Term Contract Clauses (8,450)

Grouped Into 443 Collections of Similar Clauses From Business Contracts

This page contains Term clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Term. The Executive's engagement shall commence no later than March 5, 2018 (the "Effective Date") and shall continue through the third anniversary of the Effective Date (the "Term") unless otherwise terminated as provided herein. In the event that the Executive remains an employee of the Company following expiration of the Term and this Agreement is not extended, he shall be an employee "at will" and shall not be (i) at any time during or following such "at will" employment, entitled to any of the be...nefits under this Agreement, or (ii) at any time following such "at will employment", subject to any of the restrictions (other than the undertakings contained in Section 6 and the provisions of Section 10, in each case, which shall survive any termination or non-renewal of this Agreement), contained in this Agreement (including, but not limited to, the non-solicitation provisions contained in Section 7). If the Company does not intend to continue Executive's employment following the expiration of the Term, it shall notify Executive, in writing, by no later than six (6) months prior to the expiration of the Term. View More
Term. The Executive's engagement shall commence on an date to be mutually agreed (but no later than March 5, 2018 November 15, 2018) (the "Effective Date") and shall continue through the third anniversary of the Effective Date December 31, 2021 (the "Term") "Term"), unless otherwise terminated as provided herein. in Section 5. In the event that the Executive remains an employee of the Company following expiration of the Term and this Agreement is not extended, he shall be an employee "at will" and sha...ll not be (i) at any time during or following such "at will" employment, entitled to any of the benefits under this Agreement, or (ii) at any time following such "at will employment", subject to any of the restrictions (other than the undertakings contained in Section 6 and the provisions of Section 10, in each case, which shall survive any termination or non-renewal of this Agreement), contained in this Agreement (including, but not limited to, the non-solicitation provisions contained in Section 7). If the Company does not intend to continue Executive's employment following the expiration of the Term, it shall notify Executive, in writing, by no later than six (6) months prior to the expiration of the Term. View More
Term. The Executive's engagement employment hereunder shall commence no later than March 5, 2018 on April 3, 2017 (the "Effective Date") and shall continue through the third anniversary of the Effective Date March 31, 2020 (the "Term") unless otherwise earlier terminated as provided herein. In the event that the Executive remains an employee of the Company following expiration of the Term and this Agreement is not extended, he she shall be an employee "at will" and shall not be (i) at any time during ...or following such "at will" employment, entitled to any of the benefits under this Agreement, or (ii) at any time following such "at will employment", subject to any of the restrictions (other than the undertakings contained in Section 6 and the provisions of Section 10, in each case, which shall survive any termination or non-renewal of this Agreement), contained in this Agreement (including, but not limited to, the non-solicitation provisions contained in Section 7). If the Company does not intend to continue Executive's employment following the expiration of the Term, it shall so notify Executive, in writing, by no later than six (6) months prior to the expiration of the Term. October 1, 2019. View More
View Variations (3)
Term. Subject to the provisions of termination as hereinafter provided, the initial term of the Executive's employment under this Agreement shall begin on the Effective Date and shall terminate on December 31, 2020 (the "Initial Term"). Unless the Company notifies the Executive that the Executive's employment under this Agreement will not be extended or the Executive notifies the Company that the Executive is not willing to extend the Executive's employment, the term of the Executive's employment unde...r this Agreement shall automatically be extended for a single additional one (1) year period on the same terms and conditions as set forth herein (the "Renewal Term"). The Initial Term and the Renewal Term (if any) are sometimes referred to collectively herein as the "Term." 3. Notice of Non-Renewal. The Company or the Executive may elect not to extend the Executive's employment under this Agreement by notifying the other party in writing not less than sixty (60) days prior to the expiration of the Initial Term or the Renewal Term. For the purposes of this Agreement, the election by the Company not to extend the Executive's employment hereunder for the Renewal Term shall be deemed a termination of the Executive's employment without "Cause," as hereinafter defined. View More
Term. Subject to the provisions of termination as hereinafter provided, the initial term of the Executive's employment under this Agreement shall begin on the Effective Date and shall terminate on December 31, 2020 2022 (the "Initial Term"). Unless the Company notifies the Executive that the Executive's employment under this Agreement will not be extended or the Executive notifies the Company that the Executive is not willing to extend the Executive's employment, the term of the Executive's employment... under this Agreement shall automatically be extended for a single additional one (1) year period on the same terms and conditions as set forth herein (the "Renewal Term"). The Initial Term and the Renewal Term (if any) are sometimes referred to collectively herein as the "Term." 3. Notice of Non-Renewal. The Company or the Executive may elect not to extend the Executive's employment under this Agreement by notifying the other party in writing not less than sixty (60) days prior to the expiration of the Initial Term or the Renewal Term. For the purposes of this Agreement, the election by the Company not to extend the Executive's employment hereunder for the Renewal Term shall be deemed a termination of the Executive's employment without "Cause," as hereinafter defined. View More
