DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 31 contracts
Samples: Annual Report, Form 10 K/A, Lease Agreement (Collateral Therapeutics Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 26 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (International Remote Imaging Systems Inc /De/), Standard Industrial/Commercial Single Tenant Lease Net (Global Health Trax Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 14 contracts
Samples: Lease Agreement (Cmgi Inc), Standard Industrial/Commercial Single Tenant Lease (Vdi Media), Standard Industrial/Commercial Single Tenant Lease Net (Microtel International Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 13 contracts
Samples: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Staar Surgical Company)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 9 contracts
Samples: Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee’s right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 5 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Fox Factory Holding Corp), Lease Agreement (Fox Factory Holding Corp), Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 5 contracts
Samples: Lease Agreement, Standard Multi Tenant Office Lease (Villageedocs Inc), Standard Multi Tenant Office Lease (Newave Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Commencement Date, if one if, despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateunable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 4 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Troy Group Inc), Lease Agreement (Cumetrix Data Systems Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Cumetrix Data Systems Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 4 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Saflink Corp), Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession DateXxxx, if If one is Is specified in Paragraph 1.4, or if no Early Possession Date is Xxxx Is specified, by the Commencement DateData, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in In such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If II possession of the Premises is Is not delivered to Lessee within sixty (60) days after the Commencement DateXxxx, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end and of said sixty (60) day period, cancel this Lease, in In which event the parties shall be discharged from all obligations hereunder; provided further, however, that if If such written notice of Lessee is Is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except except as may be otherwise provided, and regardless of when the Original Term actually commences, if If possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if II any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 4 contracts
Samples: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed enjoyed, shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 3 contracts
Samples: Lease Agreement (Micromem Technologies Inc), Lease Agreement (Micromem Technologies Inc), Lease Agreement (Micromem Technologies Inc)
DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified condition described in Paragraph 1.4, the second sentence of Section 3.1 above on or if no Early Possession Date is specified, by before the Commencement DateDate stated in Item 4 of the Basic Lease Provisions, Lessor then this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee Commencement Date shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease not occur until Lessor Landlord so delivers possession of the Premises to Lessee. If Tenant, except that if Landlord’s failure to so deliver possession on the Commencement Date is attributable either (i) to any failure by Tenant to perform any obligation under this Lease or (ii) to any “Tenant Delay” (as defined in the Work Letter attached hereto), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s). Notwithstanding anything to the contrary contained in this Section 3.2, however, if for any reason other than the failure by Tenant to perform any obligation under Lease and/or a Tenant Delay, the Commencement Date has not delivered occurred by December 15, 2000, then Tenant may, by written notice to Lessee Landlord given within sixty twenty (6020) business days after thereafter but prior to the actual Commencement Date, Lessee may, at its option, by notice in writing elect to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease. In the event of a dispute between Landlord and Tenant regarding the advancement of the Commencement Date (including, as aforesaidwithout limitation, the period free occurrence and/or duration of Tenant Delays) and/or regarding the occurrence of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal Commencement Date pursuant to the period during which foregoing provisions of this Section 3.2, either party may elect to submit the Lessee would have otherwise enjoyed under the terms hereof, but minus any days matter for binding arbitration with JAMS/ENDISPUTE as provided in Section 22.7 of delay caused by the acts, changes or omissions of Lesseethis Lease.
Appears in 3 contracts
Samples: Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp), Industrial Lease (Intralase Corp)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 32(b), Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, Lessee's option by notice in writing to Lessor Lessor, within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, provided however that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, further that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or and effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 3 contracts
Samples: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Sysview Technology, Inc.)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, . if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay f caused by the acts, changes or omissions of Lessee.
Appears in 3 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 34 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 3 contracts
Samples: Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 3 contracts
Samples: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Cyberamerica Corp), Standard Office Lease (Icx Electronics Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does 14 not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 3 contracts
Samples: Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession of the Premises is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America Inc), Lease Agreement (Ansys Diagnostics Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within with said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes charges or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Objectshare Inc), Lease Agreement (Starbase Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts , Lesser is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises to Lessee. If possession and any period of rent abatement that Lessee would otherwise have enjoyed shall run from date of the Premises delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee, if possession is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at may as its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this the Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid___________, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of or possession and continue for a period equal to the period during which what the Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear Corp)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except at may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Leaselease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commencescommenced, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See Paragraph 49.g.
Appears in 2 contracts
Samples: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)
DELAY IN POSSESSION. If Notwithstanding the commencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, or extend the term hereof, but in such case, a case Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation Lessee's Share of Lessee under the Operating Expenses (as those terms of this Lease are defined hereinafter) until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty ninety (6090) days after the Commencement Datefrom said commencement date, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after following the end expiration of said sixty ninety (6090) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of from Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may In the event of a delay in possession, the Commencement Date shall be otherwise providedthe date on which possession of the Premises is tendered to Lessee, and regardless the term of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run be for sixty (60)months from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseesuch date.
