, LICENSEE, EMPLOYEE OR STRANGER, UNLESS SUCH LOSS OR INJURY RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COLLATERAL AGENT. Tenant shall also pay Grantor hereby assents to, ratifies and confirms any and all actions of the charges for all utilities furnished Collateral Agent with respect to the Premises during Tenant’s early-access periodMortgaged Property taken under this Paragraph and agrees that the foregoing indemnity shall not terminate upon release, as reasonably estimated by Landlord. Any foreclosure or other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions termination of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentMortgage.
Appears in 1 contract
Samples: Pledge Agreement (Stolt Nielsen S A)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises with the Landlord’s Work thereto substantially completed (“Delivery Condition”) as soon as is reasonably practicable, which Landlord and Tenant anticipate to be on or before August 1, 2022 (the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of “Scheduled Delivery Date”). As used in this Lease Agreement, “substantial completion” of the Landlord’s Work or their being “substantially completed” means (i) Landlord has completed construction of the Landlord’s Work in accordance with Exhibit B and the Project Plans to such an extent that Tenant may commence construction of the Tenant Improvements without unreasonable delay or interference, subject to completion by Landlord of normal punch list items that do not materially interfere with Tenant’s performance of the Tenant Improvements (hereafter called the “Punch List Items”) or other items which would not cause an unreasonable delay or interference with Tenant’s construction activities; (ii) if requested by Tenant prior to Landlord’s tender of the Premises to Tenant with the Landlord’s Work thereto substantially completed, then Landlord shall have delivered to Tenant an AIA Form G704 Certificate of Substantial Completion, executed by the project architect, stating that the Landlord’s Work has been substantially completed in accordance with the Project Plans; and (iii) all necessary permits and approvals, including a fire marshal inspection and a certificate of occupancy or its equivalent (if required under applicable Law or the existing restrictions, if any) for the Building, have been obtained with regard to the Landlord’s Work. Failure of Landlord to deliver possession of the Premises Building in the Delivery Condition by the Scheduled Delivery Date, shall automatically postpone the Commencement Date, day for day, and shall extend the expiration date hereinabove providedof this Lease Agreement as to the entire Premises accordingly. In the event of a failure of Landlord to deliver possession of the Premises in the Delivery Condition by December 31, 2022 (“Termination Option Date”), Tenant may elect, at its option, to thereafter terminate this Lease Agreement upon written notice to Landlord and upon the giving of such notice this Lease Agreement shall be terminated except those obligations of Landlord and Tenant which expressly survive the expiration or termination of this Lease Agreement. Notwithstanding the foregoing or anything to the contrary in this Lease Agreement, the Termination Option Date shall be tolled, day for day, during any period which Landlord’s Work is halted, slowed or delayed, due to a holding over by a prior tenant, or any other cause beyond the reasonable control of Landlord’s control, or time required for construction delays due to including, without limitation, labor or material shortages, unavailability or back ordering of specified roofing supplies or materials, strikes, or pandemics, epidemics, casualty loss, acts of God, shall automatically postpone God or failure by the date of commencement City to timely approve any plans or issue a building permit (any of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherforegoing being hereafter called an “Excused Delay”) , that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plansprovided, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date Termination Option Date shall not be the last day of a calendar month, which date shall in no event be earlier extended due to Excused Delay for more than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises ninety (90) days in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after aggregate hereunder notwithstanding that any event or events of Excused Delay which would otherwise extend the date that is 14 Termination Option Date exceed more than ninety (90) days prior to in the commencement date of the Term have access to the Premisesaggregate; provided further, at Tenant’s own riskhowever, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant Delay shall have no obligation not be subject to pay the Minimum Rentalsuch 90-day cap. As used herein, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.“
Appears in 1 contract
Samples: Lease Agreement (SomaLogic, Inc.)
Possession. Except as Unless otherwise providedagreed to in writing, Landlord possession shall deliver possession of be delivered on the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date Commencement Date of this Lease AgreementLease. Failure of If Landlord is unable to deliver possession of the Premises by premises at the date hereinabove providedcommencement hereof, due to a holding over by a prior tenantLandlord shall not be liable for any damage caused thereby, nor shall this lease be void or any other cause beyond Landlord’s controlavoidable, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone but the date of commencement of the Lease Term and Rent Abatement period shall extend the termination date be extended by periods an amount of time equal to those which shall have elapsed between the delay in possession. Tenant may terminate this lease if possession is not delivered within Thirty (30) days of Commencement Date, provided however, the parties understand and including agree that D-FW Supply Co., Inc. (the date hereinabove specified for commencement of “Existing Tenant”), occupying the Term hereof and East Warehouse comprising approximately 24,436 square feet on the date on which possession of Leased Premises, may remain in said premises during the Premises is delivered Rent Abatement Period without any compensation to the Tenant. Provided further, the Existing Tenant may continue to remain in said premises until August 31, 2003, and, in such case, Tenant shall receive additional rent abatement in the amount of $5,733.00 per month (17.64% of the monthly rent of $32,500.00) as well as a further abatement equal to 17.64% of the Property Taxes, insurance premiums, gas and water charges, and a rebate for the actual meter charges for electricity used by the Existing Tenant. Tenant, its agents, employees, or contractors shall have access to the Leased Premises for the installation of Tenant’s equipment. Such access during the Rent Abatement Period shall be at any time during reasonable business hours to enter any and all portions of the Leased Premises; provided, that if Tenant shall give the Existing Tenant notice 24 hours prior to any entry of the East Warehouse for the purpose of installing equipment, and provided that Tenant’s activities shall not unreasonably interfere with or disrupt the Existing Tenant’s operations. Landlord shall be delayed in delivery of solely responsible for removing the Premises to Existing Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not event it remains in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be Leased Premises after the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Existing Tenant’s occupancy lease and immediately shall take any and all action necessary (including self-help, if available) to obtain possession of the Premises and deliver same to Tenant. Landlord shall be solely responsible for repairing any damage done by the Landlord and Existing Tenant shall execute a ratification agreement which shall set forth to the final commencement and termination dates Leased Premises. In the event the Existing Tenant has not fully vacated the Leased Premises by August 31, 2003, for each day thereafter that the Term and shall acknowledge the Minimum Rental, the rentable square footage Existing Tenant remains in any portion of the Leased Premises, and delivery Rent shall xxxxx in the amount of $382.00 per day. The Existing Tenant may not remain in any portion of the Leased Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and for more than sixty (60) days after the date that is 14 days prior to the commencement date of the Term have access to the PremisesAugust 31, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent2003.
Appears in 1 contract
Samples: Industrial Lease (Bairnco Corp /De/)
Possession. Except Tenant has inspected the Expansion Space and agrees to accept the same "as otherwise providedis" without any agreements, representations, understandings or obligations an the part of Landlord to perform any alterations, repairs or improvements except as expressly provided in any separate agreement that may be signed by the parties in connection herewith. Any construction, alterations or improvements made to the Expansion Space by Tenant shall deliver possession be subject to Landlord's prior written approval including without limitation, approval of the Premises on or before the date hereinabove specified for commencement plans, specifications, contractors and subcontractors therefor, and all applicable terms and conditions of the TermLease relating to construction, but delivery alterations or improvements of possession the Premises, and such other reasonable requirements or conditions as Landlord may impose. During any period that Tenant shall be permitted to enter the Expansion Space prior to the Commencement date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of the Lease, except those provisions requiring payment of Expansion Space Rent. If Tenant shall be permitted to enter the Expansion Space prior to the Commencement Date for the purpose of occupying the same, Expansion Space Rent shall commence on such date; if Tenant shall commence occupying only a portion of the Expansion Space prior to the commencement date Date, such rent and charges shall not affect be prorated based on the expiration date number of this Lease Agreementrentable square fee occupied by Tenant. Failure of The Commencement Date shall be delayed and Expansion Space Rent shall be abated to the extent that Landlord fails: (i) to substantially complete any improvements to the Expansion Space required to be performed by Landlord under any separate agreement signed by both parties in connection herewith, or (ii) to deliver possession of the Premises by the date hereinabove providedExpansion Space for any other reason, due including but not limited to a holding over by prior occupants, except to the extent that Tenant, its contractors, agents or employees in any way contribute to either such failures. If Landlord so fails for a prior tenantninety (90) day initial grace period, or any other cause beyond Landlord’s control, or such additional time required for construction delays as may be necessary due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date shortages of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherlabor or materials, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plansgovernmental requirements, changes in acts or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent omissions of Tenant, then in its contractors, agents or employees, or other causes beyond Landlord's reasonable control, Tenant shall have the right to terminate this Tenant Expansion Agreement by written notice to Landlord any time hereafter up until Landlord substantially completes any such case Landlord shall notify Tenant of improvements and delivers the Expansion Space to Tenant. Any such delay in the rental Commencement Date shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior not subject Landlord to the commencement of the Term, Landlord shall have no responsibility or any liability for any loss or damage resulting therefrom, and Tenant's sole remedy with respect thereto shall be the abatement of Expansion Space Rent and right to fixturesterminate this Agreement described above. Upon any such termination, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, landlord and Tenant shall be conclusively deemed entirely relieved of their obligations hereunder and any Additional Security Deposit and Expansion Space Rent payments shall be returned to have accepted Tenant. If the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease AgreementCommencement Date is delayed, the commencement date of Expiration Date under the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall not be similarly extended, unless the parties expressly agree in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentwriting.
