Delay in Delivery of Possession. 4.01 If Landlord, for any reason whatsoever, cannot deliver possession of the Leased Premises to Tenant at the commencement of the term of this Lease, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but in that event there shall be a proportionate reduction of rent covering the period between the commencement of the term and the time when Landlord can deliver possession. If delay is longer than three (3) months, Landlord will provide Tenant such space (not exceeding in area the Leased Premises) as Landlord may have available, until the Leased Premises can be completed, at no charge to Tenant. The term of this Lease shall be extended by such delay.
Delay in Delivery of Possession. If the University for any reason whatsoever cannot deliver possession of the Rental Property to Tenant on the Occupancy Date, the University shall not be liable for any delay in delivery of possession. If the University fails to deliver possession of the Rental Property to Tenant on the Occupancy Date, Tenant's obligation to pay rent shall commence only upon the University's delivery of possession, or upon the date when the University provides an alternative housing arrangement.
Delay in Delivery of Possession. The LESSEE agrees that the UNIVERSITY will not be liable for any costs, losses, or damages suffered by the LESSEE as a result of the UNIVERSITY'S inability to deliver possession of the apartment. If the UNIVERSITY cannot deliver possession of the apartment to the LESSEE within three (3) working days from the date on which the term of this Lease Agreement is to commence, then the UNIVERSITY shall provide alternative accommodations in comparable living quarters, and LESSEE shall pay rent per the terms of this Lease Agreement.
Delay in Delivery of Possession. Landlord shall endeavor to ------------------------------- deliver possession of the Premises to Tenant on or before December 1, 1999 (the "Scheduled Delivery Date"). If Landlord fails to deliver the Premises to Tenant on or before the Scheduled Delivery Date, Landlord shall not be in default under this Lease, and shall not be liable to Tenant for any damages or expenses resulting therefrom. In such event the Lease Commencement Date shall be delayed (i) day for day for each such day of Landlord Delay for the first sixty (60) days of such delay beyond the Scheduled Delivery Date (the "First Delay Period"), (ii) two (2) days for each such day of Landlord Delay beyond the First Delay Period until the date which is one hundred twenty (120) days following the Scheduled Delivery Date (the "Second Delay Period"), and (iii) three (3) days for each such day of Landlord Delay beyond the Second Delay Period until the date which is one hundred eighty (180) days following the Scheduled Delivery Date (the "Third Delay Period"). Notwithstanding the foregoing limitation on Landlord's liability to the contrary, if Landlord fails to deliver possession of the Premises to Tenant on or before June 1, 2000 (the "Outside Delivery Date"), then Tenant, as its sole and exclusive remedy, shall have the right to terminate this Lease by written notice delivered to Landlord by no later than June 15, 2000. Notwithstanding the foregoing, Tenant shall not be entitled to either (i) the Lease Commencement Date delays set forth in this Section 2.3.1(ii) and (iii) --------- ----- hereinabove, or (ii) the termination right set forth in this Section 2.3.1, if ------------- Landlord's inability to deliver the Premises to Tenant on the Scheduled Delivery Date or Outside Delivery Date, as applicable, results from a Force Majeure Event described in Section 29.16
Delay in Delivery of Possession. If City is unable to deliver possession of the Premises to Tenant on or before the scheduled Commencement Date, then the validity of this Lease shall not be affected thereby and City shall not be liable to Tenant for any Losses resulting therefrom. Tenant waives all provisions of any Laws to the contrary. In the event of any such delay in delivery of possession, the Term and regular payments of Base Rent and Additional Charges shall not commence until City delivers possession of the Premises. If the Term commences later or earlier than the Commencement Date in accordance with the terms hereof, this Lease shall nevertheless expire on the Expiration Date, unless sooner terminated pursuant to the provisions of this Lease.
