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Delay in Commencement Date Sample Clauses

Delay in Commencement DateIn the event Landlord shall be unable, for any reason, to deliver possession of the Leased Premises to Tenant on the Scheduled Commencement Date, Landlord shall not be liable for any loss or damage occasioned due to such failure, nor shall such inability affect the validity of this Lease or the obligations of Tenant. In such event, Tenant shall not be obligated to pay Annual Basic Rent or Additional Rent until the Commencement Date. In the event Landlord shall not have delivered possession of the Leased Premises to Tenant within thirty (30) days after the Scheduled Commencement Date, and if such failure to deliver possession was (a) caused solely by the fault or neglect of Landlord, and (b) not caused by any fault or neglect of Tenant or due to additional time required to plan for and install other work for Tenant beyond the amount of time which would have been required if only building standard improvements had been installed, then, as its sole and exclusive remedy for Landlord's failure to deliver possession of the Leased Premises in a timely manner, Tenant shall have the right to terminate this Lease by delivering written notice of termination to Landlord at any time within thirty (30) days after the expiration of such thirty (30) day period. Such termination shall be effective thirty (30) days after receipt by Landlord of Tenant's notice of termination unless Landlord shall, prior to the expiration of such thirty (30) day period, deliver possession of the Leased Premises to Tenant. Upon a termination of this Lease pursuant to the provisions of this Article 3.4, the parties shall have no further obligations or liabilities to the other and Landlord shall promptly return any monies previously deposited or paid by Tenant.
Delay in Commencement Date. If within 180 Days from the date the SFMTA approves a Pole License, Licensee does not obtain all necessary permits and approvals from agencies other than the SFMTA that are necessary for Licensee to be legally entitled to install Equipment at Pole Locations approved under a Pole License, then either City or Licensee may terminate the applicable Pole License by written notice to the other party following such 180-day period, and neither party shall have any further rights or obligations hereunder. If Licensee is unable to obtain said necessary approvals or permits, Licensee may request within the first 150 Days of said 180-Day period s of that the SFMTA exercise reasonable efforts in assisting Licensee to identify an alternate pole, which location shall be subject to DPW permitting in the same manner as any other Pole application. Prior to the expiration of the 180-day period, Licensee may extend the Commencement Date an additional 100 days by issuing written notice to the SFMTA and paying one thousand dollars ($1,000) to the SFMTA as consideration for the extension.
Delay in Commencement Date. If the Commencement Date is delayed beyond June 15, 1996, due to LCI, as determined by DIGEX in its reasonable discretion, either party may terminate its obligations under this Agreement on thirty (30) days' notice to the other party without liability hereunder.
Delay in Commencement Date. It is estimated by the parties that the Lease Term will commence on November 1, 2008 (the “Estimated Commencement Date”). The Estimated Commencement Date is merely an estimate of the Commencement Date and, consequently, Tenant agrees that Landlord shall have no liability to Tenant for any loss or damage, nor shall Tenant be entitled to terminate or cancel this Lease if the Lease Term does not commence by the Estimated Commencement Date for any reason whatsoever, and the validity of this Lease shall not be impaired under such circumstances.
Delay in Commencement Date. If the Commencement Date does not occur by August 1st, 2012 (as such date may be extended by Force Majeure, as defined in the Master Lease), then Subtenant shall have the option to terminate this Sublease by written notice to Sublandlord within ten (10) days thereafter, unless the Consent and such delivery of possession, as applicable, occurs prior to the expiration of such ten (10) day period, and, upon any such termination, all deposits and prepayments shall be refunded. The aforesaid right of termination shall be the sole remedy available to Subtenant as a result of any delay in the Commencement Date due to Sublandlord’s failure to obtain Consent and/or deliver possession.
Delay in Commencement Date. If the Commencement Date is delayed due to a Tenant Delay (as defined in the Tenant Improvements Agreement), the obligations of Tenant under this Lease (including, without limitation, the obligation to pay Rent) will commence as of the date that the Commencement Date would have occurred but for the Tenant Delay. If, however, the Commencement Date is delayed due to any reason other than a Tenant Delay (subject to Section 13.8 hereof), then, as Tenant's sole remedy for the delay in Tenant's occupancy of the Premises, the Commencement Date will be delayed and the obligation to pay Rent will not commence until the earlier to occur of (i) the date of actual occupancy by Tenant of the Premises for the conduct of its business, or (ii) the date which is five (5) business days following the date on which the Premises is Ready for Occupancy.
Delay in Commencement DateTenant shall use reasonable efforts (without requiring any overtime or after-hours work, or work to be performed on weekends or holidays generally recognized by the City of San Xxxx) to cause the Tenant Improvements to be constructed in accordance with the provisions of this Tenant Improvement Agreement, and to achieve substantial completion of the Tenant Improvements as soon as reasonably practicable. If the Substantial Completion of the Tenant Improvements is delayed beyond September 1, 2010, and such delay would not have occurred but for a Landlord Delay and/or Force Majeure Delay, then the Commencement Date shall be delayed one (1) day for each day that the Substantial Completion Date has not occurred as a result of such Landlord Delay and/or Force Majeure Delay. Further, if Tenant is occupying or conducting business in any portion of the Premises as of the Commencement Date set forth in the Summary of Lease Terms, notwithstanding that the Substantial Completion Date has not occurred, then the Commencement Date shall not be delayed with respect to the portion of the Premises so occupied or used by Tenant.
Delay in Commencement Date. It is estimated by the parties that the Lease Term for the Initial Premises will commence on thirty (30) days after the mutual execution of this Lease and that the Lease Term for the Must Take Premises will commence on March 1, 2009 (in either event, the “Estimated Commencement Date”). The Estimated Commencement Date is merely an estimate of the Commencement Date and, consequently, Tenant agrees that Landlord shall have no liability to Tenant for any loss or damage, nor shall Tenant be entitled to terminate or cancel this Lease if the Lease Term does not commence by the Estimated Commencement Date for any reason whatsoever, and the validity of this Lease shall not be impaired under such circumstances; subject, however, to Tenant’s rights set forth in Section 1.1 above. In addition, Tenant acknowledges and agrees that nothing contained herein shall prohibit Landlord from delivering the Initial Premises and/or Must Take Premises to Tenant in accordance with the requirements of this Lease prior to the applicable Estimated Commencement Date; provided, however, that in the event Landlord elects, in its sole and absolute discretion, to deliver the Must Take Premises prior to January 1, 2009, such early deliver shall not result in the Must Take Commencement Date occurring prior to such date unless Tenant, in its sole discretion, elects to accept delivery of the Must Take Premises for commencement of Tenant’s business operations therein prior to such date.
Delay in Commencement DateIn the event Landlord is unable to tender possession of the Leased Premises to Tenant on the Scheduled Commencement Date, for whatever reason, Landlord shall not be liable for any loss or damage occasioned thereby and the validity of this Lease shall not be impaired, but Tenant shall have no obligation to pay Basic Rent or Additional Rent until the Commencement Date.
Delay in Commencement DateIn the event Landlord shall be unable, for any reason, to deliver possession of the Leased Premises to Tenant on or before March 1, 2002, Landlord shall not be liable for any loss or damage occasioned thereby, nor shall such inability affect the validity of this Lease or the obligations of Tenant. In such event, the Commencement Date shall be extended for one (1) day for each one (1) day of such delay.