Example ContractsClausesDelivery; Acceptance of Premises; Commencement Date
Delivery; Acceptance of Premises; Commencement Date
Delivery; Acceptance of Premises; Commencement Date contract clause examples
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Delivery and Acceptance. On the later of December 1, 2021 and the “Possession Date” under the Master Lease, Sublandlord shall deliver the Subleased Premises to Subtenant in “broom clean” condition with all operating systems in good working order and condition, with the Tenant Improvements therein substantially completed and otherwise in the condition received from Master Landlord. It is anticipated that the Commencement Date will occur on December 1, 2021. If the Commencement Date has not occurred on or before December 1, 2021, for any reason whatsoever, then this Sublease shall not be void or voidable, nor shall Sublandlord be liable to Subtenant for any loss or damage. If the Commencement Date has not occurred for any reason on or before January 1, 2022, then, as Subtenant’s sole and exclusive remedy, Subtenant may terminate this Sublease by written notice to Sublandlord, whereupon any monies previously paid by Subtenant to Sublandlord shall be reimbursed to Subtenant, or, at Subtenant’s election, the date Subtenant is otherwise obliged to commence payment of rent shall be delayed by one (1) additional day after the Commencement Date for each day that the Commencement Date is delayed beyond such date. Except as expressly set forth otherwise herein, by taking possession of the Subleased Premises, Subtenant conclusively shall be deemed to have accepted the Subleased Premises in their “as-is”, then- existing condition, without any warranty whatsoever of Sublandlord with respect thereto, except as expressly set forth in the first (1st) sentence of this Paragraph 4.

Term Commencement Date Letter. Upon Landlord’s request, Tenant shall promptly execute and return to Landlord a “Term Commencement Date Letter” in the form attached hereto as Exhibit C in which Tenant shall agree, among other things, to acceptance of the Premises and to the determination of the Term Commencement Date, in accordance with the terms of this Lease, but Tenant’s failure or refusal to do so shall not negate Tenant’s acceptance of the Premises or affect determination of the Term Commencement Date. Should Tenant fail to execute and return the Term Commencement Date Letter within thirty (30) days after Landlord’s request, the information set forth in such letter provided by Landlord shall be conclusively presumed to be agreed and correct.

The “Term Commencement Date” shall be the earlier of # the Estimated Term Commencement Date and # the day the work required of Tenant (the “Tenant Improvements”) described in the Work Letter set forth in [Exhibit B] attached hereto (the “Work Letter”) is Substantially Complete (as defined below). Tenant shall execute and deliver to Landlord written acknowledgment of the actual Term Commencement Date and the Term Expiration Date within ten (10) days after Tenant takes occupancy of the Premises, in the form attached as [Exhibit C] hereto. Failure to execute and deliver such acknowledgment, however, shall not affect the Term Commencement Date or Landlord’s or Tenant’s liability hereunder. Failure by Tenant to obtain validation by any medical review board or other similar governmental licensing of the Premises required for the Permitted Use by Tenant shall not serve to extend the Term Commencement Date. The term “Substantially Complete” or “Substantial Completion” means that the Tenant Improvements are substantially complete in accordance with the Approved Plans (as defined in the Work Letter), except for minor punch list items.

Phase 1 Commencement Date. The Commencement Date of the Lease for the Phase 1 Expansion Space shall be the earlier of # receipt of a certificate of occupancy for the Phase 1 Expansion Space; or # April 1, 2022. Upon execution of this Third Addendum and [[Organization A:Organization]]’s delivery of the Phase 1 Expansion Space to [[Organization B:Organization]], the Premises (as that term is used in the Lease) shall contain 68,962 rentable square feet of Floor Area.

Obligation Well Commencement Date. Farmor and Farmee shall each use commercially reasonable efforts # to cause operations in anticipation of drilling of the Obligation Well to commence on a date that would allow the drilling rig to commence actual drilling operations on or before May 31, 2017, and # thereafter to cause the Obligation Well to be drilled

Delivery of the Premises. When Landlord’s Work is Substantially Complete, subject to the remaining terms and provisions of this [Section 3(e)], Tenant shall accept the Premises. Tenant’s taking possession and acceptance of the Premises shall not constitute a waiver of: # any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), # any non-compliance of Landlord’s Work with applicable Legal Requirements, or # any claim that Landlord’s Work was not completed substantially in accordance with the Tl Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if the applicable contractor, despite Landlord’s reasonable efforts, fails to remedy such Construction Defect within such 30-day period. If contractor fails to remedy such Construction Defect within a reasonable time, Landlord shall use reasonable efforts to remedy the Construction Defect within 30 days unless such Construction Defect cannot reasonably be remedied in 30 days in which case Landlord shall thereafter continue to diligently pursue such remedy.

Declaration of Commencement. Immediately after the Commencement Date, [[Organization A:Organization]] and [[Organization B:Organization]] shall execute a ratification agreement which shall set forth the final commencement and termination dates for the Term and shall acknowledge the Minimum Rental, the rentable square footage of the Premises, and delivery of the Premises in the condition required by this Lease Agreement.

The 5,003 Expansion Premises from the 5,003 Expansion Premises Commencement Date through the Expiration Date. Effective as of the 5,003 Expansion Premises Commencement Date, the Rent for the 5,003 Expansion Premises shall be payable as follows:

“Base Term: Commencing # with respect to the Original Premises on the Commencement Date, and # with respect to the Expansion Premises on the Expansion Premises Commencement Date, and ending with respect to the entire Premises on June 30, 2019.”

The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means. You hereby consent to receive such documents by electronic delivery and agree to participate in the Plan through an on-line or electronic systems established and maintained by the Company or a third-party designated by the Company.

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