Common use of Term Commencement Clause in Contracts

Term Commencement. Subject to the following, the Lease Term shall commence on the earlier of (i) the date a certificate of occupancy has been issued for the Premises and Lessor delivers to Lessee and Lessee takes from Lessor possession of all or a portion thereof in accordance with Section 2.3 below, or (ii) 12:01 a.m. on the Projected Commencement Date (as may be extended pursuant to Section 2.3 below) (the “Commencement Date”); provided, however, if the Commencement Date does not occur on the first day of a calendar month, the Lease Term shall begin on the first day of the next succeeding calendar month; provided, however, Lessee’s obligation to pay Rent (as defined in Section 3.3) and other charges hereunder shall commence in accordance with Section 3.1 and 4.1. This Lease shall terminate at 11:59 p.m. on the last day of the calendar month that the Projected Termination Date set forth in the Basic Lease Information occurs (as may be extended pursuant to Section 2.3 below) (the “Termination Date”). Lessee will not occupy the Premises prior to the commencement of the Lease Term without Lessor’s prior written consent, which consent Lessor may grant, withhold or condition in its sole and absolute discretion. Notwithstanding the previous sentence, upon the date that is ten (10) business days prior to the anticipated Commencement Date (as determined by Lessor), until the Commencement Date, Lessee shall have the right, prior to and without triggering the Commencement Date, to enter upon the Premises for purposes of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in any such event that: (a) Lessor shall incur no expense in connection with such early entry by Lessee and shall have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction of any Lessor’s Work in the Premises; (c) Lessee shall provide Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (d) without limiting any of Lessee’s indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from any and all claims, losses, damages, actions and causes of action arising from any such entry onto the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Premises prior to the Commencement Date, Lessee also shall comply with and observe all terms and conditions of this Lease (other than Lessee’s obligation to pay any rental under this Lease).

Term Commencement. Subject to The Premises are leased for a term (the following, the Lease Term shall commence on the earlier of "Term") commencing (i) on the date a certificate of occupancy has been issued hereof for the Premises and Lessor delivers to Lessee and Lessee takes from Lessor possession of all or a portion thereof in accordance with Section 2.3 belowInitial Premises, or (ii) 12:01 a.m. on the Projected Commencement Date (date the Committed Expansion Premises, as may be extended pursuant to Section 2.3 below) (defined in the “Commencement Date”); providedBasic Lease Information, howeveror the Expansion Premises, if the Commencement Date does not occur on the first day of a calendar month, the Lease Term shall begin on the first day of the next succeeding calendar month; provided, however, Lessee’s obligation to pay Rent (as defined in Section 3.3) 28.18, is tendered to the Tenant by the Landlord. The Landlord shall notify Tenant as soon as reasonably possible regarding the date when the Committed Expansion Premises will be available for occupancy by Tenant. The Term of this Lease shall expire on the Expiration Date, as defined in Section 3.2 below, or on such earlier date as is provided for herein. As to all portions of the Premises, other than the Initial Premises, should Landlord tender possession of such portions of the Premises to Tenant prior to the date specified for commencement in the Basic Lease Information with respect to such portion of the Premises and other charges hereunder Tenant accepts such prior tender, this Lease shall commence on the portions so tendered as of the date the Tenant takes occupancy of such portions. If, for any other reason whatsoever, Landlord cannot deliver possession of any portion of the Premises to Tenant on or prior to the date, if any, specified in accordance with Section 3.1 the Basic Lease Information or such other date as Landlord may notify Tenant, if no date is specified in the Basic Lease Information, then (A) the validity of this Lease and 4.1. This the obligations of Tenant under this Lease shall terminate at 11:59 p.m. on not be affected except that the last day Lease shall commence as to such portion of the calendar month that Premises upon Landlord's tender of possession thereof to the Projected Termination Tenant; (B) Tenant shall have no claim against Landlord on account of such late delivery; and (C) the Expiration Date of the Term shall not be extended. Within ten (10) days after written request from Landlord, Tenant shall execute and return to Landlord an acknowledgement of the commencement date of the term of this Lease as to each applicable portion of the Premises. Notwithstanding the foregoing, if the term shall not have commenced for any portion of the Premises for which a date is specified in the Basic Lease Information on or before six (6) months after the date set forth in the Basic Lease Information occurs (as or the date that Landlord notifies Tenant in writing that such space will be available, if no date is specified in the Basic Lease Information, this Lease may be extended pursuant terminated (but only as to Section 2.3 below) (the “Termination Date”). Lessee will not occupy that portion of the Premises prior not delivered) by Tenant or Landlord by written