View Variations (3)
Term. Unless sooner terminated as provided herein, Executive's term of continued employment hereunder shall commence on the Effective Date and continue until December 31, 2015 (the "Initial Term"). Unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term, as defined below, this Agreement shall automatically renew for a period of twelve (12) months and shall automatically be renewed thereafter for subsequent term...s of twelve (12) months (each, a "Renewal Term"; the Initial Term and any Renewal Terms are referred to herein collectively as the "Term"). View More
Term. Unless sooner terminated as provided herein, Executive's term of continued employment hereunder shall commence on the Effective Date March 2, 2020 (the "Commencement Date") and continue until December 31, 2015 February 28, 2021 (the "Initial Initial Term"). Unless either party provides written notice of non-renewal at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term, as defined below, this Agreement shall automatically renew for a period of twelve (12) months... and shall automatically be renewed thereafter for subsequent terms of twelve (12) months (each, a "Renewal Term"; the Initial Term and any Renewal Terms are referred to herein collectively as the "Term"). View More
View Variations (2)
Term. The Bank hereby employs the Employee, and the Employee hereby accepts such employment under this Agreement, for the period commencing on the date hereof and ending June 30, 2021 (or such earlier date as is determined in accordance with Section 9 hereof). Additionally, prior to July 1 of each year, the Employee's term of employment and this Agreement shall be extended for an additional one-year period beyond the then effective expiration date; provided, however, that the Compensation Committee of... the Board determines in a duly adopted resolution that the performance of the Employee has met the Board's requirements and standards and that the term of this Agreement shall be extended. Prior to July 1 of each such year, the Compensation Committee and the Board shall meet to review the Employee's performance and determine whether the term of this Agreement shall be extended. By written notice, the Board or the Chief Executive Officer will inform the Employee no later than July 1 whether the Board has determined to extend the term of this Agreement, and if the Employee is not so notified, the term of this Agreement shall be deemed to have been extended. View More
Term. The Bank Company hereby employs the Employee, and the Employee hereby accepts such employment under this Agreement, for the period commencing on the date hereof and ending June 30, 2021 (or such earlier date as is determined in accordance with Section 9 hereof). Additionally, prior to July 1 of each year, the Employee's term of employment and this Agreement shall be extended for an additional one-year period beyond the then effective expiration date; provided, however, date, provided that the Co...mpensation Committee of the Board determines in a duly adopted resolution that the performance of the Employee has met the Board's requirements and standards standards, and that the term of this Agreement shall be extended. Prior to July 1 of each such year, the Compensation Committee and the Board shall meet to review the Employee's performance and determine whether the term of this Agreement shall be extended. By written notice, the Board or the Chief Executive Officer will inform the Employee no later than July 1 as soon as possible after the Board's annual review whether the Board has determined to extend the term of this Agreement, and if the Employee is not so notified, the term of this Agreement shall be deemed to have been extended. Agreement. View More
View Variations (2)
Term. (a) Unless earlier terminated as set forth herein, this Agreement will continue in full force and effect for a term expiring on June 16, 2018, unless extended by the Company and the Placement Agent (the "Term"). Certain provisions of this Agreement survive the termination of this Agreement as expressly provided elsewhere herein. (b) Prior to the end of the Term, (i) the Company may terminate this Agreement immediately and without notice in the event of a material breach of this Agreement by the ...Placement Agent, and (ii) either party may terminate this Agreement upon 5 (five) business days prior written notice to the other party for any reason. In the event the Company terminates this Agreement, the Placement Agent will be entitled to all applicable Cash Fees and Equity Compensation provided for in Section 2 hereof, earned prior to such termination, and, if the Company terminates this Agreement pursuant to Section 3(b)(ii), the Placement Agent will also be entitled to its non-accountable expenses of $25,000 as contemplated by Section 9 hereof. 2 (c) In the event that the Company consummates a sale of its securities (whether debt or equity) to a Qualified Investor within the twelve (12) month period immediately following the date of termination or expiration of this Agreement (the "Tail Period") pursuant to which the Placement Agent would have been entitled to the compensation set forth in Section 2 of this Agreement had the sale occurred during the term of this Agreement, then at the closing of each such investment during the Tail Period, the Company shall pay the Placement Agent the compensation as set forth in Section 2 hereof (including PA Warrants), in the amounts equal to the compensation that the Placement Agent would have earned from such investments had the Company closed on such investments prior to the termination of this Agreement. View More
