Common use of Delay in Delivery of Possession Clause in Contracts

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 for any reason Landlord shall endeavor to ------------------------------- cannot deliver possession of the Premises to Tenant on or before December 1the Scheduled Commencement Date, 1999 (Landlord shall not be subject to any liability therefore, and such failure shall not affect the "Scheduled Delivery Date"). If 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 fails to cannot deliver possession of the Premises to Tenant on or before the Scheduled Delivery date (“Outside Commencement 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 ”) that is ninety (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 (12090) days following the Scheduled Delivery Date 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 (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 (1805) days following the Scheduled Delivery Outside Commencement Date (provided, however, in the "Third Delay Period"). Notwithstanding the foregoing limitation on event that Landlord's liability to the contrary, if Landlord fails ’s failure to deliver possession of the Premises to Tenant on or before June 1the Outside Commencement Date is attributable, 2000 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 (the "Outside Delivery Date"“Force Majeure Delay”), 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 Outside Commencement Date delays set forth shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in this Section 2.3.1(ii) and (iii) --------- ----- hereinabove, or (ii) question and/or the termination right set forth Force Majeure Delay in this Section 2.3.1, if ------------- Landlord's inability to deliver the Premises to Tenant on the Scheduled Delivery Date or Outside Delivery Datequestion, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, results from a Force Majeure Event described 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 Section 29.16full force and effect.

Delay in Delivery of Possession. If for any reason Landlord shall endeavor to cannot ------------------------------- deliver possession of the Premises to Tenant on or before December 1the Scheduled Commencement Date, 1999 (Landlord shall not be subject to any liability therefor, and such failure shall not affect the "Scheduled Delivery Date"). If 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 Direct Expenses until the Commencement Date has occurred; provided, however, if Landlord fails to cannot deliver possession of the Premises to Tenant on or before the Scheduled Delivery date ("Outside Commencement 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 that is one hundred eighty (180) days following the Scheduled Delivery 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 "Third Delay Period"). Notwithstanding the foregoing limitation on event that Landlord's liability to the contrary, if Landlord fails failure to deliver possession of the Premises to Tenant on or before June 1the Outside Commencement Date is attributable, 2000 in whole or in part, to any action or inaction by Tenant or Tenant's Agents (including, without limitation, any Tenant Delay described in the Work Letter attached hereto as Exhibit C) or by reason of --------- any causes beyond the reasonable control of Landlord ("Outside Delivery DateForce Majeure Delay"), 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 Outside Commencement Date delays set forth shall be extended for the period of delay attributable to the action or inaction by Tenant or Xxxxxx's Agents in this Section 2.3.1(ii) and (iii) --------- ----- hereinabove, or (ii) question and/or the termination right set forth Force Majeure Delay in this Section 2.3.1, if ------------- Landlord's inability to deliver the Premises to Tenant on the Scheduled Delivery Date or Outside Delivery Datequestion, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, results from a Force Majeure Event described 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 Section 29.16full force and effect.

Delay in Delivery of Possession. If for any reason whatsoever, Landlord shall endeavor to ------------------------------- cannot deliver possession of the Demised Premises to Tenant Tenant, for the purpose of constructing the Tenant's Work, on or before December 1the date this Lease is fully-executed and approved by Landlord's Mortgagee as provided herein, 1999 (the "Scheduled Delivery Date"). If Landlord fails to deliver the Premises to Tenant on or before the Scheduled Delivery Date, Landlord this Lease shall not be in default under this Leasevoid or voidable, and nor shall not Landlord be liable to Tenant for any damages loss or expenses damage resulting therefrom. In such event that event, the Lease Commencement Date Date, and Tenant's obligations for Rent hereunder shall be delayed commence upon the later of (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")September 1, 1997, or (ii) two (2) 120 days for each such day of Landlord Delay beyond the First Delay Period until after the date which is one hundred twenty (120) days following Landlord delivers possession of the Scheduled Delivery Date (Demised Premises to Tenant for the "Second Delay Period")purpose of constructing the Tenant's Work pursuant to the terms of this Lease, and (iii) three (3) days such date shall thereafter be the Commencement Date for each all purposes hereof, unless such day delay in delivery is due in whole or in part by any act or omission by Tenant, its officers, employees, contractors, agents and/or invitees, or by an event of Force Majeure, in which case there shall be no delay in the Commencement Date or in Tenant's obligations to pay Rent hereunder. Notwithstanding the foregoing, in the event Landlord Delay beyond is unable to deliver possession of the Second Delay Period until Demised Premises to Tenant for the purpose of constructing the Tenant's Work pursuant to the terms of this Lease on or before the date which is one hundred eighty days (180) days following after the Scheduled Delivery Date (the "Third Delay Period"). Notwithstanding the foregoing limitation on date this Lease is fully-executed and approved by Landlord's liability Mortgagee as provided herein then Tenant may elect to terminate this Lease effective as of the contraryday which is thirty (30) days after Tenant delivers written notice to Landlord of Tenant's election hereunder, if unless Landlord fails is able to deliver possession of the Demised Premises to Tenant on or before June 1, 2000 during 7 14 such thirty (the "Outside Delivery Date"), then 30) day period in which event Tenant, as its sole 's termination notice shall be deemed ineffective 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 remain in this Section 2.3.1(ii) full force and (iii) --------- ----- hereinabove, or (ii) the termination right set forth effect 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 29.16accordance with its terms.

Delay in Delivery of Possession. If Landlord shall endeavor to ------------------------------- cannot deliver possession of the Premises in the condition set forth in Section 4.1 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 DateCommencement Date for any reason, this Lease shall not, except as provided in the last sentence of this Section 4.2, be void or voidable, nor shall Landlord shall not be in default under this Lease, and shall not be liable to Tenant for any damages or expenses Liabilities resulting therefrom, and Tenant waives the provisions of any Laws to the contrary. In such event this case, the Lease Term and the regular installments of Monthly Rent and additional rent payable by Tenant shall not commence until Landlord delivers possession of the premises. If Landlord delivers and Tenant accepts possession of the Premises and commences business operations on the Premises prior to the Scheduled Rent Commencement Date Date, the Lease Term shall be delayed (i) day for day for each such day commence on the date Tenant accepts possession and all of Landlord Delay for the first sixty (60) days terms, covenants and conditions of this Lease, including, without limitations, Tenant's obligations to pay the Monthly Rent and additional rent hereunder, shall commence as of such delay beyond date. If the Lease Term commences earlier or later than the Scheduled Delivery Date (Rent Commencement Date, this Lease shall nevertheless expire on the "First Delay Period")Expiration Date, (ii) two (2) days for each such day of Landlord Delay beyond unless sooner terminated pursuant to 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")terms hereof. Notwithstanding the foregoing limitation on Landlord's liability to the contraryforegoing, if the Landlord fails is not able to deliver possession of the Premises to the Tenant on or before June 1, 2000 within sixty (60) days after the "Outside Delivery Scheduled Rent Commencement Date"), then Tenant, as its sole and exclusive remedy, shall have the right Tenant may elect to terminate this Lease by delivering written notice delivered to Landlord on or before seventy (70) days after the Scheduled Rent Commencement Date, and upon such timely written notice, any rent, security deposit, and amounts due pursuant to Section 4.5 for Real Property Taxes and Operating Expenses and Fuel Costs paid by no later than June 15, 2000. Notwithstanding the foregoing, Tenant shall not be entitled refunded and this Lease shall then be null and void and without recourse to either (i) any of 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 29.16parties hereto.