Common use of Outside Completion Date Clause in Contracts

Outside Completion Date. If Landlord determines that it will be unable to substantially complete Landlord’s Additional Premises Work in the Additional Premises described in the Additional Premises Plan on or before July 11, 2015 (the “Outside Completion Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Force Majeure (as defined in Section 14.1 of the Original Lease) or Tenant Delay without limiting Landlord’s other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall be entitled to remain in occupancy of up to a total of 10,000 square feet on floors 31 and 32 of the Building (the “Swing Space”), which is a portion of the premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Lease) until the date Landlord substantially completes the Landlord’s Additional Premises Work and the Swing Space shall be used by Tenant on all the terms and conditions of the 1978 Lease except Tenant shall have no obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in the 1978 Lease) with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence shall be Tenant’s sole and exclusive remedies for Landlord’s failure so to complete Landlord’s Additional Premises Work by the Outside Completion Date. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date. If applicable, Tenant shall vacate the Swing Space and move into the Additional Premises promptly after Landlord notifies Tenant that the Landlord’s Additional Premises Work is substantially complete.

Outside Completion Date. If Landlord determines that it will be unable to substantially complete Landlord’s Additional Premises Work in the Additional Premises described in the Additional Premises Plan Commencement Date shall not have occurred on or before July 11, 2015 the date forty-five (45) days after the Estimated Commencement Date (“First Outside Completion RC Date”) (), which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same Landlord’s Work by reason of Force Majeure (as defined in Section 14.1 6.1 of this Lease or any act or failure to act of Tenant which interferes with the Original Lease) or Tenant Delay performance of Landlord’s Work, without limiting Landlord’s other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall be entitled to remain in occupancy of up a rent credit against Tenant’s obligation to a total of 10,000 square feet on floors 31 pay Annual Fixed Rent equal to $2,569.93 for each day between the First Outside RC Date and 32 the earlier to occur of the Building Commencement Date or the Second RC Date, as hereinafter defined. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work, and thereby automatically extend for each such equivalent day of delay the date of the First Outside Rent Credit Date. Furthermore, if the Commencement Date shall not have occurred on or before the date one hundred twenty (120) days after the Estimated Commencement Date (“Swing SpaceSecond Outside RC Date”), which date shall be extended automatically for such periods of time as Landlord is a portion prevented from proceeding with or completing Landlord’s Work by reason of Force Majeure as defined in Section 6.1 of this Lease or any act or failure to act of Tenant which interferes with the premises Tenant presently occupies under a lease dated March 1performance of Landlord’s Work, 1978, as amended (the “1978 Lease”without limiting Landlord’s other rights on account thereof), notwithstanding the prior occurrence of the “New Expiration Date” (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Lease) until the date Landlord substantially completes the Landlord’s Additional Premises Work and the Swing Space Tenant shall be used by Tenant on all the terms and conditions of the 1978 Lease except Tenant shall have no entitled to a rent credit against Tenant’s obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in Annual Fixed Rent equal to $5,139.86 for each day between the 1978 Lease) with respect to Second Outside RC Date and the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence shall be Tenant’s sole and exclusive remedies for Landlord’s failure so to complete Landlord’s Additional Premises Work by the Outside Completion Commencement Date. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work, and thereby automatically extend for each such equivalent day of delay the date of the Second Outside Rent Credit Date. If the Commencement Date shall not have occurred on or before the date one hundred eighty (180) days after the Estimated Commencement Date (“Outside Termination Date”), which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing Landlord’s Work pursuant to by reason of Force Majeure as defined in Section 1.1 6.1 of this Work AgreementLease or any act or failure to act of Tenant which interferes with the performance of Landlord’s Work, without limiting Landlord’s other rights on account thereof), Tenant shall have the right, as its sole remedy on account thereof, to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Termination Date until the date which is thirty (30) days subsequent to the Outside Termination Date; and, upon the giving of such notice, the Term of the Lease shall cease and come to an end without further liability or obligation on the part of either party unless the Commencement Date occurs on or before the date thirty (30) days after Landlord’s receipt of such notice. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing the Landlord’s Work, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Termination Date. If applicableIn addition, Tenant the Outside Termination Date shall vacate be extended by the Swing Space and move into number of days that Landlord is delayed in the Additional Premises promptly after Landlord notifies Tenant that the performance of Landlord’s Additional Premises Work is substantially completeby Force Majeure.