Appears in 1 contract
Samples: Agreement (Corechange Inc)
Possession. Except as otherwise providedTenant acknowledges that the Premises are currently leased to another tenant in the Building (the “Current Tenant”), who intends to relocate to another area in the Building. Landlord shall use reasonable efforts to deliver possession the Premises to Tenant free and clear of the Premises Current Tenant and in broom clean condition on or before the date hereinabove specified for commencement of the TermMay 1, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord 2014; however, Landlord’s failure to deliver possession of the Premises by the date hereinabove providedto Tenant in such condition on May 1, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God2014, shall automatically postpone in no way affect the date validity of commencement this Lease or the obligations of the Term and Tenant hereunder. Landlord shall extend the termination date by periods equal not be liable for a failure to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which deliver possession of the Premises is delivered or any other space due to the holdover or unlawful possession of such space by the Current Tenant. Provided further, and Tenant shall not have any claim against Landlord by reason thereof; provided, however, that if Landlord fails to deliver the Premises to Tenant by June 15, 2014, then for each day thereafter until such time as the Premises are so delivered to Tenant, Tenant shall be delayed receive a rent credit equal to one day’s Base Rent. If Landlord for any reason does not deliver the Premises to Tenant free and clear of the Current Tenant and in broom clean condition by July 31, 2014, then Tenant may elect to terminate this Lease by giving written notice of such election to Landlord at any time after July 31, 2014, and before Landlord has delivered the Premises as aforesaid. If Tenant so elects, then this Lease shall terminate on the date that is ten (10) Business Days after delivery of Tenant’s termination notice unless, on or before the expiration of such ten Business-Day period, Landlord delivers possession of the Premises to Tenant due to as aforesaid, in which event Tenant’s termination election shall automatically become void. The Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord, except that Landlord represents that, as of the Execution Date: (a) the Building systems shall be in good working order; (b)) Landlord holds fee simple title to the Building and Property, subject to no mortgage other than a mortgage in favor of General Electric Capital Corporation; (c) Landlord has full power and authority to enter into this Lease and has obtained all consents and taken all actions necessary in connection therewith; and (d) no other party has any possessory right to the Premises or has validly claimed the same. Landlord shall not be liable for a failure to agree to deliver possession of the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant Premises or any other delay caused by a party employed by space due to the holdover or the agent of Tenant, then in such case Landlord shall notify Tenant unlawful possession of such delay the rental shall be accelerated space by the number of days of such delayanother party; provided, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that Landlord shall use reasonable efforts to obtain possession of the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1space. Immediately after Tenant’s occupancy If Tenant takes possession of the Premises before the Landlord and Tenant Commencement Date, such possession shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior be subject to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts pay Rent (defined in Section 4.01) to cause said contractors to cooperate and not interfere with Landlord for each other’s work; and (b) all provisions day of this Lease shall be in full force and effect during this early occupancy periodpossession before the Commencement Date. However, except Tenant’s obligation for the cost of services requested by Tenant (e.g., freight elevator usage), Tenant shall not be required to pay rentRent for any days of possession before the date set forth in Section 1.03 for the commencement of the payment of Base Rent.
Appears in 1 contract
Samples: Office Lease Agreement (Karyopharm Therapeutics Inc.)
Possession. Except The obligations of Landlord and Tenant with respect ---------- to the initial leasehold improvements to the Demised Premises are set forth in the Tenant Improvement Agreement attached hereto as otherwise providedEXHIBIT "D" and by this ----------- reference made a part hereof. Tenant agrees to comply with all of the terms and provisions of the Tenant Improvement Agreement. If, Landlord shall for any reason whatsoever, the Demised Premises are not substantially completed by the Commencement Date, or if Landlord, for any reason whatsoever, cannot deliver possession of the Demised Premises to Tenant on the Commencement Date, this Lease shall not be void or before the date hereinabove specified voidable, nor shall Landlord be liable to Tenant for commencement of the Term, but any resulting loss or damages. No delay in delivery of possession prior shall operate to relieve Tenant of Tenant's obligations to Landlord, except where such commencement delay results in an adjustment of the Commencement Date and the Rental Commencement Date pursuant to the Tenant Improvement Agreement. Landlord shall be deemed to have delivered possession of the Demised Premises for Tenant's occupancy on the date upon which Landlord has notified Tenant that the "Work", as that term is defined in the Tenant Improvement Agreement, is substantially complete, subject only to completion of items customarily classified as "punchlist items" in the construction industry and delays or incomplete items caused by Tenant (such date hereinafter referred to as the "Occupancy Date"). Within ten (10) days after the Occupancy Date, Tenant shall execute and deliver to Landlord a Tenant Acceptance Agreement in the form attached hereto as EXHIBIT "C". Tenant may ----------- state in such Tenant Acceptance Agreement any defects in the Demised Premises remaining to be repaired or completed by Landlord ("Punchlist Items"), provided, however, that acceptance by Landlord of the Tenant Acceptance Agreement with a statement of Punchlist Items shall not affect constitute the expiration date of this Lease Agreement. Failure agreement of Landlord to deliver possession repair or complete any Punchlist Items not included in the "Working Drawings," as that term is defined in the Tenant Improvement Agreement. Upon the earlier of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Acceptance Agreement by Tenant or any other delay caused by a party employed by or occupancy of the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken Demised Premises by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and waived objection to have acknowledged that the Premises are any defects not enumerated in the condition required by this Lease a Tenant Acceptance Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations defects not discoverable by reasonable diligence of Tenant under this Lease Agreement occur for any reason on a day other than and of which Tenant gives Landlord written notice within one (1) year after the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease AgreementOccupancy Date. Tenant shall at all reasonable times from be deemed to have waived objection to any defects of any nature if a Tenant Acceptance Agreement is not executed and delivered within ten (10) days after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentOccupancy Date.
Appears in 1 contract
Samples: Lease Agreement (Webmd Inc)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed entitled to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason possession on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day term of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is laterthis Lease, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be yield possession to Landlord on the last day of a calendar monththe term of this Lease, which date shall unless otherwise agreed by both parties in no event be earlier than writing. At the termination date set out in Article 1. Immediately after Tenant’s occupancy expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good condition as when delivered to Tenant, ordinary wear and tear excepted. EXISTING CROPS: Tenant is to have the crops now planted and growing, and on leaving Tenant is to seed as many acres of crops as was found on the leased premises when Xxxxxx took possession. NO PARTNERSHIP. Nothing in this lease shall create a partnership, joint venture, employment, or any other relationship between Xxxxxx and Xxxxxx, than that of landlord and tenant. Neither party shall be liable, except as otherwise expressly provided herein, for the other party's obligations or liabilities. Tenant shall indemnify and hold Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rentalhis property, the rentable square footage of including the Premises, free and delivery harmless from all obligations and liabilities incurred by Lessee in conducting farming or other operations on the Premises, whether under this lease or otherwise. USE OF PREMISES/ABSENCES. The Premises shall be used for the purpose of the planting, growing, and harvesting of crops; The feeding, pasturing, maintenance, and production of agricultural livestock; and The Premises in the condition required by this Lease Agreementshall not be used for any other purpose without Landlord's prior written consent. Tenant shall carry on all of the activities specified above in accordance with good husbandry and the best practices of the farming community in which the leased premises are situated. Tenant shall, at Tenant's cost and expense, comply with any and all reasonable times from laws, ordinances, rules, regulations, requirements, and after the date that is 14 days prior orders present or future, of any federal, state, county, or municipal governments which may in any way apply to the commencement date use, maintenance, operations, or production of crops on the Term leased premises, or the sale or disposition of those crops. Tenant agrees not to apply pesticides, insecticides, fungicides, herbicides, or other chemical treatments that will have access to a residual effect beyond the term of this lease except with the prior written consent of Landlord. DISEASE OR BLIGHT. If any disease or blight of any character appears on the Premises or in or on any crop growing or grown on the Premises, Tenant shall, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, its expense: (a) Landlord shall allow access to Employ the Premises to Tenant and its contractors best known methods for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s workeradicating such disease or blight; and (b) Consult with and follow the advice of all provisions experts on the subject recommended by Landlord, who have offices or reside within fifty miles of the Premises. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall, at its expense, insure for their full insurable value, through insurance policies issued by companies acceptable to Landlord, any crops specified in this Lease lease being grown by it on the Premises against damage or destruction by flood, fire, hail, and windstorms. The loss under any such policy shall be payable to Landlord and Tenant according to their respective interests in full force the crop. MAINTENANCE. Landlord shall have the responsibility to maintain any structures located on the Premises in good repair at all times and effect during this early occupancy period, perform all repairs necessary to satisfy any implied warranty of habitability except Tenant’s obligation to pay rent.that Tenant shall be responsible for: ..
Appears in 1 contract
Samples: Lease Agreement
Possession. Except as otherwise providedOn or before the Original Commencement Date, Landlord shall deliver substantially complete the work specified in Exhibit E hereto. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant on or before the Original Commencement Date for reasons beyond control of the Landlord, or because of delays in delivery of carpet, then Tenant shall [at Tenant's option] either take possession of the Premises on or before the date hereinabove specified (not later than six (6) months after the Original Commencement Date) when Landlord delivers possession of all the Premises, or occupy the premises prior to carpet installation and Landlord will install the carpet as soon as possible thereafter on a non-business day, which date shall be conclusively established by notice to Tenant, accompanied and confirmed by a certificate of an Architect, at least five (5) days before such date, and which date shall ten be considered to be the Commencement Date for commencement purposes of this Lease. Notwithstanding the Termforegoing, but in the event that any delay in delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises to Tenant is principally caused by or is attributable to the date hereinabove provided, due to a holding over by a prior act or neglect of tenant, or any other cause beyond Landlord’s controlits servant, agents, employees, or time required for construction delays due to labor or material shortagesindependent contractors (collectively "Tenant's Acts"), strikes, or acts of God, the Commencement Date shall automatically postpone be the date of commencement later of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and Original Commencement Date or the date on which possession of the Premises is would have been delivered to Tenant but for the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay's Acts, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted liable for Rent and other obligations under the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreementfrom said Commencement Date. Tenant shall at all reasonable times from and after the date that is 14 days may take occupancy prior to the commencement date installation of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentcarpet.
