Common use of Initial Space Clause in Contracts

Initial Space. Subject to the occurrence of a Force Majeure Delay or a Tenant Delay (both hereinafter defined), Landlord agrees to substantially complete the construction of the Initial Space Finish Work by June 1, 1997 (the "Estimated Commencement Date"). In the event of a Force Majeure Delay or a Tenant Delay, the Estimated Commencement Date shall be extended one (1) day for every day of such delay. If Landlord is delayed in completing such construction by the Estimated Commencement Date for any reason other than a Force Majeure Delay or a Tenant Delay, then the delay in commencement of Tenant's obligation to pay rent under the Lease for that portion of the Initial Space which is untenable until ten (10) days after substantial completion of the Initial Space Finish Work, shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. Likewise, if Landlord is delayed in completing such construction by the Estimated Commencement Date due to the occurrence of a Force Majeure Delay, then the delay in commencement of Tenant's obligation to pay rent under the Lease for that portion of the Initial Space which is untenable until ten (10) days after substantial completion of the Initial Space Finish Work, shall constitute full settlement of all claims that Tenant may have against Landlord based on such a delay. However, if Landlord is unable to complete the Initial Space Finish Work by the Estimated Commencement Date due to a Tenant Delay or due to any other cause related to the acts, neglects, failures or omissions of Tenant, Tenant's servants, employees, agents or representatives, then Tenant's rental obligations under the Lease with respect to the Initial Space shall begin on the date on which Landlord would have delivered possession of the Initial Space to Tenant absent such Tenant Delay, and such date shall be the Initial Space Commencement Date.

Appears in 2 contracts

Sources: Office Lease (Pagemart Wireless Inc), Office Lease (Pagemart Inc)