Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Xxxxxx on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within sixty (60) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by reason of force majeure or otherwise, cannot deliver the Premises within ninety (90) days from the Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve the Premises as described on Exhibit “B” attached hereto, Xxxxxx agrees to use reasonable diligence to have the Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding Landlord shall not be liable to Tenant or any third party for failure to deliver possession of the Rented Space to Tenant on or before the Commencement Date, if for such failure is due to any reason Lessor canof the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, including but not deliver limited to abnormal weather conditions; (iii) the hold over or retention of possession of any other tenant, tenants, or occupants; or (iv) any other circumstances beyond Landlord's reasonable control. Under such circumstances, the Premises to Xxxxxx on said dateBase Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, Lessor shall not be subject to any liability therefor, nor shall and no such failure to give possession on the Commencement Date shall affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent until possession obligation of the Premises is tendered Tenant under this Lease. At the option of Landlord, to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises be exercised within sixty thirty (6030) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such the Lease may be amended so that the Term is extended by the period of time possession by Tenant is delayed. The Rented Space shall not be deemed to be unready for Tenant's occupancy or incomplete if: (i) only minor or insubstantial details of construction, decoration or mechanical adjustment remain to be done in the Rented Space or any part of the Rented Space; (ii) the delay in the availability of the Rented Space for occupancy shall be subject due to all provisions hereofspecial work, changes, alterations or additions required or made by Tenant in the layout or finish of the Rented Space or any part thereof; such occupancy shall not advance (iii) the Expiration Datedelay is caused in whole or in part by the delay of Tenant in submitting plans, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessorsupplying information, by reason of force majeure approving plans, specifications or estimates, giving authorizations or otherwise, cannot deliver ; or (iv) the Premises within ninety (90) days from delay is caused in whole or in part by delay and/or default on the Commencement Date, Lessor part of Tenant and/or its subtenant or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Leasesubtenants. In the event Lessor is required of any dispute as to improve whether the Premises as described on Exhibit “B” attached hereto, Xxxxxx agrees to use reasonable diligence to have the Premises Rented Space are ready for occupancy Xxxxxx's occupancy, the decision of the Landlord's architect shall be final and binding on or before the Commencement Dateparties.

Delay in Commencement. Notwithstanding Tenant agrees that in the Commencement Date, if event of the inability of Landlord for any reason Lessor cannot to deliver possession of the Premises to Xxxxxx Tenant on said datethe commencement date set forth in Paragraph 2.1, Lessor Landlord shall not be subject to liable for any liability therefor, damage thereby nor shall such failure inability affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereofTenant hereunder, but in such case Lessee Tenant shall not be obligated to pay rent or other monetary sums until (i) Landlord has substantially completed the "Tenant Improvements" (as defined in Exhibit C) in accordance with the approved plans therefor and there remain no uncompleted items that would adversely affect Tenant's use of the Premises, and (ii) Landlord is legally able to and has delivered possession of the Premises is tendered to Lessee; provided, however, that if Lessor Tenant. In the event Landlord shall not have delivered possession of the Premises within sixty (60) days from the Commencement Date and such delay is absent of force majeure or otherwisescheduled commencement date, Lessee may, then Tenant at Lessee’s its option, by notice in writing to Lessor be exercised within ten thirty (1030) days thereafterafter the end of said sixty (60) day period, cancel may terminate this LeaseLease and, in which event upon Landlord's return of any monies previously deposited by Tenant, the parties shall be discharged from all obligations hereunderhave no further rights or liabilities toward each other. If Lessee occupies Tenant elects to terminate the Lease pursuant to this paragraph, Landlord shall refund to Tenant all prepaid rent, and other monies paid by Tenant under the Lease, and neither party shall bear any further rights or obligations under the Lease. Tenant shall be under no obligation to make any rental payments hereunder until Landlord has complied with items (i) and (ii) above. Notwithstanding anything to the contrary in the Lease, acceptance of the Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Datebe deemed a waiver of Tenant's right to have defects in materials, design, construction, and Lessee equipment repaired at Landlord's expense. Tenant shall pay rent from its date give notice to Landlord whenever any such defects become reasonably apparent, and Landlord shall repair such defects as soon as practicable. Effective upon completion of occupancy at the initial monthly rates set forth below. If LessorPremises, by reason Landlord hereby warrants that the construction of force majeure or otherwisethe Tenant Improvements and Building was performed in accordance with the plans therefor, cannot deliver the Premises within ninety (90) days from the Commencement Datein a good and workmanlike manner, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required and that all materials and equipment furnished conform to improve the Premises as described on Exhibit “B” attached hereto, Xxxxxx agrees to use reasonable diligence to have the Premises ready for occupancy on or before the Commencement Datesaid plans and are otherwise of good quality.

