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. SECTION EIGHT
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, 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. 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 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. This lease agreement shall not be rendered void or voidable by the inability of Landlord to deliver possession to Tenant on the date set forth in Section 3. Landlord shall not be liable to Tenant for any loss or damage suffered by reason of such a delay; provided, however, that Landlord does deliver possession no later than [DATE]. 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 within five (5) business days after the full execution of this Lease by the parties hereto and the satisfaction of Landlord’s customary premises delivery conditions (such as the receipt by Landlord of the original Letter of Credit and the furnishing by Tenant of certificates of insurance required hereunder) (the date on which such conditions have been satisfied being herein referred to as the “Available Delivery Date”), Tenant shall have the right to terminate this Lease by written notice to Landlord on or before the earlier of (i) the tenth (10th) business day after the Available Delivery Date, and (ii) the date Landlord delivers possession of the Premises to Tenant. If Tenant fails to deliver such written notice to Landlord on a timely basis as provided herein, then Tenant shall have no further right to terminate this Lease under this Paragraph 8(b). The aforesaid right of termination shall be the sole remedy 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), provided that Landlord uses commercially reasonable efforts to deliver possession to Tenant as soon as reasonably practicable following the Available Delivery Date. The date on which Landlord actually delivers possession of the Premises to Tenant shall be herein referred to as the “Delivery Date.”
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. Notwithstanding the preceding sentence, if Landlord does not deliver possession of the Premises to Tenant by the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay as defined in and pursuant to the Work Letter), 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 such Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay) for a period of up to ninety (90) days; provided further that if Landlord does not deliver possession of the Premises to Tenant by the date that is ninety-one (91) days following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall be entitled to two days of free Base Rent and Additional Rent for each day that the Premises is not available after the ninety-first (91st) day following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay). Additionally, if Landlord does not deliver possession of the Premises to Tenant by December 1, 2004 (as such date may be extended by Force Majeure or Tenant Delay), 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 such notice, and, upon any such termination, all deposits and prepayments shall be refunded. The aforesaid rights of free rent and termination 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 the actual Commencement Date was delayed beyond the Estimated Commencement Date specified in the Basic Lease Information. Any free Base Rent and Additional Rent accruing under this Section 8(b) shall be in addition to the Free Base Rent Period set forth in Section 4(a) above.
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. 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.