Appears in 1 contract
Samples: Amr Research Inc
Possession. Except as otherwise provided, (a) Landlord shall deliver possession of the Premises on or before to Tenant, for purposes of commencing the date hereinabove specified for commencement of the TermTenant buildout, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreementby June 26, 2009. Failure of Landlord to deliver If possession of the Premises by shall for any reason not be delivered to Tenant on or before June 26, 2009, this Lease shall continue in full force and effect, and for every day from June 26, 2009 to September 26, 2009 that Landlord does not deliver possession, Tenant shall receive one-half (1/2) day free rent from the date hereinabove providedCommencement Date forward. If Landlord does not deliver possession on or before September 26, due 2009, Tenant shall have the right to a holding over by a prior tenantterminate this Lease. Landlord shall reimburse Tenant for all out-of-pocket costs and expenses, or any other cause beyond Landlord’s controlincluding all architectural plans, or time required for construction delays due permits, licenses, and attorney fees, up to labor or material shortagesTwenty Thousand and 00/100 ($20,000.00) Dollars, strikes, or acts of God, shall automatically postpone plus the date of commencement cost of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof Liquor License and the date on which attorney fees incurred in its procurement. Upon payment to Tenant there shall be transferred to Landlord the Liquor License and this Lease shall be null and void. If Tenant shall take possession of any part of the Premises is delivered before the Commencement Date to the expedite Tenant. Provided further’s Work upon written agreement with Landlord, that if Landlord such possession shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated governed by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term provisions of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to not pay Landlord rent or other charges except for electricity consumed at the Minimum Rental, Real Estate Taxes or Operating Expenses until Premises. Neither the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any Term nor any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be affected by Tenant's prior occupancy, which shall occur only with the written permission of the Landlord. Further, there shall be added for each day of delay in full force providing possession an additional day to the term and effect during all rights of Tenant under the Lease shall be correspondingly extended. If Tenant is given possession to commence work of any kind, such shall not be deemed that the Tenant has taken possession of the Premises for the purposes of this early occupancy period, except Tenant’s obligation to pay rentLease.
Appears in 1 contract
Samples: Buffalo Wild Wings (Diversified Restaurant Holdings, Inc.)
Possession. Except as otherwise provided, Landlord shall reasonably attempt to deliver possession of portion of the Premises known as Premises A on or before February 1, 2011, the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration anticipated date of this Lease Agreementcommencement (the "Anticipated Commencement Date Premises A"). Failure of Landlord shall reasonably attempt to deliver possession of the portion of the Premises known as Premises B on May 1, 2011 (the "Anticipated Commencement Date Premises B"). If Landlord should be unable to deliver possession of Premises A or Premises B to the Tenant on the applicable Anticipated Commencement Date or thereafter for any reason. Landlord shall not be subject to any liability, claims or damages for failure to give possession on said date and this Lease shall not be terminated or terminable by reason of such delay. Under such circumstances, the commencement date hereinabove providedtor Premises A or Premises B, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of Godas the case may he, shall automatically postpone not be deemed to have occurred until the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered tendered by Landlord which may be confirmed by Landlord's delivery of notice to Tenant that possession has been delivered. provided, however, that in the event any delay in tendering possession to the Tenant beyond the applicable Anticipated Commencement Date is caused by any act, delay or omission of Tenant. Provided further, that if its employees, agents, contractors or invitees, Tenant shall remain obligated to commence paying rent hereunder with respect to Premises A or Premises B, as the case maybe, beginning on the earlier to occur of (i) the applicable Anticipated Commencement Date or (ii) the date the Landlord shall be delayed in delivery would have tendered possession of the Premises to Tenant due to Tenant’s failure to agree absent such act, delay or omission. If permission is given to the Plans, changes in or additions Tenant to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement enter into possession of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the applicable Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day occupy space other than the first day applicable Premises prior to the applicable Anticipated Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants and conditions of a calendar month, then in that event solely for the purposes of computing the Term provisions of this Lease AgreementLease, and that the commencement date of Rent shall commence on such date. Tenant covenants and agrees to execute and deliver such documentation as Landlord may reasonably require confirming the Term shall become applicable Commencement Date and be such other matters as Landlord or any lender may reasonably request. In addition. Landlord may elect to send a letter establishing the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 applicable Commencement Date (if such is other than the first not a specific calendared date of a calendar monthunder Section 2.1), whichever date is later, and the termination date which shall be adjusted accordingly; provided however, that the termination date shall be the last day binding for all purposes unless Tenant sends written notice of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1objection within five (5) business days of receipt. Immediately after It is Tenant’s occupancy 's obligation to coordinate pick-up of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of keys to the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date tender of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated delivery by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord use reasonable efforts to deliver possession of the Premises by to Tenant on or before the date hereinabove providedProjected Commencement Date specified in the Basic Lease Information. If Landlord, due to a holding over by a prior tenantfor any reason whatsoever, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which cannot deliver possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due on the Projected Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant’s failure Tenant for any loss or damage resulting therefrom; provided, however, that if Landlord does not deliver the Premises to agree to Tenant on or before that date which is 90 days after the PlansProjected Commencement Date, changes in or additions to the Plans or the Tenant Improvements made at the request as such date may be extended on account of Tenant Delays, casualty, inclement weather, labor disputes, shortage of materials, or any other delay caused matters beyond the reasonable control of Landlord, Tenant shall have the right to terminate this Lease by a party employed by or notifying Landlord thereof at any time before Landlord delivers possession of the agent Premises to Tenant in the condition required hereby. Within 10 days after written request from Landlord, Tenant shall execute and return to Landlord an acknowledgment of Tenant, then in the Commencement Date and such case other information as Landlord shall notify reasonably request. Tenant of such delay confirms and agrees that it is leasing the rental shall be accelerated by the number of days of such delayPremises in their "as is" state and condition that it has, and the rentals shall commence the same will have, reviewed and fully satisfied itself as if occupancy had been taken by Tenant. Prior to the commencement adequacy of the TermPremises, and that Landlord shall have no responsibility obligation whatsoever to make or liability pay for loss any improvements or damage renovation in the Premises to fixturesprepare the same for Tenant's occupancy, facilities or equipment installed or left on except as expressly provided elsewhere in this Lease. By taking possession of the Premises. By occupying Tenant shall be deemed to have accepted the Premises as a in good working order, condition, and repair, in compliance with all laws, statutes, ordinances and governmental rules, regulations or requirements, and otherwise in the condition in which Landlord was required to deliver them to Tenant. Notwithstanding the foregoing, Tenant may enter the Premises, at all times, at its own risk, subsequent to the mutual execution and delivery of this Lease, for the purpose of constructing tenant improvements, or to install fixtures, facilities or equipmentsupplies, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same inventory and to have acknowledged that the Premises are other properly in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defectsthe Premises prior to the Commencement Date. Should Pre-term possession will be subject to the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy availability of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior subject to the commencement date rights of prior tenants. During the Term have access to the Premisescourse of any such pre-term possession, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the all terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commencedexcept rent and commencement, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentapply.
Appears in 1 contract
Samples: Sublease Agreement (Planetout Inc)
Possession. Except (a) In the event the Premises shall not be completed and ready for occupancy on the Commencement Date or in the event Landlord is unable to deliver possession on such date by reason of the holding over or retention of possession by any tenant or occupant, this Lease shall nevertheless continue in force and effect, but Rent (as otherwise hereinafter defined) shall abatx xxxil the Premises are ready for occupancy or until the Landlord is able to deliver possession, as the case may be, and Landlord shall have no other liability whatsoever on account hereof; provided, Landlord however, there shall deliver be no abatement of Rent if the Premises are not ready for occupancy because of the failure to complete the installation of special equipment, fixtures or materials ordered by Tenant, or because of any delays resulting from Tenant's failure to promptly submit plans in accordance with the Work Letter attached hereto as Exhibit B or resulting from changes or additions to Tenant's plans after the initial submission thereof if changes during construction do, in fact, cause a delay or impede construction. The Premises shall not be deemed incomplete or not ready for occupancy if only insubstantial details of construction, decoration or mechanical adjustments remain to be done. The determination of Landlord's architect or interior space planner for the Building shall be final or conclusive on Tenant as to whether the Premises are completed and ready for occupancy, subject to punchlists or latent defects, that Tenants shall have the right to engage its own architect and in case of a dispute. (b) If Tenant shall take possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days part thereof prior to the commencement date Commencement Date; all of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms covenants and conditions of this Lease including carrying shall be binding upon the insurance specified by parties hereto with respect to such whole or part of the Lease, Premises as if the Term Commencement Date had already commencedbeen fixed as the date when Tenant took possession of such whole or part of the Premises. (c) Under no circumstances shall the occurrence of any of the events described in this Paragraph 2 be deemed to accelerate or defer the Termination Date. (d) Notwithstanding the contents of this Section 2., except that Tenant shall have no obligation the right, immediately after execution of this Lease by both Landlord and Tenant, and prior to the Commencement Date, to take possession of its Initial Computer Space. Landlord also agrees to commence demolition in the Initial Office Space upon execution of this Lease by Landlord and Tenant and to use its best efforts to complete 2 26 construction in said area by July 15, 1987, as extended by any delay caused by Tenant. If Landlord fails to complete the required demolition and reconstruction by that date, Landlord agrees to pay Tenant the Minimum Rentalsum of $10,000.00 as penalty therefor. Landlord will continue said construction to its completion, Real Estate Taxes in any case. Rent shall not be payable or Operating Expenses until owed by Tenant for areas so occupied, but Additional Rent, as hereinafter defined, shall be owed and payable for said areas, for the earlier period of (i) beginning with the date of occupancy through August 31, 1987, for Landlord-supplied Building services provided to Tenant, including electricity, after-hours heating, ventilating, and air-conditioning (pursuant to Section 7.A.(i) of this Lease), janitor services, if utilized, and additional security required by Tenant occupies and beyond the Premises and begins conducting business therefrom or (ii) scope of security otherwise provided the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated Building by Landlord. Any other provision herein to If the contrary notwithstanding, (aadditional chiller and associated air conditioning installation described in Section 7.A.(i) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work are not completed by not later than April July 15, 2004 1987, Landlord nevertheless covenants and Landlord agrees that it will provide for that interim period air conditioning and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere ventilation from the existing Building system for the Initial Office Space at a comfort level commensurate with each other’s work; and (b) all provisions of this Lease shall be that described in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentSection 7.A.(i). 3.
