Delay in Delivery of Premises. If Sublessor, for any reason whatsoever, cannot deliver possession of the Premises to Sublessee on or before the Commencement Date, this Sublease shall not be void or voidable nor shall Sublessor be liable to Sublessee for any resulting loss or damage. However, Sublessee shall not be liable for any Rent and the Commencement Date shall not occur until the Premises are Substantially Complete (as defined in the Work Letter), except that if Sublessor's failure to Substantially Complete the Premises by the Commencement Date is attributable to any action or inaction by Sublessee (including without limitation any Sublessee Delay described in the Work Letter attached this Sublease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Sublessee, and Sublessor shall be entitled to full performance by Sublessee (including the payment of Rent) from the date the Premises would have been Substantially Complete but for such Sublessee Delays. Notwithstanding the foregoing, in the event that (a) Sublessee is not then in default under the terms of this Sublease beyond any applicable cure period, (b) the Premises are not Substantially Complete on or before January 31, 1997, as such date may be extended for events of "Sublessee Delay" (as defined in the Work Letter) (the "Drop Dead Date"), then Sublessee, as its sole and exclusive remedy (except as provided for below), shall be entitled to terminate this Sublease by providing Sublessor with written notice thereof no later than February 15, 1997; provided that such written notice shall be null and void, and this Sublease shall continue to be in full force and effect, if Sublessor Substantially Completes the Premises within ten (10) business days of the date Sublessor receives such written notice from Sublessee. If Sublessee shall terminate this Sublease pursuant to this Section 1.2 then Sublessor shall return the Security Deposit, any prepaid Rent and any other sums previously paid by Sublessee to Sublessor in connection with this Sublease, to Sublessee within twenty (20) days thereof and any and all
Delay in Delivery of Premises. If Landlord fails to deliver possession of the Premises to Tenant on or before the Lease Commencement Date, Landlord shall not be subject to any liability for its failure to do so. This failure shall not affect the validity of this Lease or the obligations of Tenant under it, but the Lease Term (and Tenant’s obligation to pay Rent) shall commence on the date on which Landlord delivers possession of the Premises to Tenant.
Delay in Delivery of Premises. If Lessor is unable to deliver possession of the Premises to Lessee on or before the Commencement Date, Lessor shall not be subject to any liability for its failure to do so. This failure shall not affect the validity of this Lease or the obligations of Lessee under it, but the Lease Term shall commence on the date on which Lessor delivers possession of the Premises to Lessee. The Lease Expiration Date shall be extended for a like period plus any additional period required to make the Lease Expiration Date the last day of the calendar month. Lessor shall use its commercially reasonable efforts to enforce its rights to possession of the Premises against any holdover tenant. If Lessor is unable to deliver possession of the Premises to Lessee by the twenty-first (21st) day of December, 2001, then either party shall have the right to terminate this Lease by providing the other party with written notice thereof within five (5) business days following said Outside Date.
Delay in Delivery of Premises. If the Landlord is delayed in delivering the Premises to the Tenant by the date provided for in this Lease, the Landlord and the Tenant agree that the Commencement Date shall be deferred by the number of days of such delay but the Term will remain as set out in this Lease. The Landlord or its agent shall provide to the Tenant written notice of any such delay before it occurs. The Tenant shall accept the above deferral of the Commencement Date as full compensation for the delay and the Landlord shall have no further liability arising from it. The Tenant shall upon request execute a lease amending agreement documenting such deferral, if any.
Delay in Delivery of Premises. If Substantial Completion of the Tenant Improvements has not occurred by the Outside Date, as defined in Section 2.4.1, Tenant's sole remedy, in addition to those stated in Section 3.1, shall be to terminate this Lease as provided in this Section 2.4.
Delay in Delivery of Premises. If Landlord is unable to deliver possession of the Premises to Tenant on or before the Commencement Date, Landlord shall not be subject to any liability for its failure to do so. Subject to the termination right set forth below, this failure shall not affect the validity of this Lease or the obligations of Tenant under it, but the Term shall commence on the date on which Landlord delivers possession of the Premises to Tenant. If, for any reason other than a delay caused in whole or in part by Tenant, the Premises are not delivered to Tenant within three (3) months after the date set forth in Paragraph 5(b) of the Fundamental Lease Provisions, Tenant, as its sole right and remedy, shall have the option of terminating this Lease, without further obligation or liability on the part of either party, by delivering written notice of termination to Landlord at any time after such date and before the Premises are delivered. Upon such termination, any deposits previously made by Tenant shall be promptly returned.
Delay in Delivery of Premises. If Landlord is unable to deliver possession of the Premises Landlord shall not have any liability whatsoever to Tenant on account of Landlord’s inability to deliver possession of the Premises to Tenant.
Delay in Delivery of Premises. Section 2.2 of the Sublease is hereby amended in its entirety to read as follows:
Delay in Delivery of Premises. In the event that Landlord is unable ----------------------------- to deliver that portion of the Premises to be delivered on June 1, 1998 as a result of a hold over by the prior occupant thereof, or for any other reason beyond Landlord's reasonable control, Landlord shall not be liable for any damages to Tenant as a result of such delay in delivery, and Tenant shall not have the right to terminate this Lease. The sole result by reason of such delay in delivery, is that the Expansion Date shall be the date on which Landlord tenders to Tenant such portion of the Premises, and, until the Expansion Date, Basic Rent shall continue to be payable at the rate and amounts as set forth in Section 5.1 which are applicable prior to June 1, 1998.
Delay in Delivery of Premises. If Landlord is unable to deliver possession of the Premises to Tenant on or before the projected Lease Commencement Date, Landlord shall not be subject to any liability for its failure to do so. This failure shall not affect the validity of this Lease or the obligations of Tenant under it, but the Lease Term shall commence on the date on which Landlord delivers possession of tie Premises to Tenant. Notwithstanding the foregoing to the contrary, in the event that Landlord does not deliver possession of the Premises to Tenant on or before January 1, 2017, then Tenant shall receive one free day of Base Rent for each day after January I, 2017 until Landlord delivers possession of he Premises to Tenant Landlord and Tenant agree to execute an amendment to this Lease setting forth the actual Lease Commencment Date, free rent period and Lease Termination Date. Larkspur Lease — Sysorex 2016-09-27
