Common use of Delay in Commencement Date Clause in Contracts

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. In Sublandlord shall use commercially reasonable efforts to deliver the event Landlord shall be unableSubleased Premises to Subtenant in the condition required herein by the Target Commencement Date. Notwithstanding the Target Commencement Date, if for any reason, to reason Sublandlord cannot deliver possession of the Leased Subleased Premises to Tenant on Subtenant by the Scheduled Target Commencement DateDate (despite Sublandlord’s commercially reasonable efforts), Landlord Sublandlord shall not be liable for subject to any loss or damage occasioned due to such failureliability therefor, nor shall such inability failure affect the validity of this Lease Sublease or the obligations of Tenant. In Subtenant hereunder or extend the term hereof, but in such event, Tenant case Subtenant shall not be obligated to pay Annual Basic Rent or Additional Rent rent until the Commencement Date. In later of the event Landlord Effective Date or the date that possession of the Subleased Premises is tendered to Subtenant in the condition required herein; provided, however, that if Sublandlord shall not have delivered possession of the Leased Subleased Premises in the condition required herein and obtained Landlord’s consent to Tenant within thirty this Sublease in a form acceptable to Subtenant on or before April 1, 2007 (30) days after the Scheduled Commencement Datesubject to delays beyond Sublandlord’s reasonable control, and if such which Subtenant specifically acknowledges includes Landlord’s refusal, failure or delay to deliver possession was the Consent), Rent shall xxxxx one (a1) caused solely by the fault or neglect of Landlord, and (b) day for each day Sublandlord does 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 so deliver possession of the Leased Subleased Premises in a timely mannerto Subtenant by such date, Tenant such abatement to commence on the date that Rent becomes payable under this Sublease; and further provided that if Sublandlord shall not 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 delivered possession of the Leased Subleased Premises in the condition required herein and obtained Landlord’s consent to Tenant. Upon this Sublease in a termination of form acceptable to Subtenant on or prior to [***], Subtenant may, at Subtenant’s option, by notice in writing to Sublandlord cancel this Lease pursuant to the provisions of this Article 3.4Sublease, in which event the parties shall have no further be discharged from all obligations or liabilities to the other and Landlord thereunder. If this Sublease is canceled as herein provided, Sublandlord shall promptly return any monies previously deposited by Subtenant and Subtenant shall promptly restore the Subleased Premises to the condition existing prior to any alterations or paid improvements made by TenantSubtenant pursuant to Section 2(b) hereof. *** Information has been omitted pursuant to a request for confidential treatment which has been filed separately with the Securities and Exchange Commission.

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 failurethereby, 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 six (306) days calendar months 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 six (306) day month 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. 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 failurethereby, 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 as of the Scheduled Date then the Commencement Date as defined in Article 3.2 will be extended by an equal number of days that the Leased Premises were delayed in being available to Tenant up to a maximum of Thirty (30) days after the Scheduled Commencement Datedays, 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 ’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 ’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. In addition, if the Commencement Date does not occur within twelve (12) months after the Date of this Lease as set forth in Article 1.1, other than as a result of the breach or default by Landlord. Landlord may elect, by delivering written notice to Tenant, to terminate this Lease, which termination shall be effective upon delivery of written notice of such termination by Landlord 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 liabilities, to the other and Landlord shall promptly return any monies previously deposited or paid by Tenant.

