Common use of Delay in Delivery of Possession Clause in Contracts

Delay in Delivery of Possession. The Premises shall be delivered to, and accepted by, Tenant in its AS-IS condition, as further provided in Section 10.1, below. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date for any reason, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any Liabilities resulting therefrom, and Tenant waives the provisions of any Laws to the contrary. In 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 prior to the Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and all of the terms, covenants and conditions of this Lease, including, without limitation, Tenant’s obligation to pay the Monthly Rent and Additional Rent hereunder, shall commence as of such date. If Landlord delivers possession of the Premises after the Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and the Expiration Date shall be shifted accordingly so that the Lease Term shall remain as set forth in Section 2 (g).

Delay in Delivery of Possession. The Premises shall be delivered to4.01 If Landlord, and accepted byfor any reason whatsoever, Tenant in its AS-IS condition, as further provided in Section 10.1, below. If Landlord cannot deliver possession of the Leased Premises to Tenant on or before the Anticipated Commencement Date for any reasonas set forth on the Cover Page of this Lease, then this Lease shall not be void or voidable voidable, nor shall Landlord be liable to Tenant for any Liabilities loss or damage resulting therefrom, and Tenant waives but in that event the provisions of any Laws to the contrary. In this case, the Lease Term and the regular installments of Monthly Rent and Additional Rent payable by Tenant Commencement Date shall not commence be delayed until Landlord delivers possession of the Premises. If Leased Premises is tendered by Landlord delivers to Tenant, and Tenant accepts possession the terms of the Premises prior this Lease shall be extended for a period equal to the Commencement Dateperiod of such delay in delivery of possession, plus the number of days necessary to end the term of this Lease Term shall commence on the date Tenant accepts possession and all last day of a month. In the terms, covenants and conditions event of this Lease, including, without limitationany such delay, Tenant’s obligation to pay for the Monthly Rent payment of Base Rental, Charges and Additional Rent hereunder, common utility costs shall commence as be abated in full until the delivery of such date. If Landlord delivers possession of the Leased Premises after as provided for hereinabove. Notwithstanding anything to the contrary contained in this Section 4.01, in the event of any delay in the delivery of possession of the Leased Premises resulting from any delays by Tenant, the Commencement DateDate of this Lease shall be deemed to be the date the Leased Premises would have been delivered to Tenant but for such delays by Tenant, the Lease Term and rent shall commence on the date Tenant accepts possession and the Expiration Date shall be shifted accordingly so that the Lease Term shall remain as set forth in Section 2 (g)such date.

Delay in Delivery of Possession. The Premises shall be delivered to, and accepted by, Tenant in its AS-IS condition, as further provided in Section 10.1, below. 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 Common 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 thirty (30) 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 Xxxxxxxx’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, the Outside Commencement Date shall be extended for any reasonthe period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall not be void or voidable nor terminate upon such notice and Landlord shall Landlord be liable promptly return to Tenant for the Rental Fee, any Liabilities resulting therefromprepaid Rent, the Security Deposit, and any other sums prepaid by Tenant waives the provisions of any Laws to the contraryLandlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this case, the Lease Term shall continue in full force 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 prior to the Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and all of the terms, covenants and conditions of this Lease, including, without limitation, Tenant’s obligation to pay the Monthly Rent and Additional Rent hereunder, shall commence as of such date. If Landlord delivers possession of the Premises after the Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and the Expiration Date shall be shifted accordingly so that the Lease Term shall remain as set forth in Section 2 (g)effect.

Delay in Delivery of Possession. The Premises shall be delivered to, and accepted by, Tenant in its AS-IS condition, as further provided in Section 10.1, below. If Landlord cannot deliver --------------------------------- possession of the Premises to Tenant on the Commencement Date for any reason, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any Liabilities resulting therefrom, and Tenant waives the provisions of any Laws to the contrary. In 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 prior to the Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and all of the terms, covenants and conditions of this Lease, including, without limitation, Tenant’s 's obligation to pay the Monthly Rent and Additional Rent hereunder, shall commence as of such date. If Landlord delivers possession of the Premises after the Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and the Expiration Date shall be shifted accordingly so that the Lease Term shall remain as set forth in Section 2 (g2(g).