Commencement and Expiration Dates. The Lease Term commences on the Commencement Date and expires on the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows: i. If Tenant requests possession of the Premises prior to the Commencement Date, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date. ii. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on the Commencement Date, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord’s delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord’s agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of any part of the Premises. iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.
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Commencement and Expiration Dates. The term of this Lease Term commences shall commence on the earliest of the following dates (the "Commencement Date and expires Date"): (a) the date of substantial completion of construction of the tenant improvements to the Premises as listed in Exhibit B; (b) the date on which the Expiration DatePremises would have been substantially completed but for delay caused by Tenant or any agent, as employee or contractor of Tenant; (c) the date on which the Premises are actually occupied by Tenant or (d) the date set forth in Section 1b1.(i). The Commencement Date and Expiration Date Upon request of Landlord, Tenant shall be adjusted as follows:
i. If Tenant requests possession of enter into a memorandum stipulating the Premises prior to the actual Commencement Date, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reasonreason other than Tenant's failure to fulfill its obligations hereunder, Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, then Landlord shall not be subject to any liability therefor, nor shall such failure affect the Commencement validity of this Lease or the obligations of Tenant hereunder or extend the Termination Date, Expiration Date, and all other dates that may but in such case Tenant shall not be affected by their change, shall be revised obligated to conform to the date of Landlord’s delivery of pay Rent until possession of the Premises is tendered to Tenant. Any If Tenant's tenant improvements are not completed by the Construction Completion Date due to the failure of Tenant to fulfill any obligation pursuant to the terms of this Lease or any exhibit hereto, including without limitation Tenant's failure to comply with the terms of Exhibit C, the Lease shall be deemed to have commenced upon the Construction Completion Date. If Tenant occupies the Premises prior to the Construction Completion Date, such delay occupancy shall be subject to all provisions hereof, such occupancy shall not relieve Tenant of its obligations under this Leaseadvance the Termination Date, and neither Tenant shall pay Rent for such period at the initial rates set forth in the Basic Lease Information. In the event the Commencement Date is established as a later or earlier date than the date provided in Section 1(i) hereof, Landlord nor Landlord’s agents shall be liable confirm the same to Tenant for any loss or damage resulting from in writing. The Lease shall expire upon the delay Termination Date specified in delivery of possessionSection 1(s). Notwithstanding the foregoing, in In the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of any part of the Premises.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.of
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Commencement and Expiration Dates. The Lease Term commences on the Commencement Date and expires on the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows:
i. If Tenant requests possession of the Premises prior to the Commencement DateDate for the purposes of conducting business, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on the Commencement Date, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord’s delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord’s agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — – “Excused Delays”), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the LeaseLease pursuant to this Section, however, if it has taken possession of any part of the Premises.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.
