Delay in Commencement Date. In 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 5 business days following the date on which the Premises is Ready for Occupancy.
Delay in Commencement Date. If the Commencement Date does not occur on May 1, 2023 (as extended only due to the failure of the County to complete its Transition Period responsibilities set forth in Section 6.3), the Company shall pay the County delay damages in the amount of five thousand dollars ($5,000) per day for each day of such delay. The County may invoice the Company for such damages on a weekly basis, and such invoices will be due and payable by the Company within ten days following receipt of the invoice. Failure of the Company to have completed its Transition Period responsibilities by April 1, 2023 shall constitute an Event of Default as set forth in Section 14.2.
Delay in Commencement Date. If the Commencement Date does not occur on (as extended only due to the failure of the County to complete its Transition Period responsibilities set forth in Section 6.3), the Company shall pay the County delay damages in the amount of five thousand dollars ($5,000) per day for each day of such delay. The County may invoice the Company for such damages on a weekly basis, and such invoices will be due and payable by the Company within ten days following receipt of the invoice. Failure of the Company to have completed its Transition Period responsibilities by an Event of Default as set forth in Section 14.2. shall constitute PERMITTING RESPONSIBILITIES
Delay in Commencement Date. Notwithstanding any of the foregoing, if the Commencement Date does not occur on or before December 31, 2014, for any reason other than due to delays caused by Subtenant (including, without limitation, delays in the Commencement Date arising from Subtenant’s failure to timely execute and deliver the Landlord Consent), Subtenant shall have the right to terminate this Sublease upon delivering written notice to Sublandlord at any time prior to the Commencement Date, and, in such event, Sublandlord shall refund any monies previously tendered by Subtenant within thirty (30) days of receipt of such notice, this Sublease shall immediately terminate, and neither party shall have any further rights or obligations under this Sublease. For the sake of clarity, Subtenant’s sole and exclusive remedy for any delay in the Commencement Date (irrespective of the cause of delay) shall be termination of this Sublease and refund of all monies previously tendered by Subtenant.
Delay in Commencement Date. Notwithstanding any of the foregoing, if the Commencement Date does not occur on or before October 1, 2006 for any reason other than due to delays caused by Subtenant (including, without limitation, delays in the Commencement Date arising from Subtenant’s failure to timely execute and deliver the Consent), Subtenant shall have the right to terminate this Sublease upon delivering written notice to Sublandlord at any time prior to the Commencement Date, and, in such event, Sublandlord shall promptly refund any monies previously tendered by Subtenant, this Sublease shall immediately terminate and neither party shall have any further rights or obligations under this Sublease.
