Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereof, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If Landlord shall not have delivered possession of the Premises within ninety (90) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this Lease. If either party cancels as hereinabove provided, Landlord shall return any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbefore.

Appears in 1 contract

Sources: Industrial Lease (Healthcentral Com)

Delay in Commencement. Notwithstanding said commencement dateIf Landlord, if due to delay in construction of the Existing Premises or for any other reason Landlord cannot whatsoever is unable to deliver possession of the Existing Premises to Tenant on said datethe Commencement Date, this Lease shall remain in full force and effect, but the Commencement Date shall be postponed for such period of time as may be requisite until Landlord shall not be subject to any liability thereof, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If Landlord shall not have delivered possession of the Existing Premises within ninety (90) days from said commencement dateto Tenant. In such event, Landlord and Tenant may, at Tenant's option, by notice shall confirm in writing to Landlord within ten (10) days thereafter, cancel the actual Commencement Date and Termination Date of this Lease. If Notwithstanding the above, if Landlord shall have failed to deliver possession of the Existing Premises by April 1, 1997, Landlord, and Tenant provided Tenant is in compliance with its obligations hereunder shall have the right by written notice to the other at any time until the possession of the Existing Premises has been delivered to Tenant, to terminate this Lease. Furthermore, in the event that the Expansion shall not have been delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafterby Landlord by June 30, cancel this Lease. If either party cancels as hereinabove provided1997, Landlord shall return in addition to and not in limitation of any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbefore.remedy available at law or

Appears in 1 contract

Sources: Lease (Denali Inc)

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In , but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If ; provided, however, that if Landlord shall not have delivered possession of the Premises within ninety (90) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this the Lease. If either party cancels as hereinabove provided, Landlord shall return any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbeforehereunder.

Appears in 1 contract

Sources: Industrial Lease (Cerprobe Corp)

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In , but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If the actual term commencement date be a date other than the scheduled term commencement date, all dates set forth in this Lease Agreement shall be adjusted accordingly. However, if Landlord shall not have delivered possession of the Premises within ninety THIRTY (9030) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this Leaselease. If either party cancels as hereinabove herein provided, Landlord shall return any monies money previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbeforehereunder.

Appears in 1 contract

Sources: Lease Agreement (Celebrate Express, Inc.)

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In , but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If ; provided, however that if Landlord shall not have delivered possession of the Premises within ninety sixty (9060) days from said commencement date, Tenant tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this Lease. If either party cancels as hereinabove provided, Landlord shall return any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and which event the parties shall be discharged from all obligations hereinbeforehereunder. If Tenant occupies the Premises prior to said commencement date, such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the termination date, and the Tenant shall pay rent for such period at the initial monthly rates set forth below.

Appears in 1 contract

Sources: Lease Agreement (A-Z South State Corp)

Delay in Commencement. Notwithstanding said commencement dateCommencement Date, if for --------------------- any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereofhereunder. In However, in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant, which date shall be the new Commencement Date, and the Expiration Date shall remain unchanged. If Landlord Upon Landlord's request, the parties agree to execute in writing an Addendum to certify the Commencement Date and Expiration Date hereof, but this Lease shall not be affected in any manner if either party falls or refuses to execute such Addendum. Notwithstanding anything to the contrary contained herein, if Landlord fails to deliver possession of the premises to Tenant on or before October 1, 1998 then Tenant shall have delivered the option to terminate this Lease by giving written notice of such termination prior to Landlord's delivering possession of the Premises within ninety (90) days from said commencement dateto Tenant, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this Lease. If either party cancels as hereinabove provided, upon which Landlord shall return the Security Deposit and any monies previously deposited by prepaid rent to Tenant within fifteen (15) days without payment of interest or other increment for its useand thereafter, and neither party hereto shall have any further obligation to the parties shall be discharged from all obligations hereinbeforeother.

Appears in 1 contract

Sources: Office Lease (LML Payment Systems Inc)

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In , but in such case Tenant shall not be obligated to pay rent until possession of the Premises premises is tendered to Tenant. If ; provided, however, that if Landlord shall not have delivered possession of the Premises within ninety (90) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this the Lease. If either party cancels as hereinabove provided, Landlord shall return any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbeforehereunder.

Appears in 1 contract

Sources: Industrial Lease (Larscom Inc)

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In , but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If the actual term commencement date be a date other than the scheduled term commencement date, all dates set forth in this Lease Agreement shall be adjusted accordingly. However, if Landlord shall not have delivered possession of the Premises within ninety (90) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this Leaselease. If either party cancels as hereinabove herein provided, Landlord shall return any monies money previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbeforehereunder.

Appears in 1 contract

Sources: Lease Agreement (Optiva Corp /Wa/)

Delay in Commencement. Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on said date, Landlord shall not be subject to any liability thereoftherefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder or extend the term hereof. In , but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If the actual term commencement date be a date other than the scheduled term commencement date, all dates set forth in this Lease Agreement shall be adjusted accordingly. However, if Landlord shall not have delivered possession of the Premises within ninety one hundred twenty (90120) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in writing to the Tenant within ten (10) days thereafter, cancel this Leaselease. If either party cancels as hereinabove herein provided, Landlord shall return any monies money previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbeforehereunder. In no event, however, shall Tenant have the right to cancel this Lease because of any delay in delivering possession of the Premises as the result of (i) any act of God or the elements, (ii) shortage or unavailability of necessary materials, supplies, or labor, (iii) shortage of or interruption in transportation or facilities, (iv) regulations or restrictions, or (v) any other cause beyond Landlord's reasonable control unless such delay exceeds one year from said commencement date, then either party may cancel on written notice to the other prior to delivery of possession.

Appears in 1 contract

Sources: Lease Agreement (Celebrate Express, Inc.)

Delay in Commencement. Notwithstanding said commencement date, if If for any reason Landlord cannot deliver possession of the Premises to Tenant on said datethe Commencement Date, Landlord shall not be subject to any liability thereoffor such failure, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder under this Lease, or extend the term hereof. In of this Lease, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant. If ; provided, however, that if Landlord shall not have delivered possession of the Premises within ninety (90) 90 days from said commencement datethe Commencement Date, Tenant may, at Tenant's option, by notice in writing to Landlord within following ten (10) days thereafterafter such notice, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said the commencement dateDate, Landlord may, by notice in writing to the Tenant within following ten (10) days thereafterafter such notice, cancel this the Lease. If either party cancels as hereinabove providedset forth in this Article 3.2, Landlord shall return any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all obligations hereinbeforeunder this Lease.

Appears in 1 contract

Sources: Gross Lease Agreement (Us Global Aerospace Inc)