Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. 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 such failure is due to any of the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, including but not 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 Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure to give possession on the Commencement Date shall affect the validity of this Lease or the obligation of the Tenant under this Lease. At the option of Landlord, to be exercised within thirty (30) days of the Commencement Date, 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 due to special work, changes, alterations or additions required or made by Tenant in the layout or finish of the Rented Space or any part thereof; (iii) the delay is caused in whole or in part by the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise; or (iv) the delay is caused in whole or in part by delay and/or default on the part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Rented Space are ready for Xxxxxx's occupancy, the decision of the Landlord's architect shall be final and binding on the parties.

Delay in Commencement. 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 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 is due to any of the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, including but not 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 Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure to give possession on the Commencement Date shall affect the validity of this Lease or the obligation 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 Tenant under 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. At If Lessee occupies the option of Landlord, Premises prior to be exercised within thirty (30) days of the Commencement Date, 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 such occupancy shall be due subject to special workall provisions hereof; such occupancy shall not advance the Expiration Date, changesand Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, alterations or additions required or made by Tenant in the layout or finish reason of the Rented Space or any part thereof; (iii) the delay is caused in whole or in part by the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations 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 (iv10) the delay is caused in whole or in part by delay and/or default on the part of Tenant and/or its subtenant or subtenantsdays thereafter, cancel this Lease. In the event of any dispute Lessor is required to improve the Premises as described on Exhibit “B” attached hereto, Xxxxxx agrees to whether use reasonable diligence to have the Rented Space are Premises ready for Xxxxxx's occupancy, occupancy on or before the decision of the Landlord's architect shall be final and binding on the partiesCommencement Date.

Delay in Commencement. Tenant agrees that in the event of the inability of Landlord for any reason to deliver possession of the Premises to Tenant on the commencement date set forth in Paragraph 2.1, Landlord shall not be liable to Tenant or for any third party for failure to deliver possession of the Rented Space to Tenant on or before the Commencement Date, if damage thereby nor shall such failure is due to any of the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, including but not 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 Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure to give possession on the Commencement Date shall inability affect the validity of this Lease or the obligation obligations of Tenant hereunder, but in such case 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 to Tenant. In the event Landlord shall not have delivered possession of the Premises within sixty (60) days from the scheduled commencement date, then Tenant under this Lease. At the option of Landlordat its option, to be exercised within thirty (30) days after the end of said sixty (60) day period, may terminate this Lease and, upon Landlord's return of any monies previously deposited by Tenant, the parties shall have no further rights or liabilities toward each other. If 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 Commencement Date, the Lease may be amended so that the Term is extended by the period of time possession by Tenant is delayed. The Rented Space Premises shall not be deemed to be unready for a waiver of Tenant's occupancy or incomplete if: (i) only minor or insubstantial details of right to have defects in materials, design, construction, decoration or mechanical adjustment remain and equipment repaired at Landlord's expense. Tenant shall give notice to be done in the Rented Space or Landlord whenever any part such defects become reasonably apparent, and Landlord shall repair such defects as soon as practicable. Effective upon completion of the Rented Space; (ii) Premises, Landlord hereby warrants that the delay in the availability construction of the Rented Space for occupancy shall be due Tenant Improvements and Building was performed in accordance with the plans therefor, in a good and workmanlike manner, and that all materials and equipment furnished conform to special work, changes, alterations or additions required or made by Tenant in the layout or finish said plans and are otherwise of the Rented Space or any part thereof; (iii) the delay is caused in whole or in part by the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise; or (iv) the delay is caused in whole or in part by delay and/or default on the part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Rented Space are ready for Xxxxxx's occupancy, the decision of the Landlord's architect shall be final and binding on the partiesgood quality.