Appears in 1 contract
Samples: Lease Amendment Agreement (SPR Inc)
Possession. Except as otherwise provided, Landlord shall deliver possession of A. Upon the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date full and final execution of this Lease Agreement. Failure of by Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed have the right to have accepted the same and to have acknowledged that occupy the Premises are for the performance of the Initial Alterations (as defined in Exhibit C). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 Premises unless and for which until Tenant has given Landlord a written “punch list” within thirty (30) days complied with all of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of Article X.B. of this Lease including carrying Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Landlord agrees to act reasonably in connection with its approval of any contractor proposed by Tenant, provided that in no event shall Landlord be required to grant its approval to any contractor that is not licensed, is not capable of being bonded for the amount of the Initial Alterations or does not maintain insurance specified of the types and amounts required by this Lease, Tenant's occupancy of the Premises for the period prior to the Commencement Date shall be subject to all of the terms and conditions of the Lease, as if the Term had already commenced, except provided that Tenant shall have no obligation not be required to pay Base Rental or Additional Base Rental with respect to the Minimum Rentalperiod of time prior to the Commencement Date. Notwithstanding the foregoing, Real Estate Taxes or Operating Expenses until if Tenant begins to conduct its business in the earlier of (i) Premises prior to the Commencement Date, Tenant shall pay Base Rental to Landlord for the period beginning on the date Tenant occupies first begins to conduct its business and ending on the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished day prior to the Premises during Tenant’s earlyCommencement Date at the rate of eighty-access periodfive thousand seven hundred forty-one and 50/100 dollars per month, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors pro rated for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentany partial months.
Appears in 1 contract
Possession. Except a. Subject to Tenant Delay as otherwise providedset forth in the Work Letter and delays due to Force Majeure (as hereinafter defined), if the Landlord shall cannot deliver possession of the Premises on or before to Tenant at the date hereinabove specified for commencement of the TermCommencement Date, but delivery of possession prior to such commencement date this Lease shall not affect be void or voidable, the expiration date of the above Term shall be extended, to ten (10) years after the end of the month during which Landlord delivers possession to Tenant and all Rent shall be abated during the period between the Commencement Date and the time when Landlord delivers possession and Landlord shall pay all penalties (including any holdover penalty amount) incurred by Tenant at Tenant's current leased premises until such time as Landlord delivers possession of the Premises to Tenant. Notwithstanding anything to the contrary contained in this Paragraph 4(a), in the event that Landlord has not delivered possession of the Premises to Tenant, for any reason whatsoever, on or prior to ninety (90) days after the Commencement Date set forth in Paragraph 3 above, then Tenant may terminate this Lease Agreementupon written notice to Landlord and neither party shall thereafter have any obligations or liability under this Lease, except Landlord shall reimburse Tenant for all out of pocket architectural and engineering fees and expenses Tenant incurred in connection with the design and build-out of the Premises (but, not to exceed $25,000). Failure Nothing herein to the contrary shall relieve Landlord of Landlord its obligation to use its best efforts to complete the Tenant Improvements and to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to on or before the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.Commencement
Appears in 1 contract
Samples: Colorado Medtech Inc
Possession. Tenant shall not conduct business in all or any portion of the Premises before the Commencement Date, provided, however, that Tenant may have access to the Building and the Premises with Lessor's approval (not to be unreasonably withheld) without accrual of rental obligations prior to the Commencem ent Date for purposes of installing and moving in its equipment, personal property and furnishings and conducting Tenant's Work so long as the same does not interfere with the timely completion of Lessor's Work by Lessor. Except as otherwise providedprovided in Section 2, Landlord shall deliver this Lease will not be void or voidable and Lessor will not be liable to Tenant for any loss or damage resulting from any delay in delivering possession of the Premises on to Tenant, but unless the delay is principally caused by or before attributable to Tenant, its employees , agents or contractors, no Monthly Rent will be due for the period prior to the date hereinabove specified Lessor delivers possession of the Premises, unless Tenant elects to take possession of a portion of the Premises, in which case Monthly Rent will be due for the portion of the Premises taken. Tenant's occupancy o f the Premises will constitute Tenant's acceptance of the Premises, subject to Lessor's obligations under Section 2. Lessor warrants and represents to Tenant that, upon commencement of construction of the TermBuilding, but delivery of possession prior Lessor shall own marketable fee title to such commencement date shall not affect the expiration date Land, subject only to the Permitted Encumbrances referred to in Section 2.A(3). Lessor warrants and represents that Tenant, upon paying the rents and keeping the agreements of this Lease Agreement. Failure of Landlord on Tenant's part to deliver be kept and performed, shall have peaceful and uninterrupted possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing during the Term of this Lease Agreementsubject to the Permitted Encumbrances, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is except as other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall wise specifically set forth herein. Lessor further warrants and represents to Tenant that, subject only to Lessor's acquisition of fee simple title to the final commencement Land, Lessor has the right and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by power to enter into this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to perform its covenants and agreements pursuant to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentLea se.
Appears in 1 contract
Samples: Lease (Cyberoptics Corp)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord use commercially reasonable efforts to deliver possession of the Premises by to Tenant in accordance with the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone Work Letter Agreement attached hereto as Exhibit C upon the date of commencement mutual execution of the Term and shall extend Lease (the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified "Delivery Date") . If Landlord, for commencement of the Term hereof and the date on which any reason whatsoever, cannot deliver possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due on the Delivery Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant’s failure Tenant for any loss or damage resulting therefrom; provided, however, that if Landlord does not deliver the Premises to agree to Tenant on or before that date which is 120 days after the PlansDelivery Date, changes in or additions to the Plans or the Tenant Improvements made at the request as such date may be extended on account of Tenant Delays, casualty, inclement weather, labor disputes. shortage of materials, or any other delay caused matters beyond the reasonable control of Landlord, Tenant shall have the right to terminate this Lease by a party employed by or notifying Landlord thereof at any time before Landlord delivers possession of the agent Premises to Tenant in the condition required hereby. Within 10 days after written request from Landlord, Tenant shall execute and return to Landlord an acknowledgment of Tenant, then in the Commencement Date and such case other information as Landlord shall notify reasonably request. Tenant of such delay confirms and agrees that it is leasing the rental shall be accelerated by the number of days of such delayPremises in their "as is" state and condition that it has, and the rentals shall commence the same will have, reviewed and fully satisfied itself as if occupancy had been taken by Tenant. Prior to the commencement adequacy of the TermPremises, and that Landlord shall have no responsibility obligation whatsoever to make or liability pay for loss any improvements or damage renovation in the Premises to fixturesprepare the same for Tenant's occupancy, facilities or equipment installed or left on except as expressly provided elsewhere in this Lease. By taking possession of the Premises. By occupying , Tenant agrees that the Premises as are then in a good and tenantable condition, and otherwise in the condition in which Landlord was required to deliver them to Tenant. Notwithstanding the foregoing, Tenant may enter the Premises, at all times, at its own risk, subsequent to the mutual execution and delivery of this Lease, for the purpose of constructing tenant improvements, or to install fixtures, facilities or equipmentsupplies, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same inventory and to have acknowledged that other property in the Premises are in prior to the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy Commencement Date. Pre-term possession will be subject to the availability of the Premises. During the course of any such pre-term possession, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commencedexcept rent and commencement, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentapply.
Appears in 1 contract
Possession. Except as otherwise provided(a) Subject to Section 13.17 hereof, Landlord shall deliver possession of the Premises on to Tenant within one hundred fifty (150) days after Tenant has satisfied or before waived the date hereinabove specified for commencement of the Termcontingencies set forth in Section 2.2(e). If, but delivery of possession prior subject to such commencement date Section 13.17 hereof, Landlord shall not affect the expiration date of this Lease Agreement. Failure of Landlord fail to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to within one hundred sixty (160) days after Tenant has satisfied or waived the Planscontingencies set forth in Section 2.2(e) hereof, changes this Lease shall continue in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenantfull force and effect, then in such case but for every day after said one hundred sixtieth (160th) day that Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing workdoes not deliver possession, Tenant shall receive one (1) day free Base Rent (which amount shall increase to two (2) days free rent after the 180th day) from the Commencement Date forward. If, subject to Section 13.17 hereof, Landlord does not deliver possession within two hundred forty (240) days after Tenant has satisfied or waived the contingencies set forth in Section 2.2(e) hereof, Tenant shall have the right to terminate this Lease by notice to Landlord within fifteen (15) days after the expiration of said two hundred forty (240) day period or Tenant shall be conclusively deemed to have accepted waived such termination right and Landlord shall reimburse Tenant for all reasonable out-of-pocket costs and expenses actually incurred by Tenant, including all architectural plans, permits, licenses, attorney fees and the same cost of the Liquor License (and the attorney fees incurred in its procurement), in an amount for all of such costs and expenses not to have acknowledged that exceed One Hundred Fifty Thousand Dollars ($150,000.00). Upon payment to Tenant there shall be transferred to Landlord the Premises are in the condition required by Liquor License and this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date null and void. If Tenant shall be the last day take possession of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy any part of the Premises before the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior Commencement Date to the commencement date of the Term have access to the Premises, at expedite Tenant’s own riskWork upon written agreement with Landlord, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant possession shall abide be governed by the terms and conditions provisions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to not pay Landlord rent or other charges except for utilities consumed at the Minimum Rental, Real Estate Taxes or Operating Expenses until Premises. Neither the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any Term nor any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except affected by Tenant’s obligation prior occupancy, which shall occur only with the written permission of the Landlord. If Tenant is given possession to pay rent.commence work of any kind, such shall not be deemed that the Tenant has taken possession of the Premises for the purposes of this Lease
Appears in 1 contract
Samples: Buffalo Wild Wings (Diversified Restaurant Holdings, Inc.)
