Delay in Delivery of Possession. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or before the Scheduled Commencement Date, Landlord shall not be subject to any liability therefore, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated to pay Base Monthly Rent or Tenant’s Share of Operating Expenses until the Commencement Date has occurred; provided, however, if Landlord cannot deliver possession of the Premises to Tenant on or before the date (“Outside Commencement Date”) that is ninety (90) days following the Scheduled Commencement Date, Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with written notice thereof within five (5) days following the Outside Commencement Date (provided, however, in the event that Landlord’s failure to deliver possession of the Premises to Tenant on or before the Outside Commencement Date is attributable, in whole or in part, to any action or inaction by Tenant or Tenant’s Agents or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effect.
Delay in Delivery of Possession. 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. 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. 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. 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. 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. AND FAILURE TO PAY UPON LEASE START DATE: If Landlord does not deliver possession of the Premises on or before the Lease Start Date for any reason, Landlord shall not be liable to Tenant for any damages whatsoever for failure to deliver possession on that date, but Rent payable under this Lease, shall be abated on a daily basis until Landlord delivers possession to Tenant. If Landlord does not or cannot deliver possession of the Premises within 7 days of the Lease Start Date, either Tenant or Landlord may thereafter terminate this Lease by written notice. If for any reason, including but not limited to, Xxxxxxxx's unilateral mistake, Xxxxxx fails to pay any amount due under the Lease prior to moving in, Tenant shall be in default and Landlord may exercise any and all rights and remedies under this Lease or at law including, without limitation, notice to quit upon ten (10) days’ notice of rent or possession, and imposition of late fees.
Delay in Delivery of Possession. This Agreement shall not be rendered void or voidable by the inability of Owner to deliver possession of the Lot to Homeowner at the beginning of the lease term, nor shall any inability to deliver render Owner liable to Homeowner for loss or damage suffered thereby. If Owner cannot deliver possession of the Lot, the Rent for the period between the beginning of the term and the time when Owner can actually deliver possession will be abated.
Delay in Delivery of Possession. Notwithstanding the provisions of Section 2.1 above, if for any reason Sublandlord fails to deliver possession of the Sublease Premises to Subtenant in the condition required hereunder on the Target Commencement Date, Sublandlord shall not be subject to any liability on account of said failure to deliver, nor shall such failure affect the validity of this Sublease or the obligations of Subtenant hereunder or extend the term hereof. However, if Sublandlord has not delivered possession of either the 1565 Sublease Premises or the 1585 Sublease Premises in the condition required hereunder on or before May 15, 2004, then Subtenant, as its sole remedy, shall have the option of terminating this Sublease and, upon notice of such termination to Sublandlord, Sublandlord shall promptly refund any monies previously tendered by Subtenant, this Sublease shall immediately terminate and neither party shall have any further rights or obligations under this Sublease. If, however, Sublandlord has delivered possession of either the 1565 Sublease Premises or the 1585 Sublease Premises, but not both, in the condition required hereunder on or before May 15, 2004, then in addition to Subtenant’s right to terminate this Sublease as described above, Subtenant shall have the right, at Subtenant’s option, to terminate this Sublease solely with respect to such undelivered portion of the Sublease Premises (“Partial Termination”) and this Sublease shall remain in full force and effect for the delivered portion of the Sublease Premises. Notwithstanding the foregoing, to the extent delivery of possession of the Sublease Premises is delayed as a result of any act or omission of Subtenant or its agents (“Subtenant Delivery”), Sublandlord shall be deemed to have delivered possession of the Sublease Premises as of the date Sublandlord would have tendered possession if no such act or omission had occurred.