notice to the commencement other within ten (10) days of such date. Upon a termination of this Lease as to any portion of the Lease Term without Lessor’s prior written consentPremises, which consent Lessor may grant, withhold or condition as provided in its sole and absolute discretion. Notwithstanding the previous sentence, upon such space shall become subject to the date provisions of Section 28.18 hereof. Landlord shall not voluntarily agree to the extension of the term of any lease that covers space that is ten (10) business days part of the Committed Expansion Premises without the prior to the anticipated Commencement Date (as determined by Lessor), until the Commencement Date, Lessee shall have the right, prior to and without triggering the Commencement Date, to enter upon the Premises for purposes written consent of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in any such event that: (a) Lessor shall incur no expense in connection with such early entry by Lessee and shall have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction of any Lessor’s Work in the Premises; (c) Lessee shall provide Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (d) without limiting any of Lessee’s indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from any and all claims, losses, damages, actions and causes of action arising from any such entry onto the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Premises prior to the Commencement Date, Lessee also shall comply with and observe all terms and conditions of this Lease (other than Lessee’s obligation to pay any rental under this Lease)Tenant.

Term Commencement. Subject to The term of this Lease (the following, the Lease Term “Term”) shall commence on the earlier of (i) the date a certificate of occupancy has been issued for the Premises and Lessor delivers to Lessee and Lessee takes from Lessor possession of all or a portion thereof in accordance with Section 2.3 below, or (ii) 12:01 a.m. on the Projected Commencement Date (as may be extended pursuant to Section 2.3 below) (the “Commencement Date”); provided, however, if ) that Landlord delivers the Commencement Date does not occur on Demised Premises to Tenant with Landlord’s Work substantially completed and in the first day of a calendar month, the Lease Term shall begin on the first day of the next succeeding calendar month; provided, however, Lessee’s obligation to pay Rent Delivery Condition (as defined in Section 3.3below) and other charges hereunder shall commence in accordance with Section 3.1 and 4.1. This Lease shall terminate expire at 11:59 p.m. on the last day of the thirty-sixth (36th) full calendar month that following the Projected Termination Date set forth in the Basic Lease Information occurs (as may be Rent Commencement Date, unless extended or earlier terminated pursuant to Section 2.3 below) the terms hereof. The Commencement Date is anticipated to occur on September 1, 2021 (the “Termination Anticipated Commencement Date”). Lessee will If (i) the Commencement Date has not occupy the Premises prior to the commencement of the Lease Term without Lessor’s prior written consentoccurred by January 1, 2022, which consent Lessor may grantdate is subject to delays caused by Force Majeure or the action or inaction of Tenant, withhold or condition in its sole and absolute discretion. Notwithstanding the previous sentence, upon the date that is ten (10) business days prior to the anticipated Commencement Date (as determined by Lessor), until the Commencement Date, Lessee Tenant shall have the rightright to terminate this Lease upon thirty (30) days’ written notice to Landlord. For the purposes hereof, prior “Delivery Condition” shall mean that the Landlord’s Work has been substantially completed and the Premises are vacant, broom clean, free of debris, weathertight with all doors and windows intact, with all existing plumbing, electrical and mechanical equipment and fixtures in good working order and condition, and free of Hazardous Materials in violation of applicable laws, and in compliance with applicable codes and regulations. The determination of substantial completion by Landlord’s architect or contractor shall be deemed conclusive between the parties. When the Commencement Date has been determined in accordance with the preceding sentence, at Landlord’s request, Tenant shall execute a document setting forth said date and said document shall be deemed a supplement to and without triggering the Commencement Date, to enter upon the Premises for purposes part of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in any such event that: (a) Lessor shall incur no expense in connection with such early entry by Lessee and shall have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction of any Lessor’s Work in the Premises; (c) Lessee shall provide Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (d) without limiting any of Lessee’s indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from any and all claims, losses, damages, actions and causes of action arising from any such entry onto . Tenant may access the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Demised Premises prior to the Commencement Date, Lessee also shall comply Date in accordance with and observe all subject to the terms and conditions of Section 1.04 below. Landlord represents and warrants that the mechanical, electrical, and plumbing systems serving the Demised Premises will be in good working order as of the Commencement Date. The terms and provisions of this Lease (other than Lessee’s obligation to pay any rental under shall be effective as of the date of this Lease).