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Commencement and Expiration Dates. The term of this Lease (the "Term") shall commence on the date (the "Commencement Date") which is the earlier of either: (i) the date Tenant takes possession and occupies the Premises for the purpose of normal business operations; or (ii) the first business day following the date of Landlord's delivery of the Premises to Tenant with all Tenant Improvements to be constructed and installed by Landlord in a substantially complete condition (as defined below). The Term commences on shall continue following the Commencement Date for a period of sixty-three (63) full calendar months and expires shall expire on the date (the "Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows:
i. If Tenant requests possession ") which is the last day of the Premises prior to final full calendar month of the Term following the Commencement Date. Substantial Completion. Landlord shall use its best efforts to substantially complete the Premises in accordance with the Work Letter Agreement (Exhibit "D") by July 14, 2000 ("Target Date"). Landlord shall give Tenant at least fifteen (15) days advance written notice of the estimated substantial completion date if different from the Target Date. If the estimated substantial completion date changes at any time after Landlord gives notice, then Landlord shall give fifteen (15) days advance notice of the new estimated substantial completion date. "Substantial Completion" shall mean: completion of the Tenant Improvements in accordance with prevailing construction industry standards for comparable premises, so that (A) Tenant can use the Premises for their intended purposes without material interference to Tenant conducting its ordinary business activities and (B) the only incomplete items are minor or insubstantial details of construction, mechanical adjustments, or finishing touches like touch-up plastering or painting; securing a temporary or permanent certificate of occupancy from the local municipality; Tenant, its employees, agents, and invitees, have ready access to the Building and Premises through the lobby, entranceways, elevators, and hallways; the decoration, fixtures, and equipment to be installed by Landlord consentsare installed and in good operating order; the Premises are ready for the installation of any equipment, furniture, fixtures, or decoration that Tenant will install; the Commencement Date shall be following items are installed and in good operating order: (A) building lobby, if any; (B) hallways on floor on which Premises are located (including walls, flooring, ceiling, lighting, etc.), if any; (C) elevators (if any), utilities, and plumbing serving the Premises; (D) heating, ventilation and air conditioning equipment ("HVAC"); and (E) the doors and hardware; and the Premises are broom clean. In the event that Substantial Completion of the Tenant Improvements is delayed beyond the date of possession. All Rent ninety (as hereafter defined90) and other obligations under days following the Target Date, then Tenant shall have the right to terminate this Lease shall begin on the date of possession, but the Expiration Date shall remain the sameupon giving Landlord written notice thereof prior to Landlord actually achieving Substantial Completion; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on the Commencement Date, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord’s delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord’s agents shall be liable to Tenant for any loss or damage resulting from extent that the delay in delivery Landlord's Substantial Completion of possession. Notwithstanding the foregoing, Tenant Improvements is due to "Tenant Delay" or Unavoidable Delay" (as provided in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”Work Letter Agreement), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of any part of the Premises.
iii. At Landlord’s election, the Commencement Date and Expiration Date may said 90-day period shall be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed extended by the partiestotal number of days attributable to both Tenant Delay and Unavoidable Delay.
Appears in 1 contract
Sources: Office Lease Agreement (E Loan Inc)
Commencement and Expiration Dates. The Lease Term commences on the Commencement Date and expires on the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows:
i. If Tenant requests Landlord shall deliver possession of the Premises to Tenant on or about March 1, 2017 for the purpose of allowing Tenant to commence construction of the Tenant Improvements pursuant to the Work Letter attached hereto as Exhibit A-1. If the Tenant Improvements are substantially completed prior to the Commencement Date set forth in Section 1b and Tenant commences its business operations in the Premises prior to such Commencement Date, and Landlord consents, then the Commencement Date shall be amended to be the date of possessionTenant commences its business operations (the “Operation Date”). All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possessionOperation Date, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Operation Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on by March 1, 2017, and the substantial completion of the Tenant Improvements is delayed beyond the Commencement DateDate set forth in Section 1b directly as a result, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised adjusted to conform to account for Landlord's delay in the date of Landlord’s delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord’s 's agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises within 90 days after on or before July 1, 2017 (the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused DelaysOutside Delivery Date”), then Tenant thereafter may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the LeaseLandlord; provided, however, Tenant will be deemed to have waived its right to terminate the Lease pursuant to this provision if it has taken Landlord delivers possession of the Premises to Tenant prior to Tenant’s delivery of its termination notice to Landlord. Notwithstanding the foregoing, the Outside Delivery Date will be extended on a day-for-day basis due to any part of the Premisesdelays resulting from force majeure or delays caused by Tenant.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties. If the Expiration Date does not occur on the last day of a calendar month, then Landlord, at its option, may extend the Term by the number of days necessary to cause the Expiration Date to occur on the last day of the last calendar month of the Term. Tenant shall pay Base Rent and Additional Rent for such additional days at the same rate payable for the portion of the last calendar month immediately preceding such extension.