Possession. Except as otherwise provided, If this lease is executed before the Premises become ready for occupancy and Landlord shall cannot deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided furtherany reason other than an omission, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in delay or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay default caused by a party employed by or the agent of Tenant, then in such case rent shall xxxxx until Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delaycan deliver possession, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior Tenant hereby accepts such abatement in full settlement of any and all claims Tenant may have against Landlord arising from Landlord's inability to deliver possession at the commencement of the Term. Any occupancy by Tenant prior to the beginning of the Term, Landlord even if rent free, shall have no responsibility or liability for loss or damage in all other respects be pursuant to fixtures, facilities or equipment installed or left on the Premisesterms and provisions of this Lease. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing worktenant, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreementhereunder. 5. BASE MONTHLY RENTAL (e) Tenant shall pay in advance to Landlord at Landlord's address for rental payments set out in Paragraph 25 hereof, except items or at such other place as Landlord shall designate in writing, promptly, without demand, on the first day of each month during the Term a base monthly rental (the "BASE MONTHLY RENTAL"), which are not originally shall be NINE THOUSAND THREE HUNDRED TWENTY-TWO AND NO/100 DOLLARS ($9,322.00), and which shall be adjusted from time to time as provided in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of Paragraph 6 hereof. If the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason Term commences on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first or terminates on a day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates Base Monthly Rental for the Term first and last partial month shall acknowledge be prorated based upon the Minimum Rentalactual number of days in such a month. The Base Monthly Rental shall be due and payable in all events, without any setoff or deduction whatsoever. (f) Simultaneously with the rentable square footage execution of the Premisesthis Lease, Tenant has paid to Landlord, and delivery Landlord hereby acknowledges the receipt of NINE THOUSAND THREE HUNDRED TWENTY-TWO AND NO/100 DOLLARS (9,322.00) (the "INITIAL INSTALLMENT"). Such sum shall be applied by Landlord to the first installment(s) of Base Monthly Rental as they become due hereunder. In the event Tenant fails to take possession of the Premises in the condition required by this Lease Agreement. Tenant shall at accordance with all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to terms hereof, the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease initial installment shall be retained by Landlord for application in full force and effect during this early occupancy periodreduction, except but not in satisfaction, of damages suffered by Landlord as a result of such breach by Tenant’s obligation to pay rent. 1.
Appears in 1 contract
Possession. Except as otherwise provided, Landlord shall deliver possession Possession of the Premises Property shall be delivered to Purchaser at Closing, free and clear of all liens and claims other than Permitted Exceptions, in the same condition as it exists on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement, ordinary wear and tear excepted and except as provided in Sections 12 and 13 hereof. Failure of Landlord to deliver possession The Existing Tenant is the sole tenant of the Premises by Property. The Sun Leases are scheduled to expire on June 30, 2002 and the date hereinabove Closing shall be contingent upon the Existing Tenant having vacated the Property substantially in accordance with the terms of the Sun Leases prior to Closing; provided, due to a holding over by a prior tenanthowever, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the parties agree that the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord Closing shall be delayed in delivery accordance with Line 9 of the Premises Summary Statement until such time as the Existing Tenant shall have vacated the Property. In the event the transaction contemplated by this Agreement fails to Tenant close on or before August 1, 2002 due to Tenant’s failure to agree solely to the Plansfact that the Existing Tenant has not vacated the Property substantially in accordance with the terms of the Sun Leases, changes in or additions then Purchaser shall receive as a credit at Closing an amount equal to interest calculated at the Imputed Interest Rate (defined below) on the amount of the Xxxxxxx Money theretofore paid to Seller from August 1, 2002 through the date of Closing. For purposes hereof, the Imputed Interest Rate shall be a per annum rate of interest equal to the Plans or rate of interest Escrow Agent was paying on the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same Xxxxxxx Money as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord Approval Date ("Imputed Interest Rate"). Purchaser shall have no responsibility or liability for loss or damage the right to fixtures, facilities or equipment installed or left on inspect the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” Property within thirty three (303) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to Closing to verify that the commencement date condition of the Term have Property is as required under this Agreement. Subject to the terms of the Sun Leases, Seller shall exercise reasonable efforts to afford Purchaser reasonable access to the Premises, at Tenant’s own risk, expense and responsibility, Improvements for purposes of installing Tenant’s furnitureinspecting and/or measuring the premises, trade fixtures it being understood and equipment. In connection with such access agreed that Purchaser shall not have the right to perform any construction or demolition work in or about any portion of the Property prior to the commencement date of the Term, Tenant shall abide Closing Date. The Generator was installed by the terms and conditions of this Lease including carrying Existing Tenant who may or may not be obligated to remove it from the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished Property pursuant to the Premises during Tenant’s early-access period, as reasonably estimated by LandlordSun Leases. Any other provision herein to the contrary notwithstanding, (a) Landlord Seller covenants that it shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use exercise reasonable and diligent efforts to cause said contractors the Existing Tenant to cooperate leave the Generator at the Property and to relinquish any and all right and title it may have thereto (and, to the extent feasible, to transfer title to the Generator directly to Purchaser); provided, however, Seller shall not interfere with each other’s workbe obligated to incur any expense or obligation or relinquish any rights it may have against the Existing Tenant (except the obligation of the Existing Tenant to remove the Generator) in order to effectuate same. As consideration for allowing the Existing Tenant to possibly leave the Generator at the Property, Seller shall have the right to require that the Existing Tenant agree to remove the Generator from the Property in the event this Agreement is terminated or the transaction contemplated hereby does not close for any reason. Seller shall exercise reasonable efforts to resolve this issue prior to the Approval Date; provided, however, it shall not be a condition of this Agreement that the Generator remain at the Property. Purchaser acknowledges that (1) as of the date of this Agreement, Seller may not have title or any rights to the Generator, (2) if Seller fails to obtain title thereto, all references to "Property" in this Agreement shall specifically exclude the Generator, and (b3) notwithstanding anything contained in this Agreement to the contrary, Seller is making no representations or warranties with respect to title to or the condition of the Generator and all provisions of this Lease shall be representations contained in full force and effect during this early occupancy periodthe Agreement (including, except Tenant’s obligation to pay rentbut not limited to, those contained in Section 8) hereby specifically exclude the Generator.
Appears in 1 contract
Samples: Real Estate Purchase and Sale Agreement (Credence Systems Corp)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s 's control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term of this Lease Agreement and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. The rentals herein reserved shall commence on the first day of the Term, provided, however, in the event of any occupancy by Tenant prior to the beginning of the Term, such occupancy shall in all respects be the same as that of a tenant under this Lease Agreement, and the rental shall commence as of the date that Tenant enters into such occupancy of the Premises. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s 's failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, or by Tenant's failure to pay for the costs of the Tenant Improvements requested by Tenant subsequent to approval of the Plans, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “"punch list” " within thirty (30) days of Tenant’s 's first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s 's rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s 's occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Samples: Lease Agreement (Sajan Inc)
Possession. Except as otherwise provided, Landlord shall deliver possession of the Premises on or before to Tenant by the date hereinabove specified for commencement of Commencement Date, and subject to the Term, but delivery of possession prior to such commencement date shall not affect the expiration date provisions of this Lease AgreementSection 4.2 and Section 4.3 below. Failure of Tenant agrees that if Landlord is unable to deliver possession of the Premises by to Tenant on or prior to the date hereinabove providedEstimated Commencement Date, due the Lease will not be void or voidable, nor will Landlord be liable to a holding over by a prior tenantTenant for any loss or damage resulting therefrom, or any other cause beyond Landlord’s control, or except Tenant shall not be liable for Rent until such time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which as Landlord delivers possession of the Premises is delivered and except for Tenant’s right to the Tenant. Provided further, that terminate if Landlord shall be delayed in delivery fails to deliver possession by July 31, 2010 as hereinafter provided. If Landlord does not deliver possession of the Premises to Tenant by July 31, 2010, other than due to the failure of Tenant to pay the Security Deposit, the first installment of rent or failure to provide Landlord with Tenant’s failure insurance certificates as required under this Lease, then Tenant as its sole and exclusive remedy, shall have the right to agree terminate this Lease upon written notice to Landlord prior to the Plans, changes in or additions date Landlord offers to deliver possession of the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Premises to Tenant. Prior to the commencement of the TermIn such event, Landlord shall have no responsibility or liability for loss or damage promptly return to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, all prepaid rent and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Security Deposit previously delivered by Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein Notwithstanding the foregoing, Landlord will not be obligated to the contrary notwithstanding, (a) Landlord shall allow access to deliver possession of the Premises to Tenant until Landlord has received from Tenant all of the following: (i) a copy of this Lease fully executed by Tenant; (ii) any Security Deposit, if required hereunder and its contractors for Tenant fit-up work by not later than April 15the first installment of Monthly Base Rent and Additional Rent, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s workif any, due under this Lease; and (biii) all provisions copies of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentinsurance certificates as required hereunder.
