Common use of Existing Building Clause in Contracts

Existing Building. If no improvements are to be constructed to the Premises, the commencement date shall be October 15, 1994, Tenant acknowledges that (i) it has inspected and accepts the Premises, (ii) the buildings and improvements comprising the same are suitable for the purpose for which the Premises are leased, (iii) the Premises are in good and satisfactory condition, and (iv) no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord (unless otherwise expressly set forth in this Lease). If this lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present Tenant or occupant of the Premises holds over, and Landlord cannot, using good faith efforts, acquire possession of the Premises prior to the date above recited as the commencement date of this lease, Landlord shall not be deemed to be in default hereunder nor in any way liable to Tenant because of such failure, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed to be the "commencement date"; and the term of this lease automatically shall be extended so as to include the full number of months hereinbefore provided for, except that if the commencement date is other than the first day of a calendar month such term also shall be extended for the remainder of the calendar month in which possession is tendered. Landlord hereby waives payment of rent covering any period prior to such tendering of possession. After the commencement date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises. Notwithstanding anything contained in Para▇▇▇▇▇ ▇.▇, ▇▇▇▇▇▇▇▇ ▇▇▇l diligently pursue the substantial completion of the following improvements to the Premises on behalf of Tenant prior to October 15, 1994: *Enlarge three (3) overhead dock doors to a 9' wide x 10' high. *Clean carpet in the office and clean washroom area. *Deliver heating, ventilation, and air conditioning, and all mechanicals in good working condition. *Power scrub warehouse floor. *Provide two (2) 24' wide x 24' high sized openings in the existing demising wall that separates the warehouses.

Existing Building. If no improvements are to be constructed to the Premises, the commencement date shall be October ON OR ABOUT JUNE 1, 1996 BUT WILL BE NO LATER THAN JUNE 15, 1994, 1996. Tenant acknowledges that (i) it has inspected and accepts the Premises, (ii) the buildings and improvements comprising the same are suitable for the purpose for which the Premises are leased, (iii) the Premises are in good and satisfactory condition, and (iv) no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord (unless otherwise expressly set forth in this Lease). If this lease is executed before the Premises become vacant or otherwise available and ready for occupancy, or if any present Tenant or occupant of the Premises holds over, and Landlord cannot, using good faith efforts, acquire possession of the Premises prior to the date above recited as the commencement date of this lease, Landlord shall not be deemed to be in default hereunder nor in any way liable to Tenant because of such failure, and Tenant agrees to accept possession of the Premises at such time as Landlord is able to tender the same, which date shall thenceforth be deemed to be the "commencement date"; and the term of this lease automatically shall be extended so as to include the full number of months hereinbefore provided for, except that if the commencement date is other than the first day of a calendar month such term also shall be extended for the remainder of the calendar month in which possession is tendered. Landlord hereby waives payment of rent covering any period prior to such tendering of possession. After the commencement date, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the Premises. Notwithstanding anything contained in Para▇▇▇▇▇ ▇LANDLORD SHALL MAKE THE TENANT IMPROVEMENTS OUTLINED IN EXHIBIT "A".▇, ▇▇▇▇▇▇▇▇ ▇▇▇l diligently pursue the substantial completion of the following improvements to the Premises on behalf of Tenant prior to October 15, 1994: *Enlarge three (3) overhead dock doors to a 9' wide x 10' high. *Clean carpet in the office and clean washroom area. *Deliver heating, ventilation, and air conditioning, and all mechanicals in good working condition. *Power scrub warehouse floor. *Provide two (2) 24' wide x 24' high sized openings in the existing demising wall that separates the warehouses.