Late Delivery of Premises; Abatement of Base Rent Sample Clauses

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Late Delivery of Premises; Abatement of Base Rent. Notwithstanding any contrary provision hereof, if the Commencement Date does not occur on or before the Outside Completion Date (defined below), Tenant, as its sole remedy, shall be entitled to an abatement of Base Rent, beginning on the date that Base Rent otherwise first becomes payable hereunder, in the amount of $733.33 for each day in the period beginning on the Outside Completion Date and ending on the date immediately preceding the Commencement Date. As used herein, “Outside Completion Date” means December 31, 2009; provided, however, that the Outside Completion Date shall be postponed by one day for each day, if any, by which the substantial completion of the Tenant Improvement Work is delayed by (a) any event of Force Majeure, (b) any expansion of the scope of the Tenant Improvement Work requested by Tenant beyond that described in the Space Plan (as initially defined in Section 2.2 of Exhibit B hereof) or (c) any expansion of the scope of the Initial Landlord Work beyond that described in the Initial Landlord Work Plans (as defined in Exhibit B hereof), which expansion is requested by Tenant or necessitated by any Tenant requested changes to the Tenant Improvement Work beyond that described in the Space Plan (as initially defined in Section 2.2 of Exhibit B hereof). Asbestos-containing materials (“ACMs”) were historically commonly used in the construction of commercial buildings across the country. ACMs were commonly used because of their beneficial qualities; ACMs are fire-resistant and provide good noise and temperature insulation. Some common types of ACMs include surfacing materials (such as spray-on fireproofing, stucco, plaster and textured paint), flooring materials (such as vinyl floor tile and vinyl floor sheeting) and their associated mastics, carpet mastic, thermal system insulation (such as pipe or duct wrap, boiler wrap and cooling tower insulation), roofing materials, drywall, drywall joint tape and drywall joint compound, acoustic ceiling tiles, transite board, base cove and associated mastic, caulking, window glazing and fire doors. These materials are not required under law to be removed from any building (except prior to demolition and certain renovation projects). Moreover, ACMs generally are not thought to present a threat to human health unless they cause a release of asbestos fibers into the air, which does not typically occur unless (1) the ACMs are in a deteriorated condition, or (2) the ACMs have been significantly distur...
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Late Delivery of Premises; Abatement of Base Rent. Notwithstanding any contrary provision hereof, if the Commencement Date does not occur on or before the Outside Completion Date (defined below), Tenant, as its sole remedy, shall be entitled to an abatement of Base Rent, beginning on the date that Base Rent otherwise first becomes payable hereunder, in the amount of $9,226.62, for each day in the period beginning on the Outside Completion Date and ending on the date immediately preceding the Commencement Date. As used herein, “Outside Completion Date” means May 1, 2019; provided, however, that the Outside Completion Date shall be postponed by one (1) day for each day, if any, by which the substantial completion of the Tenant Improvement Work is delayed by any event of Force Majeure: or (b) any Tenant Improvements that are not customary and typical office improvements, except to the extent that such delay resulting from such change constitutes a Tenant Delay.
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Late Delivery of Premises; Abatement of Base Rent. Notwithstanding any contrary provision hereof, if the Commencement Date does not occur on or before the Outside Completion Date (defined below), Tenant, as its sole remedy, shall be entitled to an abatement of Base Rent, beginning on the date that Base Rent otherwise first becomes payable hereunder, in the amount of the lesser of (i) the Per Diem Holdover Rent (defined below), if any, or (ii) $2,300.00, for each day in the period beginning on the Outside Completion Date and ending on the date immediately preceding the Commencement Date. As used herein, “Outside Completion Date” means the date occurring 120 days after the Start Date (defined below); provided, however, that the Outside Completion Date shall be postponed by one (1) day for each day, if any, by which the substantial completion of the Tenant Improvement Work is delayed by (a) any event of Force Majeure, or (b) any change to the scope of the Tenant Improvement Work from that described in the Approved Space Plan, except to the extent such delay resulting from such change constitutes a Tenant Delay. As used herein, “Start Date” means the latest of (i) the date of mutual execution and delivery of this Lease, (ii) the date on which Tenant approves the Construction Pricing Proposal pursuant to Section 2.6 of Exhibit B, or (iii) if any governmental permit is required for the Tenant Improvement Work, the Permit Completion Date (defined below). As used herein, “Permit Completion Date” means the date on which Landlord receives all governmental permits, if any, required for the Tenant Improvement Work; provided, however, that the Permit Completion Date shall be accelerated by one (1) day for each day, if any, by which Landlord’s submittal of all necessary applications for such permits to the appropriate governmental authorities is delayed by (x) any failure of Landlord to use reasonable efforts to make such submittal as soon as reasonably possible after the later of the date of mutual execution and delivery of this Lease or the date on which Tenant approves the Construction Pricing Proposal pursuant to Section 2.6 of Exhibit B (provided further, however, that, without limitation, Landlord shall not be deemed to have failed to use such reasonable efforts by virtue of taking (1) up to five (5) business days after such date to enter into a construction contract with a contractor, or (2) such additional time as is reasonably necessary for Landlord’s contractor, after entering into such construction contract, ...
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Related to Late Delivery of Premises; Abatement of Base Rent

  • Delivery of Premises The Landlord agrees to deliver the Premises on the start date of the Initial Term in the following condition: (check one)

  • Rent Abatement Except for the negligence or willful act of Tenant or its agents, employees, contractors or invitees, if all or any part of the Premises are rendered untenantable by fire or other casualty and this Lease is not terminated, Monthly Base Rent and Rent Adjustments shall ▇▇▇▇▇ for that part of the Premises which is untenantable on a per diem basis from the date of the casualty until Landlord has Substantially Completed the repair and restoration work in the Premises which it is required to perform, provided, that as a result of such casualty, Tenant does not occupy the portion of the Premises which is untenantable during such period.

  • Lease of Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the Term and upon the terms and conditions hereinafter set forth.

  • ABATEMENT OF RENT; LESSEE'S REMEDIES (a) In the event of (i) Premises Partial Damage or (ii) Hazardous Substance Condition for which Lessee is not legally responsible, the Base Rent, Common Area Operating Expenses and other charges, if any, payable by Lessee hereunder for the period during which such damage or condition, its repair, remediation or restoration continues, shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not in excess of proceeds from insurance required to be carried under Paragraph 8.3(b). Except for abatement of Base Rent, Common Area Operating Expenses and other charges, if any, as aforesaid, all other obligations of Lessee hereunder shall be performed by Lessee, and Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair, remediation or restoration. (b) If Lessor shall be obligated to repair or restore the Premises under the provisions of this Paragraph 9 and shall not commence, in a substantial and meaningful way, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue, Lessee may, at any time prior to the commencement of such repair or restoration, give written notice to Lessor and to any Lenders of which Lessee has actual notice of Lessee's election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Lessee gives such notice to Lessor and such Lenders and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in said notice. If Lessor or a Lender commences the repair or restoration of the Premises within thirty (30) days after the receipt of such notice, this Lease shall continue in full force and effect. "Commence" as used in this Paragraph 9.6 shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever occurs first.

  • Sale of Premises by Landlord In the event of any sale of the Building, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease.