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Fill and Sign the Windstream Holdings Inc Edgar Online Form

Fill and Sign the Windstream Holdings Inc Edgar Online Form

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1.05[2] Example 4: Commencement Triggering Events Provision Drafted Using the Pyramiding Technique Section 2.2. Commencement Triggering Events. (A) The term of this Lease (the "Term") shall commence on the later of (i) the date when the work to be done by Landlord ("Landlord's Work"), as provided in Exhibit "D" annexed hereto, is substantially completed or (ii) August 1, 1995 (such later date being hereinafter referred to as the "Commencement Date") and shall end at noon on the day preceding the sixteenth (16th) anniversary of the Commencement Date (the "Expiration Date"), or shall end on such earlier date upon which the Term may expire or be canceled or terminated pursuant to any of the conditions or covenants of this Lease or pursuant to law. Tenant shall have the right to occupy the Demised Premises as of the Commencement Date upon all the terms and conditions of this Lease, except that Tenant's obligation to pay Fixed Rent (hereinafter defined) shall be fully abated to June 30, 1996, provided, however, that for each day after August 1, 1995 that Landlord is not able to substantially complete Landlord's Work in the Demised Premises and Landlord's delay if substantial completion results in additional delay in Tenant's Work (as hereinafter defined) and is not attributable to Tenant Related Delay (as defined in Paragraph 6 of Exhibit D), then (i) the abatement of Fixed Rent shall be extended from June 30, 1996 by the number of days between August 1, 1995 and the Commencement Date (the date on which Tenant is obligated to commence paying Fixed Rent hereinafter called the "Rent Commencement Date") and (ii) Landlord shall pay or credit Tenant against Fixed Rent due hereunder an amount equal to the additional costs of construction incurred by Tenant to complete its work in the Demised Premises occasioned by such delay (without giving any effect to any delay referred to in Subparagraph 6B of Exhibit D of this Lease). (B) Landlord's Work shall be deemed to be Substantially Completed upon completion of construction except for minor details of construction, decoration or mechanical adjustment, the noncompletion of which will not materially interfere with Tenant's use of the Demised Premises. The taking possession of the Demised Premises shall be presumptive evidence that, at the time such possession was taken, the Demised Premises were in good and satisfactory condition and that Landlord's Work was Substantially Completed. Tenant shall have the right to submit a "punch list" to Landlord no later than Fifteen (15) business days after the Commencement Date and Landlord shall promptly complete the items included therein. Notwithstanding the preceding sentence, Landlord shall have no responsibility to perform any work or correct any damage caused by Tenant or any of Tenant's sub-tenants, contractors, subcontractors, agents, moving-men, invitees or licensees. (C) Notwithstanding the provisions of subsection (B) of this Section, if there is a delay in the availability for occupancy of the Demised Premises due to any reason set forth in paragraph 6 of Exhibit "D," then the Demised Premises shall be deemed to have been substantially completed on the date when the Demised Premises would have been available but for such delay even though Landlord's Work has not been commenced or completed, and the additional costs to Landlord to complete the Demised Premises occasioned by such delay shall be promptly paid by Tenant to Landlord on demand as Additional Rent (hereinafter defined). Tenant hereby indemnifies Landlord against liability arising out of any such delay. Landlord, at its option, may, by notice to Tenant, given within Thirty (30) days after the Commencement Date is determined, extend the Term for the period of days equal to the delay in the availability for occupancy of the Demised Premises due to the reasons set forth in paragraph 6 of Exhibit "D" plus the number of days necessary in order for the Term to end on the last day of a month. Nothing contained in this Section 1.03 shall limit or prejudice any of the other rights of Landlord under this Lease.

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