Delay in Commencement. Landlord shall not be liable to Tenant if Landlord does not deliver possession of the Premises to Tenant on the Commencement Date or if Landlord is not able to permit Tenant to enter the Premises (as a result of Landlord's failure to acquire the Premises from 3COM Corporation, a Delaware corporation, as successor-by-merger to U.S. Robotics Inc., a Delaware corporation ("Seller"), the performance of any third party remediation, removal or environmental clean up activities or for failure any other reason) prior to the Commencement Date as provided in Section 25.17 hereof for the limited purposes described therein. The obligations of Tenant under the Lease shall not thereby be affected, except that the Commencement Date shall be delayed until Landlord delivers possession of the Premises to Tenant, and the Lease Term shall be extended by a period equal to the number of days of delay in delivery of possession of the Premises to Tenant, plus the number of days necessary to end the Lease Term on the last day of a month. Notwithstanding the foregoing, if Landlord fails to deliver possession of the Rented Space Premises to Tenant on or before the Commencement Dateby July 15, if such failure is due to any 1998 (whether as a result of the following: (i) labor disputes and/or material shortages; (ii) force majeure failure to acquire the Premises or acts of Godotherwise), including but not limited to abnormal weather conditions; (iii) Tenant shall have the hold over or retention of possession of any other tenantright, tenantsas its sole remedy hereunder, at law, or occupants; or in equity, to terminate this Lease by delivery of written notice to Landlord not later than five (iv5) any other circumstances beyond Landlord's reasonable controlbusiness days hereafter. Under such circumstances, Tenant acknowledges and agrees that Landlord intends to perform a Phase II environmental site assessment at the Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure Premises prior to give possession on the Commencement Date (the "Assessment"). If the performance of any cleanup, remediation or removal activities recommended by the Assessment ("Clean Up Activities") at the Premises by Landlord unreasonably disturbs (or prevents) Tenant's use and occupancy of the Premises, Tenant shall affect have the validity of right, as its sole remedy hereunder, at law or in equity, to terminate this Lease or by delivery of written notice to Landlord not later than five (5) business days after the obligation commencement of the Tenant under this Lease. At the option of LandlordClean Up Activities, to be exercised within thirty (30) days of the Commencement Dateprovided, the Lease may be amended so however, that the Term is extended foregoing provision shall in no event apply to any cleanup, remediation of removal activities not recommended 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 due to special work, changes, alterations or additions required or made by Tenant in the layout or finish of the Rented Space or any part thereof; (iii) the delay is caused in whole or in part by the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise; or (iv) the delay is caused in whole or in part by delay and/or default on the part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Rented Space are ready for Xxxxxx's occupancy, the decision of the Landlord's architect shall be final and binding on the partiesAssessment.

Delay in Commencement. 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 Notwithstanding the Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shall not be subject to any liability therefore, nor shall such failure is due to any of the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, including but not 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 Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure to give possession on the Commencement Date shall affect the validity of this Lease or the obligation 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 Tenant under 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. At If Lessee occupies the option of Landlord, Premises prior to be exercised within thirty (30) days of the Commencement Date, 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 such occupancy shall be due subject to special workall provisions hereof; such occupancy shall not advance the Expiration Date, changesand Lessee shall pay rent from its date of occupancy at the initial monthly rates set forth below. If Lessor, alterations or additions required or made by Tenant in the layout or finish reason of the Rented Space or any part thereof; (iii) the delay is caused in whole or in part by the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations 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 (iv10) the delay is caused in whole or in part by delay and/or default on the part of Tenant and/or its subtenant or subtenantsdays thereafter, cancel this Lease. In the event of any dispute Lessor is required to improve the Premises as described on EXHIBIT "B" attached hereto, Xxxxxx agrees to whether use reasonable diligence to have the Rented Space are Premises ready for Xxxxxx's occupancy, occupancy on or before the decision of the Landlord's architect shall be final and binding on the partiesCommencement Date.

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 liable subject to Tenant or any third party for failure to deliver possession of the Rented Space to Tenant on or before the Commencement Dateliability therefore, if nor shall such failure is due to any of the following: (i) labor disputes and/or material shortages; (ii) force majeure or acts of God, including but not 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 Base Rent shall be abated until the Rented Space is available for occupancy by Xxxxxx, and no such failure to give possession on the Commencement Date shall affect the validity of this Lease or the obligation obligations of Tenant hereunder or extend the term hereof, but in such case Tenant under this Lease. At the option of Landlord, to be exercised within thirty (30) days of the Commencement Date, 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 obligated to pay rent until possession of the Premises is tendered to Tenant. If the actual term commencement date be unready for 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 one hundred twenty (120) sixty (60) days from said commencement date, Tenant may, at Tenant's occupancy or incomplete if: option, by notice in writing to Landlord within ten (10) days thereafter, AT ANY TIME THEREAFTER BUT PRIOR TO THE ACTUAL ---------------------------------------------- DELIVERY OF POSSESSION, 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 obligations hereunder. 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) only minor any act of God or insubstantial details of constructionthe elements, 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 shortage or unavailability of the Rented Space for occupancy shall be due to special worknecessary materials, changessupplies, alterations or additions required or made by Tenant in the layout or finish of the Rented Space or any part thereof; labor, (iii) the delay is caused shortage of or interruption in whole transportation or in part by the delay of Tenant in submitting plansfacilities, supplying information, approving plans, specifications or estimates, giving authorizations or otherwise; or (iv) the delay is caused in whole regulations or in part by delay and/or default on the part of Tenant and/or its subtenant restrictions, or subtenants. In the event of (v) any dispute as to whether the Rented Space are ready for Xxxxxx's occupancy, the decision of the other cause beyond Landlord's architect shall be final and binding reasonable control unless such delay exceeds one year from said commencement date, then either party may cancel on written notice to the partiesother prior to delivery of possession.