Common use of DELAY IN OCCUPANCY Clause in Contracts

DELAY IN OCCUPANCY. Tenant, agrees that, in the event Landlord does not deliver to Tenant timely possession of the demised premises at the commencement of the term, due to failure of a previous tenant to promptly vacate the premises, or due to delays of Landlord or its contractor in completing the remodeling of the premises, or due to any other delays, Landlord shall not be liable for any damage caused thereby; nor shall this lease be void or voidable if possession is given to Tenant within one hundred twenty (120) days after the date set for commencement of this lease, but in no event shall Tenant be liable for rent until such time as Landlord offers to deliver possession of said premises to Tenant. However, the term hereof shall not be extended by such delay. If Tenant, with Landlord’s consent take possession of the demised premises prior to the commencement of this lease, then Tenant shall be subject to all the covenants and conditions hereof and shall pay rent for the period ending with the commencement of said term at the monthly rate prescribed for the first month of said term. In the event that the delay in delivering to Tenant possession of said premises at the commencement of said term is caused by Tenant, rentals shall nevertheless commence on the date set out in this lease for the commencement of the term of this lease.

DELAY IN OCCUPANCY. Tenant, agrees that, in the event Landlord does not deliver to Tenant timely possession of the demised premises at the commencement of the term, due to failure of a previous tenant to promptly vacate the premises, or due to delays of Landlord or its contractor in completing the remodeling of the premises, or due to any other delays, Landlord shall not be liable for any damage caused thereby; nor shall this lease be void or voidable if possession is given to Tenant within one hundred twenty (120) days after the date set for commencement of this lease, but in no event shall Tenant be liable for rent until such time as Landlord offers to deliver possession of said premises to Tenant. However, the term hereof shall not NOT be extended by such delay. If Tenant, with Landlord’s consent take 's consent, takes possession of the demised premises prior to the commencement of this lease, then Tenant shall be subject to all the covenants and conditions hereof and shall pay rent for the period ending with the commencement of said term at the monthly rate prescribed for the first month of the said term. In the event that the delay in delivering to Tenant possession of said premises at the commencement of said term is caused by Tenant, rentals shall nevertheless commence on the date set out in this lease for the commencement of the term of this lease.

DELAY IN OCCUPANCY. If the Premises are not ready for ------------------ occupancy on the Commencement Date this Lease shall nevertheless continue in effect, but the Commencement date shall be delayed until the Premises are ready for Tenant's occupancy, agrees thatand Landlord shall have no other liability whatsoever on account thereof, except as expressly provided herein. Rent shall not be abated if the Premises are not ready for occupancy because of or resulting from: (a) the failure to complete the installation of special items specified by Tenant after the Design Completion Date, (b) any delay resulting from Tenant's failure to make timely selection of colors or materials or to submit plans on or prior to the Plan Submission Date in accordance with Exhibit B, (c) changes or additions by Tenant to the event Landlord does Approved Plans (as defined in Exhibit B), or (d) revisions requested by Tenant to the Approved Plans or rebidding requested by Tenant of the work contemplated by the Approved Plans to contractors after the Design Completion Date (the foregoing events are herein called a "Tenant Delay"). The Premises shall be deemed ready for occupancy if a certificate or temporary certificate of occupancy has been issued for the Premises and only insubstantial details of construction, decoration or mechanical adjustments remain to be done which will not deliver to interfere with the operation of Tenant's business. On the date on which Tenant timely takes possession of the demised premises at Premises (or as soon as practicable thereafter), the commencement parties shall execute a Memorandum of Occupancy in the form attached hereto as Exhibit D confirming the Commencement Date and setting forth any incomplete items (if any), but failure to execute such document shall not in any manner affect the obligations of the termparties hereunder. Notwithstanding the foregoing if the Premises are not ready for occupancy on or prior to December 1, due to failure of a previous tenant to promptly vacate the premises, or due to delays of Landlord or its contractor in completing the remodeling of the premises, or due to any other delays, Landlord 2005 (which delivery date shall not be liable subject to force majeure) and if the cause for the Premises not being ready for occupancy is not a Tenant Delay, then Landlord shall indemnify and hold harmless Tenant from and against any damage caused thereby; nor shall this lease be void claims, losses, and expenses (including, without limitation, reasonable attorney's fees and expenses) relating to the cost of occupancy of real estate by Tenant (including, without limitation, claims by Tenant's existing lessor for consequential or voidable if possession is given to Tenant within one hundred twenty (120) days after the date set for commencement of this other damages and holdover rent under its existing lease, but in no event shall dated August 15, 2001, with Emerging Technologies Building II, LLC at 00 Xxxxx Xxxxx Xxxxxx) sustained by Tenant be liable for rent until as a result of such time as Landlord offers failure to deliver possession of said premises the Premises on or prior to December 1, 2005. Should the Premises fail to be delivered on or prior to May 1, 2006 and should such failure not be due to a Tenant Delay, Tenant shall have the right by written notice to Landlord given prior to May 1, 2006 to terminate this Lease without liability in which event the Security Deposit shall be returned to Tenant. However, the term hereof shall not be extended by such delay. If Tenant, with Landlord’s consent take possession of the demised premises prior to the commencement of this lease, then Tenant shall be subject to all the covenants and conditions hereof and shall pay rent for the period ending with the commencement of said term at the monthly rate prescribed for the first month of said term. In the event that the delay in delivering to Tenant possession of said premises at the commencement of said term is caused by Tenant, rentals shall nevertheless commence on the date set out in this lease for the commencement of the term of this lease.

DELAY IN OCCUPANCY. Tenant, agrees that, in the event Landlord does not deliver to Tenant timely possession of the demised premises at the commencement of the term, due to failure of a previous tenant to promptly vacate the premises, or due to delays of Landlord or its contractor in completing the remodeling of the premises, or due to any other delays, Landlord shall not be liable for any damage caused thereby; nor shall this lease be by void or voidable if possession is given to Tenant within one hundred twenty (120) days after the date set for commencement of this lease, but in no event shall Tenant be liable for rent until such time as Landlord offers to deliver possession of said premises to Tenant. However, the term hereof shall not be extended by such delay. If Tenant, with Landlord’s consent Tenant may take possession of the demised premises upon execution of this Lease for purposes of making tenant improvements prior to the commencement of this lease, then and Tenant shall be subject to all the covenants and conditions hereof and but shall not pay rent for the such period ending with the commencement of said the term at the monthly rate prescribed for the first month of said termthis Lease. In the event that the delay in delivering to Tenant possession of said premises at the commencement of said term is caused by Tenant, rentals shall nevertheless commence on the date set out in this lease for the commencement of the term of this lease.