Term Commencement. Subject to the following, the The Lease Term shall commence on the earlier of (i) the date a certificate of occupancy has been issued for the 4th Floor Premises and Lessor delivers to Lessee and Lessee takes from Lessor possession of all or a portion thereof in accordance with Section 2.3 belowthereof, or (ii) 12:01 a.m. on the Projected Commencement Date (as may be extended pursuant to Section 2.3 below) (the “Commencement Date”); provided, however, if the Commencement Date does not occur and shall end at 12:01 a.m. on the first day of a calendar month, following the Lease Term shall begin on the first day of the next succeeding calendar month; provided, however, Lessee’s obligation to pay Rent (as defined in Section 3.3) and other charges hereunder shall commence in accordance with Section 3.1 and 4.1. This Lease shall terminate at 11:59 p.m. on the last day of the calendar month that the Projected Termination Date set forth in the Basic Lease Information occurs (as may be extended pursuant to Section 2.3 below) (the “Termination Date”). Lessee will not occupy the Premises prior to the commencement of the Lease Term without Lessor’s prior written consent, which consent Lessor may grant, withhold or condition in its sole and absolute discretion. Notwithstanding the previous sentence, upon the date that is ten (1030) business calendar days prior to the anticipated Commencement Date (as determined by Lessor), until the Commencement Date, Lessee shall have the right, prior to and without triggering the Commencement Date, to enter upon the Premises for purposes of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in any such event that: (a) Lessor shall incur no expense in connection with such early entry by Lessee and shall have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction of any Lessor’s Work tenant improvement work in the Premises; (c) Lessee shall provide Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (d) without limiting any of Lessee’s Lessee indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from the negligence or willful misconduct of Lessee during any and all claims, losses, damages, actions and causes of action arising from any such entry onto the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Premises prior to the Commencement Date, Lessee also shall comply with and observe all terms and conditions of this Lease (other than Lessee’s obligation to pay any rental under this Lease).

Term Commencement. Subject to The Premises are leased for a term (the following, the Lease Term shall commence “Term”) commencing on the earlier later of (i) the date a certificate of occupancy has been issued for the Premises and Lessor delivers to Lessee and Lessee takes from Lessor possession of all or a portion thereof in accordance with Section 2.3 below, or (ii) 12:01 a.m. on the Projected Commencement Date (as may be extended pursuant to Section 2.3 below) (the “Commencement Date”); provided, however, if the Commencement Date does not occur on the first day of a calendar month, the Lease Term shall begin on the first day of the next succeeding calendar month; provided, however, Lessee’s obligation to pay Rent (as defined in Section 3.3) and other charges hereunder shall commence in accordance with Section 3.1 and 4.1. This Lease shall terminate at 11:59 p.m. on the last day of the calendar month that the Projected Termination Date set forth in the Basic Lease Information occurs Information, or (ii) the date the Landlord’s Work (as may be extended pursuant to defined in Section 2.3 below) 6.1), is substantially completed as described in Section 6.1 (such date when determined shall become the “Termination Date”Commencement Date and replace the Commencement Date in the Basic Lease Information). Lessee will not occupy the Premises prior to the commencement of the Lease Term without Lessor’s prior written consent, which consent Lessor may grant, withhold or condition in its sole and absolute discretion. Notwithstanding the previous sentenceforegoing, upon the date that is ten (10) business days prior to the anticipated Commencement Date (as determined by Lessor), until the Commencement Date, Lessee shall have the right, prior to and without triggering the Commencement Date, to enter upon the Premises for purposes of installing any furniture, equipment and trade fixtures that are approved by Lessor (such approval not to be unreasonably withheld or delayed); provided in any such event that: (a) Lessor shall incur no expense in connection with such early entry by Lessee and shall have no liability