Delay in Delivery of Possession. Landlord shall use its best efforts to deliver possession of the Premises with all of the Leasehold Improvements substantially completed and accepted by City’s Director of Property pursuant to Section 6.1 (Landlord’s Obligation to Construct Improvements) on or before the Estimated Commencement Date. However, if Landlord is unable to deliver possession of the Premises as provided above, then, subject to the provisions of this Section below, the validity of this Lease shall not be affected by such inability to deliver possession except that City’s obligations to pay Base Rent or any other charges shall not commence until such time as Landlord has delivered the Premises as required under this Lease. If the Term commences later or earlier than the Estimated Commencement Date, this Lease shall nevertheless expire on the Expiration Date, unless sooner terminated pursuant to the provisions under this Lease. If Landlord is unable to deliver possession of the Premises to City as required hereunder within thirty (30) days after the Estimated Commencement Date, then City may, at its option, terminate this Lease, without any further liability under this Lease, upon written notice to Landlord.
Delay in Delivery of Possession. If the District, for any reason whatsoever, cannot deliver possession of twelve spaces to City on the commencement date, this agreement shall not be void or voidable, nor shall District be liable to City for any loss or damage resulting therefrom. In such event, City shall be relieved of its obligation to pay for a child care space in the amount equivalent to the unit value of each space not delivered. The unit value of one child care space is as listed in Exhibit A.
Delay in Delivery of Possession. In the event that possession cannot be delivered to Lessee upon commencement of the lease term, there shall be no liability on Lessor or his agent, but the rental herein provided shall xxxxx until possession is given. If Lessor provides alternate accommodations until possession is given, rent shall not xxxxx.
Delay in Delivery of Possession. This Agreement shall not be rendered void or voidable by the inability of Landlord to deliver possession of the Homesite to Tenant at the beginning of the lease term, nor shall any inability to deliver render Landlord liable to Tenant for loss or damage suffered thereby. If Landlord cannot deliver possession of the Homesite, the rent for the period between the beginning of the term and the time when Landlord can actually deliver possession will be deducted from the rent due.
Delay in Delivery of Possession. Landlord shall use commercially reasonable efforts to deliver possession of the Initial Premises with all of the Leasehold Improvement Work to the Initial Premises substantially completed and accepted by the City's Director of Property pursuant to Section 6.1 (Leasehold Improvement Work) on or before the Estimated Commencement Date for the Initial Premises and shall use commercially reasonable efforts to deliver possession of the Additional Premises with all of the Leasehold Improvement Work to the Additional Premises substantially completed and accepted by the City's Director of Property pursuant to Section 6.1 (Leasehold Improvement Work) on or before the Estimated Commencement Date for the Additional Premises. However, if Landlord is unable to deliver possession of either increment of the Premises by the Estimated Commencement Date applicable to such increment, then, subject to the provisions of this Section below, the validity of this Lease shall not be affected by such inability to deliver possession, except that City’s obligations to pay Base Rent or any other charges for the applicable increment of the Premises shall not commence until such time as Landlord has delivered such increment of the Premises as required under this Lease. If the Term commences with respect to the Initial Premises or the Additional Premises later or earlier than the applicable Estimated Commencement Date, this Lease shall nevertheless expire on the Expiration Date, unless sooner terminated or extended pursuant to the provisions under this Lease. If Landlord is unable to deliver possession of the Initial Premises to City as required hereunder within one hundred eighty (180) days after the Estimated Commencement Date for the Initial Premises then City may, at its option, terminate this Lease, without any further liability under this Lease, upon written notice to Landlord. If Landlord is unable to deliver possession of the Additional Premises to City as required hereunder within one hundred eighty (180) days after the Estimated Commencement Date for the Additional Premises then City may, at its option, terminate this Lease, without any further liability under this Lease, upon written notice to Landlord, provided however, that if such delay in delivery is caused by City’s failure to vacate the Additional Premises for any reason other than Landlord’s failure to deliver the substitute premises to City in accordance with the provisions of the Amendment to Existing Second Floor Leas...