Appears in 1 contract
Samples: Work Letter Agreement (Gigamon LLC)
Possession. Except as otherwise providedA. If Landlord, Landlord shall for any reason whatsoever, cannot deliver possession of the Premises to the Tenant on or before the date hereinabove specified for commencement of intended Commencement Date set forth in the TermLease Schedule, but delivery of possession prior to such commencement date this Lease shall not affect be void or voidable, nor shall the expiration date of this Lease AgreementLandlord be liable to Tenant for any loss or damage resulting thereform. Failure of Landlord to deliver Under such circumstances, the rent provided for herein shall not commence until possession of the Premises by the date hereinabove provided, due is made available to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due Tenant and no such failure to labor or material shortages, strikes, or acts of God, shall automatically postpone give possession on the date of commencement of the Term and shall extend affect the termination date by periods equal to those which shall have elapsed between and including validity of this Lease or the date hereinabove specified for commencement obligations of the Term hereof Tenant hereunder, and the date on which Term shall be extended accordingly; provided, however, if possession of the Premises is not delivered to Tenant within sixty (60) days after the Tenant. Provided furtherintended Commencement Date set forth in the Lease Schedule, then Tenant may, as its sole and exclusive remedy, terminate this Lease by delivering written notice of such termination to Landlord, so long as such notice is delivered to Landlord prior to the Commencement Date and, in that event, Landlord shall refund to Tenant any security deposit or advance rent due to Tenant and neither party shall have any further obligation to the other, except for any indemnity or other obligations under this Lease which are intended to survive terminate, and provided further that if Landlord shall be delayed in delivery possession of the Premises is not delivered to Tenant due to Tenant’s failure to agree to on the Plans, changes intended Commencement Date set forth in or additions to the Plans Lease Schedule and the delay in delivering possession does not result from any matter covered by Section 28 of this Lease or the Tenant Improvements made at the request of Tenant default or any other delay caused by a party employed by act or the agent omission of Tenant, then in such case Landlord shall notify Tenant of such delay apply as a credit against the rental shall be accelerated by obligations first due under this Lease a sum equal to the number equivalent of two (2) days of Base Rent and operating expenses for every day of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Samples: Lease (Improvenet Inc)
Possession. Except as otherwise providedIf LANDLORD, Landlord shall for any reason whatsoever, cannot deliver possession of the Premises PREMISES to the TENANT on or before the date hereinabove specified for of the commencement of the Term, but delivery of possession prior to such commencement date this Lease shall not affect be void or voidable, nor shall the expiration date of this Lease AgreementLANDLORD be liable to TENANT for any loss or damage resulting therefrom. Failure of Landlord to deliver Under such circumstances, the rent provided for herein shall not commence until possession of the Premises by the date hereinabove provided, due PREMISES is made available to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due TENANT and no such failure to labor or material shortages, strikes, or acts of God, shall automatically postpone give possession on the date of commencement of the Term and shall affect the validity of this Lease or the obligations of the TENANT hereunder, nor shall the same be construed to extend the termination date by periods equal to those which shall have elapsed between and including Term. Notwithstanding the date hereinabove specified for commencement of provisions contained in the Term hereof and immediately preceding paragraph, however, in the date on which event possession of the Premises PREMISES is delivered to the Tenant. Provided furthernot tendered by LANDLORD on or before September 1, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant1992, then in such case Landlord shall notify Tenant event, from and after September 1, 1992 until such time as possession of such delay the rental PREMISES is so tendered to TENANT, TENANT shall be accelerated entitled to a credit against rent due LANDLORD in amount equal to the penalty rent paid by TENANT to its landlord for the premises presently leased by TENANT at 205 Xxxxx Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx, xxovided however, in the event said LANDLORD imposes such penalty rent, in no event shall said credit exceed one hundred (100%) percent of the base rent normally due by TENANT to its landlord under the aforesaid lease without application of the holdover penalty thereunder, and further provided that no such credit shall be due and payable from and after the tender of possession of the PREMISES to TENANT by LANDLORD. It is further provided that in the event said LANDLORD elects as a result of TENANT's holdover after September 1, 1992 to extend said lease for an additional year, in such event, LANDLORD agrees to credit against rent due LANDLORD an amount equal to the rent due said LANDLORD for that portion of said additional year after TENANT has been tendered possession of the PREMISES by LANDLORD. The PREMISES shall be deemed to be ready for TENANT'S occupancy if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done in the PREMISES or any part thereof, or if the delay in the availability of the PREMISES or any part thereof for occupancy shall be due to special work, changes, alterations, or additions required or made by TENANT in the layout or finishing of the PREMISES. Whether or not the PREMISES are ready for occupancy shall be determined by the number issuance of days a temporary or permanent certificate of such delayoccupancy from the Village of North Barrington. It is further understood that within 48 hours prior to initial occupancy, the parties shall jointly inspect the PREMISES and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as prepare a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “"punch list” " of incomplete items to be completed by LANDLORD within a reasonable time after occupancy. TENANT agrees to provide a supplemental "punch list" within thirty (30) days of Tenant’s first after occupancy of encompassing all items not then completed. Notwithstanding anything to the Premisescontrary herein contained, except it is understood that if the PREMISES are not deemed ready for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason TENANT'S occupancy on a day other than the first day of a calendar monthor before October 1, 1992, then in that event solely for the purposes of computing the Term of such event, TENANT may elect to terminate this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Possession. Except as otherwise provided, Landlord shall deliver In connection with Mortgagee's right to possession of the Premises on or before Mortgaged Premises, Mortgagor acknowledges that it has been advised that there is a significant body of law in Michigan which purportedly provides that in the date hereinabove specified for commencement absence of a showing of waste of a character sufficient to endanger the value of the Term, but delivery Mortgaged Premises (or of possession prior other special Loan No. 6518370 factors) a person in the role of Mortgagor is entitled to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver remain in possession of the Mortgaged Premises by and to enjoy the date hereinabove providedearnings, due to a holding over by a prior tenantrevenues, or any other cause beyond Landlord’s controlrents, or time required for construction delays due to labor or material shortagesissues, strikes, or acts of God, shall automatically postpone the date of commencement profits and income of the Term Mortgaged Premises during the pendency of foreclosure proceedings and shall extend until the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement expiration of the Term hereof redemption period, notwithstanding that this Mortgage expressly provides to the contrary. Mortgagor further acknowledges that it has been advised that Mortgagee considers that the value of the security granted hereby is inextricably intertwined with the effectiveness of the management, maintenance and general operation of the date on which Mortgaged Premises and that Mortgagee would not make the loan secured hereby unless it could be assured that it would have the right to take possession of the Mortgaged Premises is delivered to and manage or control management thereof and enjoy the Tenant. Provided furtherearnings, that if Landlord shall be delayed in delivery revenues, rents, issues, profits and income of the Mortgaged Premises therefrom immediately upon an Event of Default notwithstanding that foreclosure proceedings may not have been instituted or are pending or that the redemption period, if any, may not have expired. Mortgagor hereby knowingly, intelligently and voluntarily waives all rights to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement possession of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Mortgaged Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days occurrence of an Event of Default and upon demand for possession by Mortgagee Mortgagor agrees not to assert any objection or defense to Mortgagee's request or to petition to a court for possession, and hereby consents to the appointment of a receiver for the Mortgaged Premises. The rights hereby conferred upon Mortgagee have been agreed upon prior to the commencement date occurrence of an Event of Default and the Term have access exercise by Mortgagee of these rights shall not be deemed to put Mortgagee in the Premises, at Tenant’s own risk, expense status of a "mortgagee in possession". Mortgagor acknowledges that this provision is material to this transaction and responsibility, that Mortgagee would not make the loan secured hereby but for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentparagraph.
Appears in 1 contract
Samples: Mortgage (Inland Western Retail Real Estate Trust Inc)
Possession. Except as otherwise providedIf Tenant begins to conduct business in all or any portion of the Premises before the Commencement Date, Landlord shall deliver Tenant will pay to Lessor Monthly Rent for the period from the date Tenant begins to conduct business in the Premises to the Commencement Date and all other provisions of this Lease will be applicable during that period. If Lessor is delayed in delivering possession of all or any portion of the Premises to Tenant on the Commencement Date, Tenant will take possession of the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver when Lessor delivers possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy all of the Premises, except for latent defects. Should which date will then become the commencement Commencement Date, and the last day of the rental obligations term will be extended so that the length of Tenant under this Lease Agreement occur for any reason the Term remains the same. If the extended Term would end on a day other than the first last day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and will be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be further extended to the last day of the month in which the Term ends. This Lease will not be void or voidable and Lessor will not be liable to Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to Tenant, but unless the delay is principally caused by or attributable to Tenant, its employees, agents or contractors, no Monthly Rent will be due for the period prior to the date Lessor delivers possession of the Premises, unless Tenant elects to take possession of a calendar monthportion of the Premises, in which date shall in no event case Monthly Rent will be earlier than due for the termination date set out in Article 1portion of the Premises taken. Immediately after Tenant’s 's occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage will constitute Tenant's acceptance of the Premises. If Tenant pays the Monthly Rent and other charges and performs all of Tenant's obligations under this Lease, Lessor promises that Tenant may peaceably and delivery of quietly possess and enjoy the Premises in the condition required by under this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rent.
Appears in 1 contract
Possession. Except as otherwise providedUntil the Security hereby constituted shall have become enforceable under the terms of this Charge, Landlord the Borrower shall deliver have quiet possession of the Premises on or before Project, subject to the date hereinabove specified for commencement terms of this Charge. The Borrower covenants and agrees with the Lender that upon an Event of Default which, if applicable, is effective upon the expiry of the Termnotice period, if any, for the curing of such Event of Default only to the extent and as expressly set out in this Charge, the Lender may at its sole option and at such time or times as it may deem necessary and without the concurrence of any Person, but delivery of possession prior subject to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver compliance with all applicable laws, enter into possession of the Premises Property and may complete the construction thereof, repair any buildings, structures or improvements forming part of the Property, inspect, take care of, and lease the Property for such term and subject to such provisions as it may deem advisable or expedient (including providing any leasehold improvements the Lender deems necessary, in its sole discretion, to lease the Property), collect the rents of, and manage the Property as it may deem expedient, and all reasonable costs, charges and expenses reasonably incurred by the date hereinabove providedLender in connection with the exercise of any such reasonable rights (including reasonable allowances for the time, due to a holding over by a prior tenant, or service and effort of any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement officer of the Term Lender or other person specifically appointed for the above purposes) shall, together with interest thereon at the Interest Rate, be added to the Indebtedness and secured by the Charge and shall extend be forthwith payable by the termination date Borrower to the Lender in accordance with the provisions of this Charge. Any lease made by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which Lender while in possession of the Premises is delivered to Property shall continue for the Tenant. Provided further, that if Landlord shall be delayed in delivery full term and any permitted renewals thereof notwithstanding the termination of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentLender's possession.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Tarpon Industries, Inc.)