Outside Completion Date. If Landlord determines that it will be unable shall have failed substantially to substantially complete Landlord’s Additional Premises Work in the Additional Expansion Premises described in the Additional Premises Plan Plans on or before July 11November 1, 2015 2018 (the “Outside Expansion Premises Completion Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure (as defined in Section 14.1 6.1 of the Original Lease) Lease or any act or failure to act of Tenant Delay which interferes with Landlord’s construction of the Expansion Premises without limiting Landlord’s other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall be entitled have the right to remain in occupancy terminate this First Amendment by giving notice (“Expansion Premises Termination Notice”) to Landlord of up Tenant’s desire to a total of 10,000 square feet on floors 31 do so before such completion and 32 of within the Building (time period from the “Swing Space”), which is a portion of the premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” Outside Expansion Premises Completion Date (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Leaseso extended) until the date which is thirty (30) days subsequent to the Outside Expansion Premises Completion Date (as so extended); and, upon the giving of such notice, this First Amendment shall be deemed null and void and of no further force and effect without further liability or obligation on the part of either party hereunder, unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Additional Premises Work and the Swing Space shall be used by Tenant on all the terms and conditions of the 1978 Lease except Tenant shall have no obligation Work. Such right to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in the 1978 Lease) with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence terminate this First Amendment shall be Tenant’s sole and exclusive remedies remedy for Landlord’s failure so to complete Landlord’s Additional Premises Work by within such time, and in no event shall Tenant have the Outside Completion Dateright to terminate the Lease. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Expansion Premises Completion Date. If applicableIn the event that Tenant exercises its right to terminate this First Amendment pursuant to this Section 1.2, then Tenant shall vacate remove the Swing Space Furniture (as defined in Section 5 of this First Amendment) from the Expansion Premises within thirty (30) days of the date of Tenant’s Expansion Premises Termination Notice. Any Furniture which remains in the Expansion Premises after such thirty (30) day period shall be conclusively deemed abandoned and move into the Additional Premises promptly after may either be retained by Landlord notifies Tenant that the Landlord’s Additional Premises Work is substantially completeas its property or sold or otherwise disposed of in such manner as Landlord may see fit.

Outside Completion Date. (A) If Landlord determines that it will be unable shall have failed substantially to substantially complete Landlord’s Additional Premises Work in the Additional Premises described in the Additional Premises Plan Plans on or before July 11, 2015 (the “Outside Completion Date”) Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure (as defined in Section 14.1 6.1 of the Original Lease) Lease or Tenant Delay without limiting Landlord’s other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall be entitled have the right to remain in occupancy terminate the Lease by giving notice to Landlord of up Tenant’s desire to a total of 10,000 square feet on floors 31 do so before such completion and 32 of within the Building (time period from the “Swing Space”), which is a portion of the premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” Outside Completion Date (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Leaseso extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Additional Premises Work and the Swing Space shall be used by Tenant on all the terms and conditions of the 1978 Lease except Tenant shall have no obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in the 1978 Lease) with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence shall be Tenant’s sole and exclusive remedies for Landlord’s failure so to complete Landlord’s Additional Premises Work by the Outside Completion DateWork. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date. . (B) If applicableLandlord shall have failed substantially to complete Landlord’s Work described in the Plans on or before the date which is fifteen (15) days subsequent to the Outside Completion Date (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure or Tenant Delay without limiting Landlord’s other rights on account thereof) and Tenant has not terminated the Lease as provided in Section 1.2(A) hereinabove, Tenant the Annual Fixed Rent and Tenant’s payments on account of Operating Cost Excess and Tax Excess shall vacate be abated by one (1) day for each day beyond the Swing Space and move into date which is fifteen (15) days subsequent to the Additional Premises promptly after Outside Completion Date (as so extended) that Landlord notifies Tenant that thus fails to substantially complete the Landlord’s Additional Premises Work is described in the Plans. (C) The foregoing rent abatement and right of termination shall be Tenant’s sole and exclusive remedies at law or in equity or otherwise for Landlord’s failure to substantially completecomplete the Landlord’s Work within the time periods set forth above.

Outside Completion Date. (A) If Landlord determines shall have failed substantially to complete Landlord’s Work on or before the date that it will is forty-five (45) days subsequent to the Estimated Commencement Date as defined in Section 1.1 of the Lease (which date shall be unable extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any Tenant Delay without limiting Landlord’s other rights on account thereof), the Annual Fixed Rent shall be abated by one (1) day for each day beyond the date which is forty-five (45) days subsequent to the Estimated Commencement Date (as so extended) that Landlord fails to substantially complete Landlord’s Additional Premises Work; provided, however, that such rental abatement shall not continue beyond the Outside Completion Date regardless if Landlord’s Work in the Additional Premises described in the Additional Premises Plan is substantially complete as of such date. (B) If Landlord shall have failed substantially to complete Landlord’s Work on or before July 11, 2015 (the “Outside Completion Date”) Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Force Majeure (as defined in Section 14.1 6.1 of the Original LeaseLease (but not more than one hundred twenty (120) additional days in the aggregate) or any act or failure to act of Tenant Delay which interferes with Landlord’s construction of the Premises, without limiting Landlord’s other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall be entitled have the right to remain in occupancy terminate the Lease by giving notice to Landlord of up Tenant’s desire to a total of 10,000 square feet on floors 31 do so before such completion and 32 of within the Building (time period from the “Swing Space”), which is a portion of the premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” Outside Completion Date (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Leaseso extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Additional Premises Work Work. (C) The foregoing rent abatement and the Swing Space shall be used by Tenant on all the terms and conditions right of the 1978 Lease except Tenant shall have no obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in the 1978 Lease) with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence termination shall be Tenant’s sole and exclusive remedies for Landlord’s failure so to substantially complete Landlord’s Additional Premises Work by within the Outside Completion Datetime periods set forth above. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work the work to be done by Landlord pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Estimated Commencement Date and Outside Completion Date. If , as applicable, Tenant shall vacate the Swing Space and move into the Additional Premises promptly after Landlord notifies Tenant that the Landlord’s Additional Premises Work is substantially complete.

