Common use of Facility Improvements after Rent Start Date Clause in Contracts

Facility Improvements after Rent Start Date. If Landlord fails to complete the Facility Improvements prior to the Rent Start Date, Landlord’s construction activities may result in disruptions, reductions or disturbances including, without limitation, any number of the following: i. The disruption of Tenant’s (and its employees and invitee’s) access to the Premises; ii. Construction related noise, dust and debris; and iii. The temporary disturbance of Tenant’s use and occupancy of the Premises. Accordingly, Landlord shall endeavor to cause the Facility Improvements to be completed prior to the Rent Start Date; but, in no case, shall the Facility Improvements be completed more than six (6) months after the Commencement Date. Should the Facility Improvements be made after the Rent Start Date but within the first six (6) months of the Term, said Facility Improvements shall be completed within three (3) days of commencement of such delayed Facility Improvements (“Facility Improvements Period”). Tenant shall be entitled to an abatement of Basic Rent for the period that the Parking Facility is not available for use by Tenant after expiration of the Facility Improvement Period.The Rent shall be prorated according to the portion of the Parking Facility not available for use during any period of time exceeding the Facility Improvement Period for the monthly rental period during which all or a portion of the Parking Facility is not available. The abatement shall equal to Tenant’s Rent for the period of time beyond the Facility Improvements Period that all or such portion of the Parking Facility is closed. Tenant agrees that the activities related to the Facility Improvements shall not constitute an actual or constructive eviction of Tenant or a violation of Tenant’s right of quiet enjoyment.