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 therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder. 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. 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 the option to terminate this Lease by giving written notice of such termination prior to Landlord's delivering possession of the Premises to Tenant, upon which Landlord shall return the Security Deposit and any prepaid rent to Tenant and thereafter, neither party hereto shall have any further obligation to the other.

Delay in Commencement. Notwithstanding said Commencement Date, if Tenant agrees that in the event of the inability of Landlord for --------------------- any reason Landlord cannot to deliver possession of the Premises to Tenant on said datethe Commencement Date as extended by the period of any Tenant Delays (as defined in Exhibit B), Landlord shall not be subject to liable for any liability therefordamage thereby except as expressly stated else where in this Lease, nor shall such failure inability affect the validity of this Lease or the obligations of Tenant hereunder. However, but in such case Tenant shall not be obligated to pay rent or other monetary sums until possession of the Premises is tendered to Tenant, which ; provided that if the delay in delivery of possession exceeds thirty (30) days; then the expiration date of the term of the lease shall be extended by the new Commencement Date, and period of time computed from the Expiration Date shall remain unchanged. Upon Landlord's request, the parties agree to execute in writing an Addendum to certify the scheduled Commencement Date and Expiration Date hereof, but this Lease to the date possession is tendered by Landlord. In the event Landlord 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 the option to terminate this Lease by giving written notice of such termination prior to Landlord's delivering delivered possession of the Premises by February 1, 1999, as extended by the period of any Tenant Delays (the "Deadline"), then Tenant at its option to be exercised within sixty (60) days after the Deadline may terminate this Lease and upon Landlord's return of any monies previously deposited by Tenant, upon which Landlord shall return the Security Deposit and any prepaid rent to Tenant and thereafter, neither party hereto parties shall have any no further obligation rights or liabilities toward each other. 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 othertermination date, and Tenant shall pay rent for such period at the initial monthly rates as set forth below.

Delay in Commencement. Notwithstanding said Commencement Date, if for --------------------- any reason Landlord cannot may deliver possession of the Premises to Tenant prior to, on said date, Landlord shall not be subject to any liability therefor, nor shall such failure affect or after the validity of this Lease or the obligations of Tenant hereunder. However, target Commencement Date specified in such case Tenant shall not be obligated to pay rent until possession Item 3.3 of the Premises is tendered to TenantBasic Lease Provisions; provided, which date shall be however, that in the new Commencement Date, and the Expiration Date shall remain unchanged. Upon Landlord's request, the parties agree to execute in writing an Addendum to certify event the Commencement Date and Expiration is delayed or otherwise does not occur on the target Commencement Date hereof, but this Lease shall not be affected void or voidable (except as set forth below in this Section 2.3), the Term of this Lease shall not be extended, and Landlord shall not be liable to Tenant for any manner if either party falls loss or refuses to execute damage resulting therefrom. In the event that the Substantial Completion of the Tenant Improvements in the Premises has not occurred by the "Outside Date," which shall be February 15, 2012, as such Addendum. Notwithstanding anything to February 15, 2012 date may be extended by the contrary contained hereinnumber of days of Tenant Delays (as defined in the Work Letter) and by the number of days of Force Majeure Delays (as defined in Section 30.5 below), if Landlord fails then the sole remedy of Tenant shall be the right to deliver possession of a notice to Landlord (the premises to Tenant on or before October 1, 1998 then Tenant shall have the option "Outside Date Termination Notice") electing to terminate this Lease and receive a refund of any and all amounts paid by giving written notice of such termination prior Tenant to Landlord's delivering possession , including but not limited to any and all prepayments of Base Rent, Additional Rent and/or Security Deposit, effective upon receipt of the Premises Outside Date Termination Notice by Landlord (the "Effective Date"). Except as provided hereinbelow, the Outside Date Termination Notice must be delivered by Tenant to TenantLandlord, upon which Landlord shall return if at all, not earlier than the Security Deposit Outside Date and any prepaid rent to Tenant and thereafter, neither party hereto shall have any further obligation to not later than ten (10) business days after the otherOutside Date.