Delay in Commencement. Notwithstanding the Commencement Datesaid commencement date, --------------------- if for any reason Lessor Landlord cannot deliver possession of the Premises to Xxxxxx Tenant on said date, Lessor Landlord shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease or the obligations of Lessee Tenant hereunder or extend the Term term hereof, but in such case Lessee Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; providedTenant. If the actual term commencement date be a date other than the scheduled term commencement date, howeverall dates set forth in this Lease Agreement shall be adjusted accordingly. However, that if Lessor Landlord shall not have delivered possession of the Premises within one hundred twenty (120) sixty (60) days from the Commencement Date and such delay is absent of force majeure or otherwisesaid commencement date, Lessee Tenant may, at Lessee’s Tenant's option, by notice in writing to Lessor Landlord within ten (10) days thereafter, AT ANY TIME THEREAFTER BUT PRIOR TO THE ACTUAL ---------------------------------------------- DELIVERY OF POSSESSION, cancel this Leaselease. If either party cancels as herein ----------------------- provided, in which event Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all obligations hereunder. If Lessee occupies In no event, however, shall Tenant have the Premises prior right to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by reason of force majeure or otherwise, cannot deliver the Premises within ninety (90) days from the Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve Lease because of any delay in delivering possession of the Premises as described 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 Exhibit “B” attached hereto, Xxxxxx agrees written notice to use reasonable diligence the other prior to have the Premises ready for occupancy on or before the Commencement Datedelivery of possession.

Delay in Commencement. Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Xxxxxx Lessee on said date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the Term hereof, but in such case Lessee shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered possession of the Premises within sixty (60) days from the Commencement Date and such delay is absent of force majeure or otherwise, Lessee may, at Lessee’s 's option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder. If Lessee occupies the Premises prior to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by reason of force majeure or otherwise, cannot deliver the Premises within ninety (90) days from the Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve the Premises as described on Exhibit “EXHIBIT "B” " attached hereto, Xxxxxx agrees to use reasonable diligence to have the Premises ready for occupancy on or before the Commencement Date.

Delay in Commencement. Notwithstanding the Commencement Datesaid commencement date, if for any reason Lessor Landlord cannot deliver possession of the Premises to Xxxxxx Tenant on said date, Lessor Landlord shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease or the obligations of Lessee Tenant hereunder or extend the Term term hereof, but in such case Lessee Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Lessee; providedTenant. If the actual term commencement date be a date other than the scheduled term commencement date, howeverall dates set forth in this Lease Agreement shall be adjusted accordingly. However, that if Lessor Landlord shall not have delivered possession of the Premises within sixty one hundred twenty (60120) days from the Commencement Date and such delay is absent of force majeure or otherwisesaid commencement date, Lessee Tenant may, at Lessee’s Tenant's option, by notice in writing to Lessor Landlord within ten (10) days thereafter, cancel this Leaselease. If either party cancels as herein provided, in which event Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all obligations hereunder. If Lessee occupies In no event, however, shall Tenant have the Premises prior right to the Commencement Date, such occupancy shall be subject to all provisions hereof; such occupancy shall not advance the Expiration Date, and Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, by reason of force majeure or otherwise, cannot deliver the Premises within ninety (90) days from the Commencement Date, Lessor or Lessee may, at their respective options, by notice in writing within ten (10) days thereafter, cancel this Lease. In the event Lessor is required to improve Lease because of any delay in delivering possession of the Premises as described 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 Exhibit “B” attached hereto, Xxxxxx agrees written notice to use reasonable diligence the other prior to have the Premises ready for occupancy on or before the Commencement Datedelivery of possession.