Term. (a) Unless earlier terminated as set forth herein, this Agreement will continue in full force and effect for a term expiring on June 16, 2018, February 28, 2019, unless extended by the Company and the Placement Agent (the "Term"). Certain provisions of this Agreement survive the termination of this Agreement as expressly provided elsewhere herein. (b) Prior to the end of the Term, (i) the Company may terminate this Agreement immediately and without notice in the event of a material breach of thi...s Agreement by the Placement Agent, and (ii) either party may terminate this Agreement upon 5 (five) 3 (three) business days prior written notice to the other party for any reason. In the event the Company terminates this Agreement, the Placement Agent will be entitled to all applicable Cash Fees and Equity Compensation provided for in Section 2 hereof, earned prior to such termination, and, if the Company terminates this Agreement pursuant to Section 3(b)(ii), the Placement Agent will also be entitled to its non-accountable expenses of $25,000 $35,000 as contemplated by Section 9 hereof. 2 (c) In the event that the Company consummates a sale of its securities (whether debt or equity) to a Qualified Investor within the twelve (12) month period immediately following the date of termination or expiration of this Agreement (the "Tail Period") pursuant to 2 which the Placement Agent would have been entitled to the compensation set forth in Section 2 of this Agreement had the sale occurred during the term of this Agreement, then at the closing of each such investment during the Tail Period, the Company shall pay the Placement Agent the compensation as set forth in Section 2 hereof (including PA Warrants), in the amounts equal to the compensation that the Placement Agent would have earned from such investments had the Company closed on such investments prior to the termination of this Agreement. For the avoidance of doubt, the Tail Period and related fees due under Section 2 shall only be applicable to investors who participate in this offering. This qualification does not supersede Tail Periods which remain effective from prior Agreements. View More
View Variations (3)
Term. The Company hereby employs the Executive, and the Executive hereby accepts such employment under this Agreement, for the period commencing on the Effective Date and ending on March 31, 2016 or such earlier date as is determined in accordance with Section 11 (the "Term")." 3 7. Loyalty; Noncompetition. (a) During the period of his employment hereunder and except for illnesses, reasonable vacation periods, and reasonable leaves of absence, the Executive shall devote substantially all his full busi...ness time, attention, skill, and efforts to the faithful performance of his duties hereunder; provided, however, from time to time, Executive may serve on the boards of directors of, and hold any other offices or positions in, companies or organizations, at the request of the Company or which will not present, in the opinion of the Board, any conflict of interest with the Company or any of its subsidiaries or affiliates, nor unfavorably affect the performance of Executive's duties pursuant to this Agreement, nor violate any applicable statute or regulation. "Full business time" is hereby defined as that amount of time usually devoted to like companies by similarly situated executive officers. During the Term of his employment under this Agreement, the Executive shall not engage in any business or activity contrary to the business affairs or interests of the Company. (b) Nothing contained in this Paragraph 7 shall be deemed to prevent or limit the Executive's right to invest in the capital stock or other securities of any business dissimilar from that of the Company or, solely as a passive or minority investor, in any business. View More
Term. The Company hereby employs the Executive, and the Executive hereby accepts such employment under this Agreement, for the period commencing on the Effective Date and ending on March 31, 2016 or such earlier date as is determined in accordance with Section 11 (the "Term")." 3 7. Loyalty; Noncompetition. (a) During the period of his employment hereunder and except for illnesses, reasonable vacation periods, and reasonable leaves of absence, the Executive shall devote substantially all his full busi...ness time, attention, skill, and efforts to the faithful performance of his duties hereunder; provided, however, from time to time, Executive may serve on the boards of directors of, and hold any other offices or positions in, companies or organizations, at the request of the Company or which will not present, in the opinion of the Board, any conflict of interest with the Company or any of its subsidiaries or affiliates, nor unfavorably affect the performance of Executive's duties pursuant to this Agreement, nor violate any applicable statute or regulation. "Full business time" is hereby defined as that amount of time usually devoted to like companies by similarly situated executive officers. During the Term of his employment under this Agreement, the Executive shall not engage in any business or activity contrary to the business affairs or interests of the Company. (b) Nothing contained in this Paragraph 7 shall be deemed to prevent or limit the Executive's right to invest in the capital stock or other securities of any business dissimilar from that of the Company or, solely as a passive or minority investor, in any business. 3 8. Standards. The Executive shall perform his duties under this Agreement in accordance with such reasonable standards as the Board may establish from time to time. The Company will provide Executive with the working facilities and staff customary for similar executives and necessary for him to perform his duties. View More
View Variations (2)
Term. The term of the employment shall be for One (1) year, commencing on the Effective Date (the "Term"), unless sooner terminated by the Company or Employee in accordance with the terms of this Agreement or pursuant to Section 6 below.
Term. The term of the employment shall be for a One (1) year, year period commencing on the Effective Date (the "Term"), unless sooner terminated by the Company or Employee in accordance with the terms of this Agreement or pursuant to Section 6 below.
View Variations (2)
Term. This Agreement is effective as of January 1, 2015 and will expire on December 31, 2017 (the "Initial Three Year Term"); provided that on and after January 1, 2017 (the second anniversary of this Agreement) the Initial Three Year Term shall be automatically extended by one day on each day that passes while you are employed pursuant to this Agreement (including any day after the end of the Initial Three Year Term) so that there will always be one year remaining in the term of this Agreement (the I...nitial Three Year Term and any extended term of this Agreement is referred to as the "Employment Period"). In the event of the termination of your employment for any reason after January 1, 2017 when the automatic one-day extensions begin, the automatic one-day extensions shall cease as of your last day of employment pursuant to this Agreement. At any time on or after January 1, 2017, the Company may give you written notice that the Employment Period will not be extended on a daily basis ("Nonrenewal Notice"), in which case this Agreement will terminate one year after the date of the Nonrenewal Notice, but not before the completion of the Initial Three Year Term, or such later date as may be specified in the Nonrenewal Notice. Notwithstanding anything in this Agreement to the contrary, this Agreement will automatically terminate on the first day of the month immediately following the month in which you turn seventy (70). The last day of the Employment Period is sometimes referred to in this Agreement as the "Expiration Date." 3. Compensation. (a) Base Salary. During the Employment Period, you shall receive for your services an annual base salary (the "Base Salary") in an amount to be determined by the Company in accordance with the salary administration program of the Company as it may from time to time be in effect. The Base Salary will be reviewed annually and may be adjusted upward or downward in the sole discretion of the Human Resources and Compensation Committee or the Board of Directors of the Company. The initial Base Salary will be $230,000. In no event will the Base Salary be less than $230,000 during the Employment Period. (b) Short-Term and Long-Term Incentives. During the Employment Period, you may participate in such short-term and/or long-term cash and/or equity incentive plan(s) in such manner and subject to such terms and conditions as the Compensation Committee or the Board of Directors of the Company, in its sole discretion, may determine. An annual bonus, if any, will be paid within two and a half months after the end of the applicable year. To be eligible to receive any bonus, you must be employed by the Company on the date such bonus is paid, unless you have retired in accordance with the Company's retirement policy after the date on which you were deemed to have earned any bonus under the applicable bonus or incentive plan. View More
Term. This Agreement is effective as of January 1, 2015 the date of this Agreement written above and will expire on December 31, 2017 2019 (the "Initial Three Year Term"); provided that on and after January 1, 2017 2019 (the second calendar year anniversary of this Agreement) the Initial Three Year Term shall be automatically extended by one day on each day that passes while you are employed pursuant to this Agreement (including any day after the end of the Initial Three Year Term) so that there will ...always be one year remaining in the term of this Agreement (the Initial Three Year Term and any extended term of this Agreement is referred to as the "Employment Period"). In the event of the termination of your employment for any reason after January 1, 2017 2019 when the automatic one-day extensions begin, the automatic one-day extensions shall cease as of your last day of employment pursuant to this Agreement. At any time on or after January 1, 2017, 2019, the Company Bank may give you written notice that the Employment Period will not be extended on a daily basis ("Nonrenewal Notice"), in which case this Agreement will terminate one year after the date of the Nonrenewal Notice, but not before the completion of the Initial Three Year Term, or such later date as may be specified in the Nonrenewal Notice. Notwithstanding anything in this Agreement to the contrary, this Agreement will automatically terminate on the first day of the month immediately following the month in which you turn seventy (70). The last day of the Employment Period is sometimes referred to in this Agreement as the "Expiration Date." 3. Compensation. (a) Base Salary. During the Employment Period, you shall receive for your services an annual base salary (the "Base Salary") in an amount to be determined by the Company Bank in accordance with the salary administration program of the Company Bank as it may from time to time be in effect. The Base Salary will be reviewed annually and may be adjusted upward or downward in the sole discretion of the Human Resources and Compensation Committee (the "Compensation Committee") or the Board of Directors of the Company. Bank. The initial Base Salary will be $230,000. $225,000. In no event will the Base Salary be less than $230,000 $225,000 during the Employment Period. (b) Short-Term and Long-Term Incentives. During the Employment Period, Period and beginning for the 2017 calendar year, you may participate in such short-term and/or long-term cash and/or equity incentive plan(s) in such manner and subject to such terms and conditions as the Compensation Committee or the Board of Directors of the Company, Bank, in its sole discretion, may determine. An annual bonus, if any, will be paid within two and a half months after the end of the applicable year. To be eligible to receive any bonus, you must be employed by the Company Bank on the date such bonus is paid, unless you have retired in accordance with the Company's Bank's retirement policy after the date on which you were deemed to have earned any bonus under the applicable bonus or incentive plan. (c) Signing Bonus and Stock Award. You will receive a cash signing bonus of $25,000 as soon as practicable after your employment begins. In addition, you will be granted an award of restricted shares of the Company's common stock with a market value of $25,000 as of the grant date pursuant to the Company's Stock Incentive Plan. The award of restricted shares will vest over a three year period, with one-third of the restricted shares vesting on each of the first, second and third anniversaries of the grant date. The restricted stock award will be granted within thirty (30) days after your employment begins. You agree that the entire amount of the cash signing bonus will be subject to clawback by the Bank if you voluntarily terminate your employment without Good Reason (as defined below in Section 5(f)) within one year after your employment begins. View More
View Variations (2)
Term. The term of this Agreement (the "Term") shall become effective as of the Effective Date and shall remain in effect until the earliest of: (a) the Employee's Termination of Employment, regardless of the manner in which it was effected, prior to the effective date of a Change in Control; (b) the conclusion of the Post-Change in Control Period, provided there has been no Qualifying Termination of Employment prior thereto; (c) a termination pursuant to Section 13; (d) the expiration date specified i...n a written notice (the "Expiration Notice") provided to the Employee by the Company; provided, however, that such expiration date must be at least 90 days following the date of the Expiration Notice; provided, further, that the Company may not provide an Expiration Notice following, or in anticipation of, a Change in Control; or (e) the date on which all amounts that may be payable to the Employee pursuant to Section 1 have been paid in connection with a Qualifying Termination of Employment. View More
Term. The term of this Agreement (the "Term") shall become effective as of the Effective Date and shall remain in effect until the earliest of: (a) the - 6 – (a)the Employee's Termination of Employment, regardless of the manner in which it was effected, prior to the effective date of a Change in Control; (b) the (b)the conclusion of the Post-Change in Control Period, provided there has been no Qualifying Termination of Employment prior thereto; (c) a (c)a termination pursuant to Section 13; (d) the ex...piration date specified in a written notice (the "Expiration Notice") provided to the Employee by the Company; provided, however, that such expiration date must be at least 90 days following the date of the Expiration Notice; provided, further, that the Company may not provide an Expiration Notice following, or in anticipation of, a Change in Control; or (e) the (d)the date on which all amounts that may be payable to the Employee pursuant to Section 1 have been paid in connection with a Qualifying Termination of Employment. View More
View Variations (2)
Term. a. Commencement and Expiration Dates. The Lease Term commences on the Commencement Date and expires on the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows: i. If Tenant requests possession of the Premises prior to the Commencement Date, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, but the... Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant's obligation to pay Rent shall begin on the adjusted Rent Commencement Date. ii. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on the Commencement Date, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord's delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord's agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure or caused by Tenant – "Excused Delays"), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of any part of the Premises. iii. At Landlord's election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties. b. Delivery of Possession. Unless otherwise specified in the Workletter attached as Lease Addendum Number One, "delivery of possession" of the Premises shall mean the earlier of: (i) the date Landlord has the Premises ready for occupancy by Tenant, or (ii) the date Landlord could have had the Premises ready had there been no delays attributable to Tenant. c. Right to Occupy. Prior to occupancy of the Premises, Tenant's Authorized Representative shall execute an Acceptance of Premises similar to Exhibit D attached hereto, to be prepared by Landlord and executed by the parties. Tenant shall not occupy the Premises until Tenant has complied with all of the following requirements to the extent applicable under the terms of this Lease: (i) delivery of all certificates of insurance, (ii) payment of any required Security Deposit, (iii) execution and delivery of any required Guaranty of Lease, and (iv) if Tenant is an entity, receipt of resolutions depicting the authority of the party/individual signing on behalf of Tenant and a good standing certificate from the State where it was organized and a certificate of authority to do business in the State in which the Premises are located (if different). Tenant's failure to comply with these (or any other conditions precedent to occupancy under the terms of this Lease) shall not delay the Commencement Date. View More
Term. a. Commencement and Expiration Dates. The Lease Term commences on the Commencement Date and expires on the Expiration Date, as set forth in Section 1b. b. Adjustments to Commencement Date. The Commencement Date and Expiration Date shall be adjusted as follows: i. If Tenant requests possession of the Premises prior to the Commencement Date, and Landlord consents, the Commencement Date shall be the date of delivery of possession. All Rent (as hereafter defined) Subject to any express abatement or ...free rent periods set forth in this Lease, all rent and other obligations under this Lease shall begin on the date of delivery of possession, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Date, and Tenant's obligation to pay Rent shall begin on the adjusted Rent Commencement Date. same. ii. If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on the Commencement Date, Date determined in accordance with Section 1b, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised to conform to the date of Landlord's delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord's agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding possession; provided, however, that Tenant shall have no obligation to pay any Rent prior to the foregoing, in the event Landlord is unable to deliver date of Landlord's delivery of possession of the Premises within 90 days after to Tenant in accordance with the original Commencement Date set forth in Section 1b (excluding any terms of this Lease. Any delays to the extent resulting from force majeure or caused by Tenant are hereinafter referred to as "Excused Delays"), then Tenant may terminate this Lease by giving notice to Landlord within 100 days of the original Commencement Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of any part of the Premises. iii. At Landlord's election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties. b. Delays". -3- c. Delivery of Possession. Unless otherwise specified in the Workletter Work Letter, if any, attached as Lease Addendum Number One, "delivery of possession" of the Premises shall mean the earlier of: (i) the date Landlord has the Premises ready for occupancy by Tenant, Tenant as evidenced by a permanent or temporary Certificate of Occupancy issued by proper governmental authority, or (ii) the date Landlord could have had the Premises ready had there been no delays Excused Delays attributable to Tenant. c. d. Adjustment of Expiration Date. If the Expiration Date does not occur on the last day of a calendar month, then Landlord shall extend the Term by the number of days necessary to cause the Expiration Date to occur on the last day of the last calendar month of the Term. Tenant shall pay Base Rent and Additional Rent for such additional days at the same rate payable for the portion of the last calendar month immediately preceding such extension. e. Right to Occupy. Prior to occupancy of the Premises, Tenant's Authorized Representative shall execute an Acceptance of Premises similar to Exhibit D attached hereto, to be prepared by Landlord and executed by the parties. Tenant shall not occupy the Premises until Tenant has complied with all of the following requirements to the extent applicable under the terms of this Lease: (i) delivery of all certificates of insurance, (ii) payment of any required Security Deposit, and (iii) execution and delivery of any required Guaranty of Lease, and (iv) if Tenant is an entity, receipt of resolutions depicting the authority of the party/individual signing on behalf of Tenant and a good standing certificate from the State where it was organized and a certificate of authority to do business in the State in which the Premises are located (if different). Tenant's failure to comply with these (or any other conditions precedent to occupancy under the terms of this Lease) shall not delay the Commencement Date. f. Commencement Agreement. The Commencement Date, Term, and Expiration Date may be set forth in a Commencement Agreement similar in form to Exhibit C, attached hereto, to be prepared by Landlord and, subject to Tenant's review and reasonable approval, executed by the parties. View More