Delay in Commencement. Notwithstanding said Despite the stated Commencement Date, the Landlord shall not be liable to Tenant and this Lease (including the stated Termination Date) and the Tenant obligations under this Lease shall be unaffected if for --------------------- any reason Landlord candoes not deliver possession of the Premises to Tenant on said datethe Commencement Date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder. However, but in such case Tenant shall not be obligated have no obligation 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. 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 the option to terminate this Lease by giving written notice of such termination prior to Landlord's delivering delivers possession of the Premises to Tenant. If Landlord has not delivered possession to the Premises to Tenant, upon which Tenant may elect by written notice to Landlord cancel this Lease. If the Landlord shall not have delivered possession of the Premises within one (1) year from the Commencement Date, Landlord may by notice in writing to Tenant cancel this Lease. If either party elects to so cancel the Lease, Landlord shall return the Security Deposit and any prepaid rent to money previously deposited by Tenant and thereafterthe parties shall be discharged from all obligations hereunder. In no event, neither party hereto however, shall Tenant have the right to cancel this Lease because of any further obligation to delay in delivering possession of the otherPremises because of any act of God or the elements; shortage or unavailability of necessary materials, supplies, or labor; shortage of or interruption on transportation of facilities; regulations or restriction; or any other cause beyond Landlord's reasonable control. In the event delivery of possession of the Premises is delayed beyond the stated Commencement Date, the stated Commencement Date and the stated Termination Date each shall be extended by the number of days of such delay.

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 therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder. Howeverhereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is tendered to Tenant; provided, which date shall be the new Commencement Datehowever, and the Expiration Date shall remain unchanged. 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 that if Landlord 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 the option to terminate this Lease by giving written notice of such termination prior to Landlord's delivering delivered possession of the Premises within ninety (90) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to TenantLandlord within ten (10) days thereafter, upon which 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 the Lease. If either party cancels as hereinabove provided, Landlord shall return the Security Deposit and any prepaid rent to monies previously deposited by Tenant and thereafter, neither party hereto the parties shall have any further obligation to the otherbe discharged from all obligations hereunder.

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 therefor, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder. Howeverhereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises premises is tendered to Tenant; provided, which date shall be the new Commencement Datehowever, and the Expiration Date shall remain unchanged. 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 that if Landlord 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 the option to terminate this Lease by giving written notice of such termination prior to Landlord's delivering delivered possession of the Premises within ninety (90) days from said commencement date, Tenant may, at Tenant's option, by notice in writing to TenantLandlord within ten (10) days thereafter, upon which 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 (10) days thereafter, cancel the Lease. If either party cancels as hereinabove provided, Landlord shall return the Security Deposit and any prepaid rent to monies previously deposited by Tenant and thereafter, neither party hereto the parties shall have any further obligation to the otherbe discharged from all obligations hereunder.

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 therefortherefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder. Howeverhereunder or extend the term hereof, 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, which date all dates set forth in this Lease Agreement shall be the new Commencement Date, and the Expiration Date shall remain unchangedadjusted accordingly. 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 hereinHowever, if Landlord fails to deliver shall not have delivered possession of the premises Premises within one hundred twenty (120) 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 either party cancels as herein provided, Landlord shall return any money previously deposited by Tenant on or before October 1and the parties shall be discharged from all obligations hereunder. In no event, 1998 then however, shall Tenant shall have the option right to terminate cancel this Lease by giving written notice because of such termination prior to Landlord's any delay in delivering possession of the Premises to Tenantas the result of (i) any act of God or the elements, upon which Landlord shall return the Security Deposit and (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 prepaid rent to Tenant and thereafterother cause beyond Landlord's reasonable control unless such delay exceeds one year from said commencement date, neither then either party hereto shall have any further obligation may cancel on written notice to the otherother prior to delivery of possession.