Possession. Except Taking possession by Lessee shall be conclusive evidence as otherwise provided, Landlord shall deliver possession against Lessee that the premises were in good order and satisfactory condition when Lessee took possession. No representation respecting the condition of the Premises on premises or before the Building has been made by Lessor to Lessee unless contained herein; and no promise of Lessor to prepare, alter, or improve the premises for Lessee's use and occupancy shall be binding upon Lessor unless contained herein as Exhibit "B" and is attached hereto and made a part hereof. If Lessor is required to perform any space preparation work in the premises pursuant to a Work Letter, Lessee's obligation to pay the rent reserved hereunder shall commence upon the date hereinabove that Lessor has substantially completed the work specified therein and has so notified Lessee, in writing, or if Lessor's space preparation work has been delayed due to an act or omission of Lessee, then at such earlier date as the work would have been completed but for commencement of the Term, but delivery of possession prior to such commencement act or omission. If such date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely the rent for such month shall be prorated on a per-diem basis. If, with Lessor's consent, Lessee is allowed to occupy or enter the purposes of computing premises prior to the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day commencement of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions term of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) then all provisions of this Lease hereof shall be in full force and effect as soon as Lessee occupies the premises, and Lessee shall immediately commence paying rent on a per-diem basis to the date of commencement of the term. If Lessor shall be unable to deliver possession of the premises on the date of the commencement of the term hereby created because of the holding over of any tenant, or tenants, or for any other cause beyond Lessor's reasonable control, then the payment of rent shall not commence until the date possession of the premises is delivered to Lessee. Lessee agrees to accept such allowance and abatement of rent as liquidated damages, in full satisfaction for the failure of Lessor to deliver possession on the date of the commencement of the term, and to the exclusion of all claims and rights which Lessee might otherwise have by reason of delivery of possession not being made on that date. Failure to deliver possession on the date of commencement of the term shall not, in any event, extend or be deemed to extend, the term of this Lease. Unfinished extra work, if any, undertaken by Lessor for Lessee shall not be considered in determining the date of delivery of possession to Lessee. This Lease does not grant any possessory or other rights to light or air over property except over public streets kept open by public authority, and Lessor shall not be liable to Lessee for any expense, injury, loss, or damages resulting from work done in or upon, or by reason of the use of, any adjacent or nearby building, land, street, or alley. Lessor and Lessee agree that (a) Lessee shall have the right to place in the premises, at such locations therein as Lessee may, from time to time, determine, without overloading floors, Lessee's furniture, trade fixtures and standard business office machines and equipment; and (b) the foregoing types of personal property shall be and remain the property of Lessee, and may be removed by Lessee at any time during this early occupancy periodthe lease term, except Tenant’s obligation upon its expiration, or upon its earlier termination in any manner, Lessee, however, agreeing to pay rentrepair, at Lessee's expense, any damage to the premises or the Building caused by such removal.
Appears in 1 contract
Possession. Except as otherwise provided(a) Commencing on the date this Lease is executed by Landlord and Xxxxxx, Landlord shall deliver vacant possession of the Premises on or before the date hereinabove specified for commencement to Tenant in increments as they become free of the Term, but delivery of possession prior Existing Tenants pursuant to such commencement date Section 33 below. Landlord shall not affect the expiration date of this Lease Agreement. Failure of Landlord exercise commercially reasonable efforts to deliver possession of the entire Premises by free of Existing Tenants (as defined in Section 33 below) on or before August 1, 1997 (the date hereinabove provided"Projected Delivery Date"). If Landlord, due to a holding over by a prior tenantdespite the exercise of commercially reasonable efforts, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which cannot deliver possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the entire Premises to Tenant due to Tenant’s failure to agree on or prior to the PlansProjected Delivery Date, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case (i) Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior remain obligated to the commencement exercise commercially reasonable efforts to deliver possession of the Termentire Premises to Tenant as soon as possible thereafter and (ii) this Lease shall not be void or voidable, nor shall Landlord shall have no responsibility or liability be liable to Tenant for any loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordinglyresulting therefrom; provided however, that if Landlord does not deliver the termination date shall be the last day of a calendar month, which date shall in no event be earlier entire Premises (other than the termination Orkin Space as defined in Section 33 below) to Tenant on or before that date set out which is one hundred twenty (120) days after the Projected Delivery Date (with such one hundred twenty (120) -day period to be extended day by day for any delay caused by the acts or omissions of Tenant or any of Tenant's agents, employees, invitees, consultants or contractors), Tenant shall have the right no later than ten (10) days thereafter to terminate this Lease by notifying Landlord thereof at any time within that time period and before Landlord tenders possession of the entire Premises (other than the Orkin Space) to Tenant free of Existing Tenants. In the event of any such termination, Landlord shall promptly reimburse Tenant for one-half of any Interim Rent or Relocation Costs (as defined in Article 1Section 33 below) previously paid by Tenant to Landlord. Immediately after Tenant’s occupancy As an alternative to terminating this Lease, Tenant may instead elect no later than ten (10) days thereafter to reduce the size of the Premises to be leased hereunder by electing to proceed with leasing in accordance with the Landlord and Tenant shall execute terms of this Lease (reduced on a ratification agreement which shall set forth pro rata basis where appropriate in light of the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable reduced square footage area of the Premises being leased) as to all of the portions of the Premises as to which Landlord has then already delivered possession to Tenant. In the event of any election by Tenant pursuant to the preceding sentence to lease a reduced portion of the Premises, and delivery the Commencement Date of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and be sixty (60) days after the date that is 14 days prior of Tenant's notice of its election to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentso proceed.
Appears in 1 contract
Possession. Except as otherwise provided, Landlord shall deliver possession The Premises constitute a part of a building (the “Building”) that will be a “qualified rehabilitated building” within the meaning of Section 47 of the Premises on or before Internal Revenue Code of 1986, as amended (the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement“Code”). Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of rehabilitating the Premises in a manner intended to qualify the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after Building for the date that is 14 days prior to historic rehabilitation tax credit (the commencement date “Historic Tax Credit”) described in Section 47 of the Term have access Code for buildings first placed in service before 1936 that do not constitute “certified historic structures,” and has agreed in the HTC Loan Documents to pass through the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access Historic Tax Credit attributable to the Premises to Tenant in accordance with the provisions of Section 50(d) of the Code. The nature and its contractors for scope of such rehabilitation work is more specifically described on Exhibit E attached hereto. The aforesaid work is sometimes herein referred to as the “Landlord’s Work.” Landlord agrees to cause such work to be substantially completed in a good and workmanlike manner conforming to all applicable law in all material respects on or prior to December 31, 2000 in a lien-free manner (landlord being entitled, however, to contest such liens in any manner customary in the State of New York). Other than as herein provided, Tenant fit-up work acknowledges that no promises have been made by not later than April 15Landlord to alter, 2004 and Landlord and remodel, improve, repair, decorate or clean the Premises or any part thereof. Tenant’s taking possession of the Premises or any portion thereof, unless Tenant shall use reasonable notify Landlord within twelve (12) months thereafter of any defective or incomplete work (in which event Landlord shall promptly remedy such work), shall be conclusive evidence against Tenant that the portion of the Premises taken possession of, including any portion of Landlord’s Work therein, was then in good order and diligent efforts to cause said contractors to cooperate satisfactory condition. Following the completion of Landlord’s Work and not interfere with each other’s work; and (b) all provisions throughout the Term of this Lease Lease, Landlord shall, from time to time, at the reasonable request of Tenant, replace the Furniture, Fixtures and Equipment needed in the Premises to maintain the quality and condition of the Premises as a first-class hotel. Any dispute between the parties as to the timing, cost or quality of the replacements shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentdetermined by mediation.
Appears in 1 contract
Samples: Lease (Morgans Hotel Group Co.)