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 failurethereby, 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 6 8 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 3.40, 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. 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 failurethereby, 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 or perform any other obligations hereunder until the Commencement Date. In the event Landlord shall the Commencement Date has not have delivered possession of the Leased Premises to Tenant occurred for any reason 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 other than 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 installedDelays, then, as its sole and exclusive remedy in addition to Tenant's other rights or remedies, the date Tenant is otherwise obligated to commence payment of Rent shall be delayed by one day for Landlordeach day that the Commencement Date is delayed beyond such date, or, at Tenant's failure to deliver possession of the Leased Premises in a timely mannerelection, 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 Tenanttermination. 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. 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 failurethereby, 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 ninety (3090) 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 its contractors or agents (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 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 ninety (3090) day period. Such termination shall be effective thirty (30) days after receipt by upon delivery to Landlord of Tenant's written notice of termination. Tenant's failure to deliver the termination unless Landlord shall, prior to the expiration of notice within such thirty (30) day periodperiod shall conclusively be deemed to be Tenant's election not to terminate this Lease and this Lease shall continue in full force and effect, deliver possession subject to the additional terms of this Article 3.4. In addition, if the Commencement Date does not occur within twelve (12) months after the Date of this Lease as set forth in Article 1.1 other than as a result of the Leased Premises breach or default by Landlord, Landlord may elect, by delivering written notice to Tenant, to terminate this Lease, which termination shall be effective upon delivery of written notice of such termination by Landlord to Tenant. Upon a termination of this Lease pursuant to the provisions of this Article 3.4, 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. 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 failurethereby, 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 used 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. 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 twenty (3020) 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 twenty (3020) days after the expiration of such thirty twenty (3020) day period. Such termination shall be effective thirty twenty (3020) days after receipt by Landlord of Tenant's notice of termination unless Landlord shall, prior to the expiration of such thirty twenty (3020) 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. In the event Landlord The Commencement Date set forth in Paragraph (A) of this Article shall be unabledelayed and Base Rent shall be abated to the extent that Landlord fails: (i) to substantially complete any initial improvements to the Premises required to be performed by Landlord under any separate agreement signed by both parties, for any reason, or (ii) to deliver possession of the Leased Premises to Tenant on the Scheduled Commencement Date, Landlord shall not be liable for any loss other reason, including but not limited to, holding over by prior occupants, except to the extent that Tenant, its contractors, agents or damage occasioned employees in any way contribute to either such failures. If Landlord so fails for a ninety (90) day initial grace period, or such additional time as may be necessary due to such failurefire or other casualty, nor shall such inability affect the validity strikes, lock-outs, or other labor troubles, shortages of this Lease equipment or the obligations of Tenant. In such eventmaterials, Tenant shall not be obligated to pay Annual Basic Rent governmental requirements, power shortages 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 Dateoutages, and if such failure to deliver possession was (a) caused solely by the fault acts or neglect of Landlord, and (b) not caused by any fault or neglect omissions of Tenant or due to additional time required to plan for and install other work for Tenant Persons, or other causes 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 mannerreasonable control, 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 thereafter up until Landlord substantially completes any such improvements and delivers 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 Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom and Tenant's sole recourse with respect thereto shall be the abatement of Rent and right to terminate this Lease pursuant described above. Upon any such termination, Landlord and Tenant shall be entirely relieved of their obligations hereunder, and any Security Deposit and Rent payments shall be returned to Tenant. If The Commencement Date is delayed, the Expiration Date shall be similarly extended for the period of such delay. During any period that Tenant shall be permitted to enter the Premises prior to the Commencement Date other than to occupy the same (e.g., to perform alterations or improvements), Tenant shall comply with all terms and provisions of this Article 3.4Lease, except those provisions requiring the parties payment of Rent. If Tenant shall have no further obligations or liabilities be permitted to enter the Premises prior to the other Commencement Date for the purpose of occupying the same, Rent shall commence on such date, and if Tenant shall commence occupying only a portion of the Premises prior to the Commencement Date, Rent shall be prorated based on the number of rentable square feet occupied by Tenant. Landlord may permit early entry, provided the Premises are legally available and Landlord shall promptly return has completed any monies previously deposited work required under this Lease or paid by Tenantany separate agreement entered in connection herewith.

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 Com­mence­ment Date, Landlord shall not be liable for any loss or damage occasioned due to such failure, nor shall such inability 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 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 LandlordLand­lord'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 liabili­ties to the other and Landlord shall promptly return any monies previously deposited or paid by Tenant.