Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. If for any reason Sublessor cannot deliver possession of the Premises to Sublessee on the Commencement Date, Sublessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease or the obligations of Sublessee hereunder or extend the term hereof, but in such case Sublessee shall not be obligated to pay any rent until possession of the Premises is tendered to Sublessee; provided, however, that if Sublessor shall not have delivered possession of the Premises within thirty (30) days after the Commencement Date, Sublessee may, at Sublessee's option, by notice in writing to Sublessor within ten (10) days thereafter, cancel this Sublease, in which event the parties shall be discharged from all obligations hereunder.

Appears in 3 contracts

Samples: Goldenaccess Com Inc, Goldenaccess Com Inc, Goldenaccess Com Inc

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Delay in Commencement. If Notwithstanding said commencement date, if for any reason Sublessor cannot deliver possession of the Premises to Sublessee on the Commencement Datesaid date, Sublessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease Lease or the obligations of Sublessee hereunder or extend the term hereof, but in such case Sublessee shall not be obligated to pay any rent until possession of the Premises is tendered to Sublessee; , provided, however, that if Sublessor shall not have delivered possession of the Premises within thirty sixty (3060) days after the Commencement Dateform said commencement date, Sublessee may, at Sublessee's option, by notice in writing to Sublessor within ten (10) days thereafter, cancel this Sublease, in which event the parties all deposits shall be discharged from all obligations hereunderreturned.

Appears in 1 contract

Samples: Macrovision Corp

Delay in Commencement. If for any reason Sublessor cannot deliver --------------------- possession of the Premises to Sublessee on the scheduled Commencement Date, Sublessor shall not be subject to any liability thereforon account of said failure to deliver, nor shall such failure affect the validity of this Sublease or the obligations of Sublessee hereunder or extend the term hereof, but in such case event, Sublessee shall not be obligated to pay rent or any rent additional mounts for the Premises until possession of the Premises is tendered to Sublessee; providedSublessee in the condition required hereby. Notwithstanding the foregoing, however, that if Sublessor shall cannot have delivered deliver possession of the Premises within thirty (to Sublessee by April 30) days after the Commencement Date, 1999, Sublessee may, at Sublessee's option, by may elect to terminate this Sublease upon written notice in writing to Sublessor within ten (10) days thereafterat any time prior to delivery of possession, cancel this Sublease, in which event the parties and Sublessor shall be discharged from promptly refund all obligations hereundermonies previously tendered by Sublessee.

Appears in 1 contract

Samples: Lease Agreement (Active Software Inc)

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Delay in Commencement. If Notwithstanding said commencement date, if for any reason Sublessor Sublandlord cannot deliver possession of the Premises to Sublessee Subtenant on the Commencement Datesaid date, Sublessor Sublandlord shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Sublease or the obligations of Sublessee Subtenant hereunder or extend the term hereof, but in such case Sublessee Subtenant shall not be obligated to pay any rent until possession of the Premises is tendered to SublesseeSubtenant; provided, however, that if Sublessor Sublandlord shall not have delivered possession of the Premises within thirty sixty (3060) days after the Commencement Datefrom said commencement date, Sublessee Subtenant may, at SublesseeSubtenant's option, by notice in writing to Sublessor Sublandlord within ten (10) days thereafter, cancel this Sublease, in which event the parties shall be discharged from all obligations hereunderthereunder.

Appears in 1 contract

Samples: Sublease (Concentric Network Corp)

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