Common use of Delay in Delivering Possession Clause in Contracts

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 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 or before which such conditions have been satisfied being herein referred to as the Estimated “Available 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 right to terminate this Lease by written notice to Landlord within ten on or before the earlier of (10i) days thereafterthe tenth (10th) business day after the Available Delivery Date, unless and (ii) the date 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 refundedTenant. If Landlord has been unable, despite its commercially reasonable efforts, Tenant fails to deliver possession of the Premises such written notice to Tenant by July 1, 2010Landlord on a timely basis as provided herein, then Landlord Tenant shall have the option no further right to terminate this Lease by written notice to Tenant, and, upon any such termination, all deposits and prepayments shall be refunded.] under this Paragraph 8(b). The aforesaid right of free and termination rent shall be the sole remedies 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 Expiration Date shall be extended by the same number of days that Tenant’s date on which Landlord actually delivers possession of the Premises was delayed beyond to Tenant shall be herein referred to as the Estimated “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 Delivery Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s 's agents, advisors, employees, partners, shareholders, directors, invitees, invitees or independent contractors or Landlord’s Investment Advisors (as hereinafter defined) (collectively, “Landlord’s Agents”"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 not be entitled to one day of free Base liable for 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 until 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 's possession of the Premises was delayed beyond the Estimated Delivery Commencement Date. Notwithstanding the foregoing, in the event the Commencement Date does not occur on or before February 15, 2003, then Tenant shall have the right, as its sole and exclusive remedy for such failure, to terminate this Lease by written notice delivered to Landlord on or before February 28, 2003. If Tenant fails to deliver a termination notice to Landlord in a timely manner as aforesaid, then Tenant's right to terminate this Lease shall lapse and this Lease shall remain in full force and effect.

Delay in Delivering Possession. If for there is a holding over or retention of possession of the Premises, or any reason whatsoeverportion thereof, by any prior tenant or occupant, or if Landlord cannot shall otherwise be unable to deliver possession of the Premises due to Tenant on or before the Estimated Delivery Datecauses beyond its reasonable control, this Lease then Landlord shall not be void subject to any liability for the failure or voidabledelay in giving possession; but Annual Fixed Rent, nor additional rent and any other charges or amounts payable hereunder by Tenant 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 entirely abated until the same is delivered to Tenant for or until Tenant occupies all or any loss or damage resulting therefrom. Notwithstanding the preceding sentence, if Landlord does not deliver possession part of the Premises to Tenant by May 1, 2010, then (in which case Tenant shall be entitled subject to one day all obligations with respect to the portion of free Base Rent and Additional Rent for each day either the 300 Level or the East Wing so occupied, or both if any part of both is so delivered or occupied). No such failure to give possession shall in any other respect affect the validity of this Lease (including the date on which the Term ends) or any other of the obligations of Tenant; provided, however, that the Premises is not available after May 1, 2010. Additionally, if none of Tenant's obligations hereunder shall commence until Landlord can not shall deliver possession as aforesaid or Tenant shall occupy all or any part of the Premises Premises. If Landlord shall not have delivered possession to Tenant by May 1, 2010of (and Tenant shall not have so occupied) the East Wing Space, then Tenant shall have the option right, upon written notice to Landlord, to terminate this Lease by written notice to Landlord within ten (10) days thereafter, unless Landlord delivers possession of upon 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 refundedterms set forth in [section]1.1 under "Landlord's Work".] 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 on or before the Estimated Delivery DateCommencement Date with the Tenant Improvements substantially completed, 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) manager or investment advisors (collectively, “Landlord’s Agents”), be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the preceding sentenceforegoing, if Landlord does the Tenant Improvements are not deliver possession of substantially completed and the Premises to Tenant delivered by May 1, 2010, then Tenant shall the date which is six (6) months following the Estimated Commencement Date (as such date may 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 extended by May 1, 2010Force Majeure), 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 with the Tenant Improvements substantially completed 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 foregoing right of free and termination rent shall be the sole remedies 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). 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 Datebasis.

Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Delivery Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s 's agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord’s 's Investment Advisors (as hereinafter defined) (collectively, “"Landlord’s 's Agents”"), be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding ; provided, however, that if the preceding sentenceCurrent Tenant has not vacated the Premises on or before March 31, 2000, Landlord shall immediately and diligently pursue such legal action as is reasonable under the circumstances to cause the Current Tenant to vacate the Premises as soon as possible after such date, including, but not limited to, diligently prosecuting an unlawful detainer action against the Current Tenant; further provided, however, if the Current Tenant has not vacated by June 15, 2000, Tenant or 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 may terminate this Lease by written notice given to Landlord within ten (10) days thereafterthe other no later than June 15, unless 2000. Tenant shall not be liable for Rent until 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 's possession of the Premises was delayed beyond the Estimated Delivery Commencement Date.