to Lessee or its agents, employees or contractors for damage to any property stored in the Premises by Lessee; (b) Lessee shall not unreasonably interfere with Lessor’s construction event that the Tenant takes occupancy of any Lessor’s Work in the Premises; (c) Lessee shall provide Lessor, prior to such entry, certificates of insurance as required by this Lease naming Lessor as an additional insured; and (d) without limiting any of Lessee’s indemnification obligations set forth elsewhere in this Lease, Lessee shall indemnify, defend and hold harmless Lessor from any and all claims, losses, damages, actions and causes of action arising from any such entry onto the Premises by Lessee or its agents, employees or contractors. If Lessee enters onto the Premises prior to the Commencement DateDate and commences to conduct Tenant’s business from the Premises, Lessee also the Commencement Date shall comply be the date on which Tenant takes occupancy of the Premises and commences to conduct Tenant’s business from the Premises. Landlord shall give Tenant not less than four (4) weeks notice prior to the Commencement Date of the projected Commencement Date and shall during a two (2) week period prior to the Commencement Date provide Tenant with and observe access to the Premises for the purpose of installing Tenant’s fixtures. Tenant shall not be obligated to pay any rent during such two (2) week period but shall be subject to all terms and conditions other provisions of this Lease. The Term of this Lease shall expire on the date that is the day prior to the ten (10) year anniversary of the Commencement Date which shall be deemed the Expiration Date for all purposes of this Lease. In the event that for any reason the Premises are not available for Tenant to commence the installation of its fixtures by March 18, 1997, then for each day that Tenant is delayed in having access to the Premises for the purpose of installing its fixtures Tenant shall be provided with the following free rent: Period of Delay Amount of Free Rent 3/18/97- 3/31/97 1/2 day for each 1 day of delay 4/1/97-4/14/97 1 day for each 1 day delay 4/15/97-5/31 /97 2 days for each 1 day of delay 6/1/97-Commencement Date 3 days for each 1 day of delay In addition to the foregoing, Landlord acknowledges that the Premises will be occupied by personnel of Tenant that are presently located at 1000 Xxxxx Xxxxxxxxxx Xxxxxxxxx in Walnut Creek, California (the “Walnut Creek Lease”). Tenant must give ninety (90) days notice for the termination of the Walnut Creek Lease and must vacate the space covered by the Walnut Creek Lease in any event by July 31, 1997. In the event that Tenant is unable to occupy the Premises by April 1, 1997 and as a result thereof Tenant incurs additional costs under the Walnut Creek Lease (in excess of the base rent and expense reimbursement charges normally due under the Walnut Creek Lease) as a result of the inability to give the full ninety (90) days notice required under the Walnut Creek Lease prior to the Commencement Date or for any other reason, Landlord shall promptly reimburse Tenant for all such costs and expenses, in addition to the free rent provided for above. In the event that Landlord determines that Landlord will not be able to complete Landlord’s Work prior to April 1, 1997, and, thus, the Commencement Date will not occur on or before April 1, 1997, Landlord may at any time prior to December 28, 1996, give written notice to Tenant to extend the Commencement Date by up to one (1) month (“Commencement Date Extension Period”) in which case the dates set forth above after which free rent shall begin to accrue or the date after which Landlord will be liable for the additional costs under the Walnut Creek Lease shall each be extended for a period of time equal. Landlord and Tenant each acknowledge that Tenant will be severely damaged in the event that Tenant is delayed in occupying the Premises but that the amount of such damage is difficult or impossible to determine and that the free rent specified above and the agreement to reimburse Tenant for costs incurred under the Walnut Creek Lease, as provided above, is a reasonable estimate of the value of such damage and Tenant shall have no remedy against Landlord for such delay other than Lessee’s obligation to pay any rental under as set forth in this Lease).. Tenant shall have the right to terminate the Lease upon ten (10) days written notice (the “Termination Notice”) to Landlord in the event that any of the following events in the completion of Landlord’s Work are not completed by the date specified: