Rental Commencement Date. (A) As to the "1st Floor North Space" (as defined on Exhibit "B-1"), on the earlier of (x) April 1, 2003 or (y) the date upon which Tenant takes possession and occupies the Demised Premises for the purpose of conducting business therein; provided that if the Demised Premises are not ready for occupancy on the date set forth in (x) above due to delays not caused by Tenant or its employees, agents or contractors, then the date set forth in (x) above shall be postponed to the date on which the... Demised Premises are ready for occupancy. Landlord shall attempt to deliver to 1st Floor North Space to Tenant on January 1, 2003. If Landlord is not able to do so, because the tenant currently in occupancy thereof holds over past its lease term, Landlord shall use all reasonable efforts to acquire the access and rights to such space including, but not limited to, filing and pursuing a dispossessory action. If Landlord is not able to deliver the 1st Floor North Space to Tenant by January 1, 2003, then, as Tenant's sole remedy, the aforesaid date of April 1, 2003 shall be moved back and delayed by fourteen (14) days, plus a day for every day after January 1, 2003 that Landlord is unable to deliver the 1st Floor North Space. If Landlord is not able to deliver the 1st Floor North Space to Tenant by April 30, 2003, then Tenant, in Tenant's sole discretion, shall be entitled to terminate this Lease, as to such 1st Floor North Space only, by a notice of such election delivered to Landlord, if at all, on or before June 30, 2003. In such a termination, neither party hereto shall have any further rights or responsibilities with respect to said 1st Floor North Space, and, by way of illustration but not limitation, the Construction Allowance due from Landlord shall be reduced by $454,380.00. If Tenant does not elect to terminate the Lease as to the 1st Floor North Space for the aforesaid cause, then Landlord will use reasonable, best-efforts efforts to attempt to locate and make available temporary space for Tenant to utilize in the Building, until Landlord is able to deliver the 1st Floor North Space to Tenant. (B) As to the "6th Floor LOMA Space" (as defined on Exhibit "B-1"), on November 1, 2005. (C) As to the "8th Floor Chevron Space" (as defined on Exhibit "B-1"), on April 1, 2005. (D) As to the remainder of the Demised Premises not otherwise addressed above, on January 1, 2003.View More
