Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord's agents, advisors, employees, partners, shareholders, directors, invitees or independent contractors (collectively, "LANDLORD'S AGENTS"), be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The Expiration Date shall be extended by the same number of days that Tenant's possession of the Premises was delayed beyond the Estimated Commencement Date.
Delay in Delivering Possession. This lease agreement shall not be rendered void or voidable by the inability of lessor to deliver possession to lessee on the date set forth in Section Two. Lessor shall not be liable to lessee for any loss or damage suffered by reason of such a delay; provided, however, that lessor does deliver possession no later than January 1, 2008. In the event of a delay in delivering possession, the rent for the period of such delay will be deducted from the total rent due under this lease agreement. No extension of this lease agreement shall result from a delay in delivering possession.
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Delivery Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s Investment Advisors (as hereinafter defined) (collectively, “Landlord’s Agents”), be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the preceding sentence, if Landlord does not deliver possession of the Premises to Tenant by May 1, 2010, then Tenant shall be entitled to one day of free Base Rent and Additional Rent for each day that the Premises is not available after May 1, 2010. Additionally, if Landlord can not deliver possession of the Premises to Tenant by May 1, 2010, then Tenant shall have the option to terminate this Lease by written notice to Landlord within ten (10) days thereafter, unless Landlord delivers possession of the Premises to Tenant prior to the expiration of such ten (10) day period, and, upon any such termination, all deposits and prepayments shall be refunded. If Landlord has been unable, despite its commercially reasonable efforts, to deliver possession of the Premises to Tenant by July 1, 2010, then Landlord shall have the option to terminate this Lease by written notice to Tenant, and, upon any such termination, all deposits and prepayments shall be refunded.] The aforesaid right of free and termination rent shall be the sole remedies available to Tenant as a result of Landlord’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(b). The Expiration Date shall be extended by the same number of days that Tenant’s possession of the Premises was delayed beyond the Estimated Delivery Date.
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant at the commencement of the Term, this Lease shall not be void or voidable, nor shall Landlord, or Landlord's agents, be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The expiration date of the Term shall be extended by the same number of days that Tenant's possession of the Premises was delayed.
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable except as expressly provided in Paragraph 3 above, and neither Landlord nor Landlord’s agents, advisors, employees, partners, members, shareholders, directors, invitees, independent contractors (collectively, the “Landlord Parties”), shall be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The Expiration Date shall be extended by the same number of days that Tenant’s possession of the Premises was delayed beyond the Estimated Commencement Date.
Delay in Delivering Possession. If there is a holding over or retention of possession of the Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord shall otherwise be unable to deliver possession of the Premises due to causes beyond its reasonable control, then Landlord shall not be subject to any liability (except as otherwise set forth in this Section 2.3 and in Section 2.10) for the failure or delay in giving possession; but Annual Fixed Rent and additional rent shall be proportionately abated based on the area not delivered until the same is available for occupancy by Tenant. In addition, provided and on the condition that Tenant delivers to Landlord (together, the “Tenant Deadlines”) (a) its Design Development Plans for the Premises by not later than August 25, 2006, (b) its Construction Documents for the Premises by not later than September 29, 2006, and (c) the approval of Landlord’s Cost Proposal by November 15, 2006 (provided that, to the extent Tenant is late in meeting the Tenant Deadlines, each of the deadline dates for Landlord set forth in this Section shall be extended on a day-for-day basis until such time as Tenant meets the Tenant Deadlines), and subject to excusable delay (as provided in Section 8.4) and Tenant Delay (as defined in Appendix D), if the Lease Commencement Date does not occur by April 22, 2007, then, in addition to the proportionate abatement of the Annual Fixed Rent and additional rent, Tenant shall be entitled to: (A) one (1) additional day of free rent for each day thereafter until the earlier of June 22, 2007 or the Lease Commencement Date, and (B) if the Lease Commencement Date has not occurred prior to June 22, 2007, two (2) additional days of free rent for each day thereafter until the earlier of October 22, 2007 and the Lease Commencement Date. Notwithstanding the foregoing, in the event that Landlord has not delivered possession of the Premises on or before October 22, 2007 (“Outside Date”), subject to Tenant Delay, then Tenant shall have the right to terminate this Lease by written notice to Landlord at any time after the Outside Date and before the Lease Commencement Date (provided that if the Lease Commencement Date occurs within thirty (30) days following such notice, then Tenant’s termination right shall be deemed rescinded and this Lease shall continue as if no such termination had occurred). Except as set forth in Section 2.10 hereof, the foregoing abatement and termination rights shall be Tenant’s sole remedies ...
Delay in Delivering Possession. If Landlord fails to (i) to substantially complete any improvements to the Premises required to be performed under Exhibit C hereto, or (ii) to deliver possession of the Premises for any other reason, then Landlord shall not be liable for any damage .caused .thereby, nor shall this Lease become void or voidable or the Lease term be extended, but in such event, no rent shall be payable by Tenant to Landlord until Landlord delivers possession of the Premises to Tenant.
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable (except as otherwise expressly provided in Paragraph 8(c) and (d) below), nor shall Landlord, or Landlord's agents, advisors, employees, partners, shareholders, directors, invitees or independent contractors (collectively, "LANDLORD'S AGENTS"), be liable to Tenant for any loss or damage resulting therefrom. Subject to Paragraph D OF EXHIBIT B, Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The Expiration Date shall be extended by the same number of days that Tenant's possession of the Premises was delayed beyond the Estimated Commencement Date.
Delay in Delivering Possession. Landlord shall endeavor in good faith to deliver the Premises by the Estimated Initial Term Commencement Date, subject always to Section 8.
Delay in Delivering Possession. This Lease shall not be rendered void or voidable by LESSOR’S inability to deliver possession to LESSEE at the beginning of the lease term, nor shall such inability to deliver render LESSOR liable to LESSEE for loss or damage suffered thereby. If LESSOR cannot deliver the premises at such time, the rent for the period between the beginning of the term and the time when LESSOR can deliver possession will be deducted from the total rent of the Lease. No extension of the Lease shall result from a delay in delivering possession.