Possession. Except as otherwise providedUpon the occurrence of an Event of Default, Landlord shall deliver or any event or circumstance which, with the lapse of time or the giving of notice, or both, would constitute a Default hereunder, State Farm is authorized prior or subsequent to the institution of any foreclosure proceedings to enter upon the Premises, or any part thereof, and to take possession of the Premises on or before the date hereinabove specified for commencement and of the Termall books, but delivery of possession prior records and accounts relating thereto and to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession of the Premises by the date hereinabove provided, due to a holding over by a prior tenant, or exercise without interference from Grantor any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those all rights which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered Grantor has with respect to the Tenant. Provided furthermanagement, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Planspossession, changes in operation, protection or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy preservation of the Premises, except including the right to rent the same for latent defectsthe account of Grantor and to deduct from such rents all costs, expenses and liabilities of every character incurred by State Farm in collecting such rents and in managing, operating, maintaining, protecting or preserving the Premises and to apply the remainder of such rents to the Indebtedness in such manner as State Farm may elect in its sole discretion. All such costs, expenses and liabilities incurred by State Farm in collecting such rents and in managing, operating, maintaining or preserving the Premises, if not paid out of rents as herein above provided, shall constitute a demand obligation owing by Grantor and shall be subject to and covered by SECTION 5.15 hereof. If necessary to obtain the possession provided for above, State Farm may invoke any and all legal remedies to dispossess Grantor, including, without limitation, one or more actions for forcible entry and detainer, trespass to try title and restitution. In connection with any action taken by State Farm pursuant to this Paragraph, State Farm shall not be liable for any loss sustained by Grantor resulting from any failure to rent the Premises, or any part thereof, or from any other act or omission of State Farm in managing the Premises unless such loss is caused by the willful misconduct and bad faith of State Farm, nor shall State Farm be obligated to perform or discharge any obligation, duty or liability under any Lease covering the Premises or any part thereof or under or by reason of this instrument or the exercise of rights or remedies hereunder. Grantor shall and does hereby agree to indemnify State Farm for, and to hold State Farm (which shall include the directors, officers, partners, employees, representatives, attorneys, and agents of State Farm and any persons or entities owned or controlled by, owning or controlling or under common control or affiliated with State Farm) harmless from, any and all liability, loss or damage which may or might be incurred by State Farm under any Lease or under or by reason of this Deed of Trust or the exercise of rights or remedies hereunder and from any and all claims and demands whatsoever which may be asserted against State Farm by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements contained in any Lease. Should State Farm incur any such liability, the commencement of the rental obligations of Tenant under amount thereof, including costs, expenses and reasonable attorneys' fees, shall be subject to and covered by SECTION 5.15 hereof. Nothing in this Lease Agreement occur for Section shall impose any reason on a day other than the first day of a calendar monthduty, then in that event solely obligation or responsibility upon State Farm for the purposes of computing the Term of this Lease Agreementcontrol, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commencescare, management or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage repair of the Premises, and delivery nor for the carrying out of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date any of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying any such Lease; nor shall it operate to make State Farm responsible or liable for any waste committed on the insurance specified Premises by the Leasetenants or by any other parties or for any dangerous or defective condition of the Premises, as if or for any negligence in the Term had already commencedmanagement, except that Tenant shall have no obligation to pay the Minimum Rentalupkeep, Real Estate Taxes repair or Operating Expenses until the earlier control of (i) the date Tenant occupies the Premises resulting in loss or injury or death to any tenant, licensee, employee or stranger. Grantor hereby assents to, ratifies and begins conducting business therefrom or (ii) the commencement date confirms any and all actions of the Term. Tenant shall also pay the charges for all utilities furnished State Farm with respect to the Premises during Tenant’s early-access periodtaken under this Section and agrees that the foregoing indemnity shall not terminate upon release, as reasonably estimated by Landlord. Any foreclosure or other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions termination of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentDeed of Trust.
Appears in 1 contract
Samples: Trust and Security Agreement (Behringer Harvard Reit I Inc)
Possession. Except as otherwise providedIf Landlord should be unable to give possession of the ---------- Premises on the Initial or Additional Lease Commencement Date because the Premises are located in a building or Premises being constructed and which has not been sufficiently completed to make the Premises ready for occupancy, or if Landlord shall deliver is unable to give possession of the Premises on the Initial or before the date hereinabove specified for commencement Additional Lease Commencement Date hereof, by reason of the Term, but delivery holding over or retention of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure of Landlord to deliver possession any tenant or occupant, or if repairs, improvements or decoration of the Premises by or the date hereinabove provided, due to building of which the Premises form a holding over by a prior tenantpart are not completed, or for any other cause beyond Landlord’s controlreason, or time required Landlord shall not be subject to any liability for construction delays due failure to labor or material shortagesgive possession on said date. Under such circumstances, strikes, or acts of Godthe rent reserved and covenanted to be paid herein, shall automatically postpone not commence until the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered tendered by Landlord with Landlord's notice to Tenant that the Tenantsame is ready for occupancy. Provided further, that if Landlord shall be delayed in delivery Should tender of possession of the Premises be later or earlier than the beginning date named, then, and in that event, the beginning and ending date of this Lease shall be adjusted by letter from Landlord to Tenant, to conform to the date of such tender of possession, such as if the same had been originally named as the beginning date, and this Lease shall run for the full term from the date of such tender of possession, provided that no such failure to give possession on the Lease Commencement Dates shall in any other respect affect the validity of this Lease or the obligations of Tenant hereunder. If permission is given to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement enter into possession of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or occupy space other than the Premises prior to perform finishing workthe date specified as the Lease Commencement Dates, Tenant covenants and agrees that such occupancy shall be conclusively deemed to have accepted be under all the same terms, covenants and to have acknowledged conditions of the provisions of this Lease. Tenant's acceptance of possession of the Premises shall be conclusive evidence that the Premises are in good order and satisfactory condition at the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days time of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentpossession thereof.
Appears in 1 contract
Samples: Lease Agreement (Digex Inc/De)
Possession. Except as otherwise provided, Section 23.1 If Landlord shall be unable to deliver possession of the Premises on the Commencement Date or before any additional space to be included within the Premises on the specific date hereinabove specified (if any) designated in this Lease for commencement of the Termany reason whatsoever, but delivery of possession prior to such commencement date Landlord shall not affect be subject to any liability therefor and the expiration date validity of this Lease Agreementshall not be impaired thereby, but the Commencement Date shall be postponed until five (5) Business Days following notice from Landlord that the Premises or such additional space, as the case may be, are available for occupancy by Tenant. Failure If the existing tenant of floors 7, 8 and 9 holds over after the expiration of its lease term, Landlord, at its expense, shall use commercially reasonable efforts, which shall include the prompt commencement and diligent prosecution of an eviction action against such holdover tenant, to obtain possession of such portion of the Premises. In addition, to the extent Landlord collects any holdover rental (exclusive of electricity) from such existing tenant in excess of the Fixed Rent and Escalation Rent that Tenant would have been obligated to pay Landlord for the corresponding period under this Lease, Landlord shall pay Tenant one-half of such excess, after first recovering the expenses incurred by Landlord in connection with such holdover proceeding. Tenant expressly waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or under any present or future statute of similar import then in force and further expressly waives the right to recover any damages that may result from Landlord’s failure to deliver possession of the Premises by or such additional space on the specific date hereinabove provided, due to a holding over by a prior tenant, or any other cause beyond Landlord’s control, or time required (if any) designated for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged agrees that the Premises are in the condition required by this Lease Agreement, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy of the Premises, except for latent defects. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement. Tenant shall at all reasonable times from and after the date that is 14 days prior to the commencement date of the Term have access to the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access prior to the commencement date of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished to the Premises during Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein to the contrary notwithstanding, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere with each other’s work; and (b) all provisions of this Lease shall be in full force and effect during this early occupancy period, except Tenant’s obligation Article 23 are intended to pay rent.constitute “an express provision to the contrary” within the meaning of said Section 223-a.
Appears in 1 contract
Samples: Agreement of Lease (Digitas Inc)
Possession. Except Tenant has inspected the Expansion Space and agrees to accept the same "as otherwise providedis" without any agreements, Landlord shall deliver possession of representations, understandings or obligations on the Premises on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease Agreement. Failure part of Landlord to deliver possession of the Premises perform any alterations, repairs or improvements except as expressly provided in any separate agreement that may be signed by the date hereinabove providedparties in connection herewith. Any construction, due to a holding over by a prior tenant, alterations or any other cause beyond Landlord’s control, or time required for construction delays due to labor or material shortages, strikes, or acts of God, shall automatically postpone the date of commencement of the Term and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered improvements made to the Tenant. Provided further, that if Landlord shall be delayed in delivery of the Premises to Tenant due to Tenant’s failure to agree to the Plans, changes in or additions to the Plans or the Tenant Improvements made at the request of Tenant or any other delay caused 33 Expansion Space by a party employed by or the agent of Tenant, then in such case Landlord shall notify Tenant of such delay the rental shall be accelerated by the number of days of such delay, and the rentals shall commence the same as if occupancy had been taken by Tenant. Prior to the commencement of the Term, Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed subject to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease AgreementLandlord's prior written approval including without limitation, except items which are not in compliance with Exhibit A-3 and for which Tenant has given Landlord a written “punch list” within thirty (30) days of Tenant’s first occupancy approval of the Premisesplans, except for latent defects. Should the commencement specifications, contractors and subcontractors therefor, and all applicable terms and conditions of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar monthrelating to construction, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, alterations or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly; provided however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant’s occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage improvements of the Premises, and delivery of the Premises in the condition required by this Lease Agreementsuch other reasonable requirements or conditions as Landlord may impose. During any period that Tenant shall at all reasonable times from and after be permitted to enter the date that is 14 days Expansion Space prior to the commencement date Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of the Term have access Lease, except those provisions requiring payment of Expansion Space Rent. If Tenant shall be permitted to enter the Premises, at Tenant’s own risk, expense and responsibility, for purposes of installing Tenant’s furniture, trade fixtures and equipment. In connection with such access Expansion Space prior to the commencement date Commencement Date for the purpose of occupying the same, Expansion Space Rent shall commence on such date; if Tenant shall commence occupying only a portion of the Term, Tenant shall abide by the terms and conditions of this Lease including carrying the insurance specified by the Lease, as if the Term had already commenced, except that Tenant shall have no obligation to pay the Minimum Rental, Real Estate Taxes or Operating Expenses until the earlier of (i) the date Tenant occupies the Premises and begins conducting business therefrom or (ii) the commencement date of the Term. Tenant shall also pay the charges for all utilities furnished Expansion Space prior to the Premises during Commencement Date, such rent and charges shall be prorated based on the number of rentable square feet occupied by Tenant’s early-access period, as reasonably estimated by Landlord. Any other provision herein delay in the Commencement Date shall not subject Landlord to the contrary notwithstandingany liability for any loss or damage resulting therefrom, (a) Landlord shall allow access to the Premises to Tenant and its contractors for Tenant fit-up work by not later than April 15, 2004 and Landlord and Tenant shall use reasonable and diligent efforts to cause said contractors to cooperate and not interfere Tenant's sole remedy with each other’s work; and (b) all provisions of this Lease respect thereto shall be in full force and effect during this early occupancy period, except Tenant’s obligation to pay rentthe abatement of Expansion Space Rent.
Appears in 1 contract
Samples: Office Lease (Nextcard Inc)