Appears in 1 contract
Commencement and Expiration Dates. The term of this Lease Term commences shall commence on the earliest of the following dates (the "Commencement Date"): (a) the Construction Completion Date and expires as defined in Section 1(r) above; (b) the date on which the Expiration DatePremises would have been substantially completed but for delay caused by Tenant or any agent, as employee or contractor of Tenant; (c) the date on which the Premises are actually occupied by Tenant or (d) the date set forth in Section 1bsection 1.(i). The Commencement Date and Expiration Date Upon request of Landlord, Tenant shall be adjusted as follows:
i. If Tenant requests possession of enter into a memorandum stipulating the Premises prior to the actual Commencement Date, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reasonreason other than Tenant's failure to fulfill its obligations hereunder, Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, then Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the Termination Date, but in such case Tenant shall not be obligated to pay Rent until possession of the Premises is tendered to Tenant. If Tenant's tenant improvements are not completed on the Commencement Date due to the failure of Tenant to fulfill any obligation pursuant to the terms of this Lease or any exhibit hereto, including without limitation 9 Tenant's failure to comply with the terms of Exhibit C, the Lease shall be deemed to have commenced upon the Commencement Date. If Tenant occupies the Premises prior to the Commencement Date, Expiration such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the Termination Date, and all other dates that may be affected by their change, Tenant shall be revised to conform to pay Rent for such period at the initial rates set forth in the Basic Lease Information. In the event the Commencement Date is established as a later or earlier date than the date of Landlord’s delivery of possession of provided in Section 1(i) hereof, Landlord shall confirm the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord’s agents shall be liable same to Tenant for any loss or damage resulting from in writing. The Lease shall expire upon the delay Termination Date specified in delivery of possessionSection 1(i). Notwithstanding the foregoing, in In the event Landlord is unable to deliver possession of the Premises premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”), then Tenant may terminate this Lease by giving notice to Landlord within 100 30 days of Lease Commencement date, Tenant shall have the original Commencement Date (excluding Excused Delays). Tenant may not terminate the right to cancel this Lease, however, if it has taken possession of any part of the Premises.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.
Appears in 1 contract
Sources: Lease Addendum (Bsquare Corp /Wa)
Commencement and Expiration Dates. The term of this Lease Term commences on shall be for the Commencement Date period of months designated in the summary of Basic Lease Terms preceding this Lease, and expires on shall have the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as followsalso designated in such summary (the “Term”); provided that:
i. If Tenant requests possession of the Premises prior to the Commencement Date, and 1.3.1 Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reason, cannot deliver possession of the Premises upon the Effective Date of this Lease specified in the Basic Lease Terms. If Landlord has not delivered the Premises to Tenant on the Commencement Datefor any reason whatsoever within ten (10) days after such Effective Date then, then the Commencement Dateas its sole remedy for such delay in delivery, Expiration DateTenant may terminate this Lease by written notice to Landlord, and all other dates that may be affected whereupon any monies previously paid by their change, Tenant to Landlord shall be revised reimbursed to conform to the date of Landlord’s delivery of Tenant. Within ten (10) days after Landlord delivers possession of the Premises to Tenant, Tenant shall inspect the Premises and deliver to Landlord a written notice of any defects or non-conforming conditions or failures to comply with law in or of the Premises. Any Landlord may elect in writing, within five (5) business days following receipt of Tenant’s notice, to correct any such delay defects or conditions and, if Landlord so elects, Landlord shall forthwith undertake to correct the same and shall thereafter diligently prosecute such correction to completion. If Landlord does not relieve elect in writing within the period given to correct any such defects or conditions, then Landlord shall be deemed to have elected not to correct the same. Tenant of its obligations under this Leasemay, and neither Landlord nor within an additional five (5) business day period following Landlord’s agents shall be liable election or deemed election not to Tenant for cure any loss such defects or damage resulting from the delay in delivery of possession. Notwithstanding the foregoingconditions, in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”), then Tenant may terminate this Lease by giving written notice to Landlord, whereupon both parties shall be released and discharged from any further obligations hereunder. If Tenant does not elect to terminate this Lease, then, except for latent defects and items that Landlord has undertaken to correct pursuant to this Section 1.3.1, Tenant shall be deemed to have accepted the Premises in their then condition, as is, with all faults and defects. If Landlord undertakes, in accordance with the foregoing procedure, to correct defects or conditions that Tenant identifies, and if, due to no fault of Tenant, Landlord fails to complete such work by the Commencement Date, then this Lease shall not be void or voidable, and Landlord shall not be responsible or liable for any claims or damages in connection therewith or by reason thereof, and the Term of this Lease shall not be modified, but the date on which Base Rent first becomes due under Section 2 shall be extended one day for each day that Landlord’s completion of such work is delayed.
