Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 3 contracts
Samples: Lease (Locust Walk Acquisition Corp.), Industrial Lease (Brooks Automation Inc), Jmar Technologies Inc
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 3 contracts
Samples: Industrial Net Lease (Mitokor), Industrial Gross Lease (Scripps Financial Corp), Industrial Net Lease (Mitokor)
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) , however, Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if . If possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date Data the last day of a calendar month, and (c) if . If Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 3 contracts
Samples: Standard Lease, Standard Lease (Sophiris Bio Inc.), Standard Lease (Sophiris Bio Inc.)
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if If possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety forty-five (9045) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 2 contracts
Samples: Mabvax Therapeutics Holdings, Inc., Mabvax Therapeutics Holdings, Inc.
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant defined in Section 1.2 on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery shall not affect the validity of this Lease nor or the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is defined in Section 1.2 not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises defined in Section 1.2 within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder. Landlord shall return the full deposit defined under Article 5, for any termination made pursuant to this Section 3.2.
Appears in 1 contract
Samples: CardioVascular BioTherapeutics, Inc.
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.. 3.3
Appears in 1 contract
Samples: Aethlon Medical Inc
Delay in Commencement. If Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reasonsaid date, Landlord shall not be subject to any liability therefor. Such nondelivery therefore, nor shall not such failure affect the validity of this Lease nor or the obligations of Tenant hereunder. However: (a) hereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is delivered tendered to Tenant. If the actual term commencement date be a date other than the scheduled term commencement date, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the all dates set forth in this Lease Term Agreement shall be extended by the total number of days that possession is so delayedadjusted accordingly. However, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has shall not have delivered possession of the Premises within ninety THIRTY (9030) days after the Commencement Datefrom said commencement date, Tenant may elect to terminate this Lease may, at Tenant's option, by delivering written notice in writing to Landlord within ten (10) days thereafter, in which event cancel this lease. If either party cancels as herein provided, Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all further obligations hereunder.
Appears in 1 contract
Delay in Commencement. If Landlord canshall not be liable to Tenant if Landlord does not deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability thereforDate. Such nondelivery shall not affect the validity of this Lease nor the The obligations of Tenant hereunder. However: (a) Tenant under the Lease shall not thereby be obligated to pay rent affected, except that the Commencement Date shall be delayed until Landlord delivers possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of and the Lease Term shall be extended by a period equal to the total number of days that of delay in delivery of possession is so delayedof the Premises to Tenant, plus the minimum number of additional days necessary to make end the Expiration Date Lease Term on the last day of a calendar month, and (c) if . If Landlord has does not delivered deliver possession of the Premises to Tenant within ninety sixty (9060) days after the Commencement Date, Tenant may elect to terminate cancel this Lease by delivering giving written notice to Landlord within ten (1010)days after the sixty (60) days thereafterday period ends. If Tenant does not give such notice, in which event Tenant's right to cancel the parties Lease shall be discharged from all further obligations hereunderconclusively and irrevocably expire and the Lease Term shall commence upon the delivery of possession of the Premises to Tenant.
Appears in 1 contract
Delay in Commencement. If Landlord cannot deliver possession of the Premises Premises, to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 1 contract
Delay in Commencement. If Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reasonsaid date, Landlord shall not be subject to any liability therefor. Such nondelivery therefore, nor shall not such failure affect the validity of this Lease nor or the obligations of Tenant hereunder. However: (a) hereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is delivered tendered to Tenant. If the actual term commencement date be a date other than the scheduled term commencement date, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the all dates set forth in this Lease Term Agreement shall be extended by the total number of days that possession is so delayedadjusted accordingly. However, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has shall not have delivered possession of the Premises within ninety (90) days after the Commencement Datefrom said commencement date, Tenant may elect to terminate this Lease may, at Tenant's option, by delivering written notice in writing to Landlord within ten (10) days thereafter, in which event cancel this lease. If either party cancels as herein provided, Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all further obligations hereunder.
Appears in 1 contract
Samples: 1 Lease Agreement (Optiva Corp /Wa/)
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: However (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within thin ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 1 contract
Samples: Sgi International
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder, provided that Landlord shall return to Tenant any security deposit and prepaid rent paid by Tenant.
Appears in 1 contract
Samples: Genetronics Biomedical Corp
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 1 .3 for any reason, Landlord shall not be subject to any liability therefor. Such nondelivery non- delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 1 contract
Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements having been Substantially Completed (as such terms are defined in Exhibit "C") on the Commencement Date specified in Section 1.3 for any reasonreason other than Tenant Delay (as defined in Exhibit "C"), Landlord shall not be subject to any liability therefor. Such nondelivery non-delivery shall not affect the validity of this Lease nor the obligations of Tenant the parties hereunder. However: (a) However Tenant shall not be obligated to pay rent until the earlier of (i) possession of the Premises is delivered to Tenant, or (bii) if possession of the Premises such delivery is not delivered to delayed in whole or in part by any Tenant within thirty (30) days of the Commencement DateDelay, the last day of the Lease Term shall be extended by the total number of days that date possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) would have been delivered if no Tenant Delay had occurred. If Landlord has not delivered possession of the Premises within ninety sixty (9060) days after the Commencement DateDate (plus any days attributable to Tenant Delays), Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.
Appears in 1 contract