Outside Completion Date. If Landlord determines that it will be unable shall have failed substantially to substantially complete Landlord’s Additional Premises 's Work in the Additional New Premises described in the Additional Premises Plan Plans on or before July 11, 2015 (the “New Premises Outside Completion Date”) Date as defined in the First Amendment to which this Work Letter is attached (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord's Force Majeure (as defined in Section 14.1 or any act or failure to act of Tenant which interferes with Landlord's construction of the Original Lease) or Tenant Delay New Premises without limiting Landlord’s 's other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall be entitled have the right to remain in occupancy terminate this First Amendment with respect to New Premises by giving notice to Landlord of up Tenant's desire to a total of 10,000 square feet on floors 31 do so before such completion and 32 of within the Building (time period from the “Swing Space”), which is a portion of the premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” Premises Outside Completion Date (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Leaseso extended) until the date which is thirty (30) days subsequent to the New Premises Outside Completion Date (as so extended); and, upon the giving of such notice, this First Amendment with respect to New Premises shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Additional Premises 's Work and the Swing Space shall be used by Tenant on all the terms and conditions respecting New Premises. Such right of the 1978 Lease except Tenant shall have no obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in the 1978 Lease) termination with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence Premises shall be Tenant’s 's sole and exclusive remedies remedy for Landlord’s 's failure so to complete Landlord’s Additional 's Work within such time and in no event shall Tenant have a right to terminate the Lease with respect to the Initial Premises Work by the Outside Completion Datefor such failure. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional 's Work respecting New Premises Work pursuant to Section 1.1 of this Work Agreementhereof, and thereby automatically extend for each such equivalent day of delay the date of the New Premises Outside Completion Date. If applicable, Tenant shall vacate the Swing Space and move into the Additional Premises promptly after Landlord notifies Tenant that the Landlord’s Additional Premises Work is substantially complete.

Outside Completion Date. If Landlord determines that it will be unable shall have failed substantially to substantially complete Landlord’s Additional Premises Work in the Additional Premises described in the Additional Premises Plan Plans on or before July 11, 2015 the date that is forty-five (45) days subsequent to the “Outside Completion Date”) Estimated Commencement Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure (as defined in Section 14.1 6.1 of the Original Lease) Lease or any Tenant Delay without limiting Landlord’s other rights on account thereof), then the Annual Fixed Rent shall be abated by one (i1) day for each day beyond the date which is forty-five (45) days subsequent to the Estimated Commencement Date (as so extended) that Landlord fails to substantially complete Landlord’s Work; provided, however, that such rental abatement shall not continue beyond the date which is thirty (30) days subsequent to the Outside Completion Date (as the same may be extended as hereinafter described) regardless if Landlord’s Work is substantially complete as of such date. Furthermore, if Landlord shall so notify have failed substantially to complete Landlord’s Work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any act or failure to act of Tenant in writing by June 15which interferes with Landlord’s construction of the Premises without limiting Landlord’s other rights on account thereof), 2015, and (ii) Tenant shall be entitled have the right to remain in occupancy terminate the Lease by giving notice to Landlord of up Tenant’s desire to a total of 10,000 square feet on floors 31 do so before such completion and 32 of within the Building (time period from the “Swing Space”), which is a portion of the premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” Outside Completion Date (as such term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Leaseso extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Additional Premises Work and the Swing Space shall be used by Tenant on all the terms and conditions of the 1978 Lease except Tenant shall have no obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such terms are defined in the 1978 Lease) with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided belowWork. The rights set forth in the prior sentence foregoing rent abatement and right of termination shall be Tenant’s sole and exclusive remedies remedy for Landlord’s failure so to complete Landlord’s Additional Premises Work by the Outside Completion Datewithin such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Estimated Commencement Date and the Outside Completion Date. If applicable, Tenant shall vacate the Swing Space and move into the Additional Premises promptly after Landlord notifies Tenant that the Landlord’s Additional Premises Work is substantially complete.