1.3.2 Subject to the conditions stated in this Section 1.3.2, Tenant shall have the option to extend this Lease for up to that number of additional terms specified in the summary of Basic Lease Terms preceding this Lease (each, a “Renewal Term”), each consisting of that number of months also specified in the summary of Basic Lease Terms preceding this Lease. Each such Renewal Term shall commence the day following expiration of, as applicable, the initial Term or the preceding Renewal Term, and shall be for a Base Rent determined pursuant to Section 2.1.2, and otherwise on and subject to all of the terms and conditions set forth in this Agreement. Tenant may exercise the option granted hereby by written notice to Landlord within 100 days if, but only if, all of the original Commencement Date following conditions are satisfied:
(excluding Excused Delaysa) Tenant shall have given such notice not less than 180 days nor more than 240 days before the last day of the initial Term or Renewal Term to be extended;
(b) During the Term preceding delivery of such notice, Tenant shall not have defaulted in any of its obligations hereunder beyond applicable notice and cure periods, or Landlord shall, for purposes of this Section 1.3.2 only, waived the absence of any such default as a condition precedent to Tenant’s right to exercise the option.
(c) At the time that Tenant gives such notice, and continuing until the first day of the Renewal Term, there shall not exist hereunder any default of Tenant nor any event or circumstance that, with notice, the passage of time, or both, could ripen into a default. Subsequent references to the “Term” of this Lease shall include the Term and the Renewal Term(s). Tenant may not terminate the Lease, however, if it has taken possession of any part of any, for which Tenant effectively exercises the Premisesforegoing option.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.
Appears in 1 contract
Commencement and Expiration Dates. The Lease Term commences term (the “Term”) of this Sub-sublease shall (x) with respect to the portion of the Sub-Sublease Premises indicated as Space A on Exhibit A attached hereto, commence on the date (the “Space A Commencement Date”) upon which Landlord and Sublandlord shall execute and deliver a Consent Agreement to this Sub- sublease reasonably acceptable to all parties (the “Consent”) and possession of the Sub-sublease Premises is delivered to Sub-subtenant in the condition required by this Sub-sublease, with all items required to be delivered on the Space A Commencement Date and expires on (y) with respect to the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows:
i. If Tenant requests possession portion of the Sub-sublease Premises prior to indicated as Space B on Exhibit A attached hereto, and provided the Consent has been obtained, commence on April 1, 2018 (the “Space B Commencement Date”), and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if within Sub-sublandlord’s discretion, and with Sub-subtenant’s obligation to consent to the Rent Commencement Date set forth in Section 1b is different following, (i) Sub-sublandlord may adjourn that April 1, 2018 date to June 1, 2018 by notice to Sub-subtenant not later than January 31, 2018; or (ii) Sub-sublandlord may advance the April 1, 2018 date at its discretion by notice to Sub-subtenant no later than thirty (30) days prior to the new Space B Commencement Date, then the Rent Commencement Date . Time shall be adjusted so as of the essence with respect to maintain any notice required pursuant to the same amount prior sentence. With respect to the entire Sub-sublease Premises (i.e., Space A and Space B), the Term of time between this Sub-sublease shall terminate on December 28, 2023, or on such earlier date upon which the Rent Term shall expire or be canceled or terminated pursuant to any of the conditions or covenants of this Sub-sublease, the Sublease or the Lease (with respect to any termination of the Lease or the Sublease, subject to the terms hereof), or pursuant to law (the “Expiration Date”). Sub-subtenant shall not have any option to extend the Term. Sub-sublandlord shall deliver possession of Space A to Sub-subtenant on the Space A Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin Space B on the adjusted Rent Space B Commencement Date.