Term. a. Commencement and Expiration Dates. The Lease Term commences on the Commencement Date and expires on the Expiration Date, as set forth in Section 1b. The Commencement Date and Expiration Date shall be adjusted as follows: i. If Tenant requests possession of the Premises prior to the Commencement Date, and Landlord consents, the Commencement Date shall be the date of possession. All Rent (as hereafter defined) and other obligations under this Lease shall begin on the date of possession, Operati...on Date, but the Expiration Date shall remain the same; provided, however, that if the Rent Commencement Date set forth in Section 1b is different than the Commencement Date, then the Rent Commencement Date shall be adjusted so as to maintain the same amount of time between the Rent Commencement Date and the earlier Commencement Operation Date, and Tenant's obligation to pay Rent shall begin on the adjusted Rent Commencement Date. ii. If ii.If Landlord, for any reason, cannot deliver possession of the Premises to Tenant on by March 1, 2017, and the substantial completion of the Tenant Improvements is delayed beyond the Commencement Date, Date set forth in Section 1b directly as a result, then the Commencement Date, Expiration Date, and all other dates that may be affected by their change, shall be revised adjusted to conform to account for Landlord's delay in the date of Landlord's delivery of possession of the Premises to Tenant. Any such delay shall not relieve Tenant of its obligations under this Lease, and neither Landlord nor Landlord's agents shall be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises within 90 days after the original Commencement Date set forth in Section 1b (excluding any delays resulting from force majeure on or caused by Tenant – "Excused Delays"), before July 1, 2017 (the "Outside Delivery Date"), then Tenant thereafter may terminate this Lease by giving notice to Landlord; provided, however, Tenant will be deemed to have waived its right to terminate the Lease pursuant to this provision if Landlord within 100 days delivers possession of the original Commencement Premises to Tenant prior to Tenant's delivery of its termination notice to Landlord. Notwithstanding the foregoing, the Outside Delivery Date (excluding Excused Delays). Tenant may not terminate the Lease, however, if it has taken possession of will be extended on a day-for-day basis due to any part of the Premises. iii. At delays resulting from force majeure or delays caused by Tenant. iii.At Landlord's election, the Commencement Date and Expiration Date may be set forth in a Commencement Agreement similar to Exhibit C, attached hereto, to be prepared by Landlord and promptly executed by the parties. b. Delivery If the Expiration Date does not occur on the last day of a calendar month, then Landlord, at its option, may extend the Term by the number of days necessary to cause the Expiration Date to occur on the last day of the last calendar month of the Term. Tenant shall pay Base Rent and Additional Rent for such additional days at the same rate payable for the portion of the last calendar month immediately preceding such extension. b.Delivery of Possession. Unless otherwise specified in the Workletter Work Letter attached hereto as Lease Addendum Number One, Exhibit A-1, "delivery of possession" of the Premises shall mean the earlier of: (i) the date Landlord has the Premises ready for occupancy by Tenant, Tenant; or (ii) the date Landlord could have had the Premises ready had there been no delays attributable to Tenant. c. Right c.Right to Occupy. Prior to occupancy of the Premises, Tenant's Authorized Representative shall execute an Acceptance of Premises similar to Exhibit D attached hereto, to be prepared by Landlord and executed by the parties. Tenant shall not occupy the Premises until Tenant has complied with all of the following requirements to the extent applicable under the terms of this Lease: (i) delivery of all certificates of insurance, insurance; (ii) payment of any required Security Deposit, Deposit; (iii) execution and delivery of any required Guaranty of Lease, Lease; and (iv) if Tenant is an entity, receipt of resolutions depicting the authority of the party/individual signing on behalf of Tenant and a good standing certificate from the State where it was organized and a certificate of authority to do business in the State in which the Premises are located (if different). is located. Tenant's failure to comply with these (or any other conditions precedent to occupancy under the terms of this Lease) shall not delay the Commencement Date. View More
View Variations (2)