ii. If LandlordDate in their current “as is”, for any reasonbroom-clean condition, cannot deliver possession of the Premises to Tenant on the Commencement Date, then the Commencement Date, Expiration Date, reasonable wear and all other dates that may be affected by their change, shall be revised to conform to tear from the date hereof excepted, vacant and free of Landlordall personal property (other than Sub-sublandlord’s delivery of possession of Furniture (as such term is hereinafter defined)) and with all cabling disconnected within the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord’s agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of any part of the PremisesIT room.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.
Appears in 1 contract
Sources: Sub Sublease (Datadog, Inc.)
Commencement and Expiration Dates. The term of this Lease Term commences shall commence on the earliest of the following dates (the "Commencement Date and expires Date"): (a) the date of substantial completion of construction of the tenant improvements to the Premises as listed in Exhibit B; (b) the date on which the Expiration DatePremises would have been substantially completed but for delay caused by Tenant or any agent, as employee or contractor of Tenant; (c) the date on which the Premises are actually occupied by Tenant or (d) the date set forth in Section 1bsection 1.(i). The Commencement Date and Expiration Date Upon request of Landlord, Tenant shall be adjusted as follows:
i. If Tenant requests possession of enter into a memorandum stipulating the Premises prior to the actual Commencement Date, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant’s obligation to pay Rent shall begin on the adjusted Rent Commencement Date.
ii. If Landlord, for any reasonreason other than Tenant's failure to fulfill its obligations hereunder, Landlord cannot deliver possession of the Premises to Tenant on by the Commencement Construction Completion Date, then Landlord shall not be subject to any liability therefor, nor shall such failure affect the Commencement validity of this Lease or the obligations of Tenant hereunder or extend the Termination Date, Expiration Date, and all other dates that may but in such case Tenant shall not be affected by their change, shall be revised obligated to conform to the date of Landlord’s delivery of pay Rent until possession of the Premises is tendered to Tenant. Any If Tenant's tenant improvements are not completed by the Construction Completion Date due to the failure of Tenant to fulfill any obligation pursuant to the terms of this Lease or any exhibit hereto, including without limitation Tenant's failure to comply with the terms of Exhibit C, the Lease shall be deemed to have commenced upon the Construction Completion Date. If Tenant occupies the Premises prior to the Construction Completion Date, such delay occupancy shall be subject to all provisions hereof, such occupancy shall not relieve Tenant of its obligations under this Leaseadvance the Termination Date, and neither Tenant shall pay Rent for such period at the initial rates set forth in the Basic Lease Information. In the event the Commencement Date is established as a later or earlier date than the date provided in Section 1(s) hereof, Landlord nor Landlord’s agents shall be liable confirm the same to Tenant for any loss or damage resulting from in writing. The Lease shall expire upon the delay Termination Date specified in delivery of possessionSection 1(i). Notwithstanding the foregoing, in In the event Landlord is unable to deliver possession of the Premises premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant — “Excused Delays”), then Tenant may terminate this Lease by giving notice to Landlord within 100 30 days of the original Commencement Date (excluding Excused Delays)Construction Completion Date. Tenant may not terminate shall have the right to cancel this Lease, however, if it has taken possession of any part of the Premises.
iii. At Landlord’s election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties.
Appears in 1 contract
Sources: Lease Agreement (Bsquare Corp /Wa)