Appears in 2 contracts
Samples: Commercial Lease (Quadrax Corp), Commercial Lease (Quadrax Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, however that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, 1.4 or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Cmgi Inc), Standard Industrial/Commercial Multi Tenant Lease (Natural Alternatives International Inc)
DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee by Tenant in the Early Possession Date, if one is specified in Paragraph 1.4, condition required on or if no Early Possession Date is specified, by before the Estimated Commencement Date, Lessor this Lease shall not be subject to any liability therefor, void or voidable nor shall such failure affect the validity of this Lease, Landlord be liable to Tenant for any resulting loss or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall notdamage. However, except as otherwise provided hereinfor in subsection 2.2(i) above, Tenant shall not be obligated to pay rent or perform liable for any other obligation of Lessee under Rent (as defined in Section 3.1 below) and the terms of this Lease Commencement Date shall not occur until Lessor delivers possession of the Premises are Ready for Occupancy, except that if Landlord’s failure to Lessee. If make the Premises Ready for Occupancy by the Estimated Commencement Date is attributable to any Tenant Delay, then the Commencement Date shall not be advanced to the date on which possession of the Premises is not delivered tendered to Lessee within sixty Tenant, and Landlord shall be entitled to full performance by Tenant (60including the payment of Rent) from the date the Premises would have been Ready for Occupancy but for such Tenant Delays. Notwithstanding anything to the contrary contained in this Lease, if, for any reason other than a Tenant Delay or a Force Majeure Delay (but in no event more than ninety (90) days after of Force Majeure Delays), the Commencement DatePremises are not Ready for Occupancy by November 1, Lessee may2002, at its option, by notice in writing Tenant shall have the right to Lessor within ten (10) days after the end of said sixty (60) day period, cancel terminate this Lease, in which event case neither party shall have any further liability hereunder and Landlord promptly shall refund to Tenant all sums paid by Tenant to Landlord at the parties shall be discharged from all obligations hereunder; provided further, however, time that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate Tenant executed this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Palmsource Inc), Lease Agreement (Palm Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot Landlord shall be unable to deliver possession of the Premises to Lessee by Tenant on the Early Possession Date, if one is date specified in Paragraph 1.4for commencement of the term hereof (i) because an Occupancy Permit has not been procured, or (ii) because of the holding over or retention of possession of any tenant or occupant, or (iii) if no Early Possession Date is specifiedthe Tenant Improvements are not Substantially Completed, by or (iv) because of the Commencement Dateoperation of a “force majeure” event (as defined below), Lessor or (v) for any reason identified in Exhibit “F” attached hereto, or for any other reason, then in any such case Landlord shall not be subject to any liability thereforto Tenant. Under such circumstances, nor except as set forth in Paragraph 2 above and Exhibit “F” hereto relating to a “Tenant Delay”, the rent reserved and covenanted to be paid herein shall not commence until possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession shall in any other respect affect the validity of this Lease or any obligation of the Tenant hereunder (except as to the date of commencement of accrual of rent). Notwithstanding anything to the contrary in this Lease, if Landlord fails to deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before the date which is 180 days after the date of this Lease (subject to a day-for-day extension for each day of Tenant Delay, if any, or the obligations occurrence of Lessee hereundera “force majeure” event) (the “Outside Completion Date”), or extend then, as Tenant’s sole and exclusive remedy, Tenant shall be entitled to an abatement of rent for the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation number of Lessee under days from the terms of this Lease Outside Completion Date until Lessor the date Landlord delivers possession of the Premises to Lessee. If possession of Tenant with the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant Improvements Substantially Completed.
Appears in 2 contracts
Samples: Office Lease (Celator Pharmaceuticals Inc), Office Lease (Celator Pharmaceuticals Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability liabilities therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or for perform any other obligation of Lessee under the of terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties of Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day perioddays, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force notice or effectaffect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days base of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereofthereof, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Scheid Vineyards Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Parametric Sound Corp), Standard Industrial/Commercial Multi Tenant Lease (Interactive Health, Inc.)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Innovacom Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within with sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be by obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Centaur Pharmaceuticals Inc), Standard Industrial/Commercial Multi Tenant Lease Gross (Centaur Pharmaceuticals Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; , provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Overstock Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Overstock Com Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations obligation of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (K Swiss Inc), Lease Agreement (Advanced Photonix Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Xxxxxx delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Xxxxxx is not received by Lessor Xxxxxx within said ten (10) day period, LesseeXxxxxx's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Hydrogen Burner Technology Inc), Consent (Burke Flooring Products Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is delayed more than thirty (30) days other than pursuant to Paragraph 51 or 53, Lessor shall be liable to Lessee for a penalty of $2,000.00 for each day of delay. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodLessor, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as is may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written written, notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)
DELAY IN POSSESSION. If for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, Tenant by the Commencement Date, Lessor except as provided below, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in . In such case, Lessee Tenant shall not, except as otherwise provided herein, be obligated to pay rent Rent or perform any other obligation of Lessee Tenant under the terms of this Lease until Lessor Landlord delivers possession of the Premises to LesseeTenant. The term of the Lease shall commence on the earlier of (a) the date Tenant takes possession of the Premises or (b) 10 days following notice to Tenant that Landlord is prepared to tender possession of the Premises to Tenant. If possession of the Premises is not delivered to Lessee Tenant within sixty (60) 60 days after the Commencement DateDate and such delay is not due to Tenant’s acts, Lessee mayfailure to act, at its optionor omissions, Tenant shall have the option to either (i) by notice in writing to Lessor Landlord within ten (10) 10 days after the end of said sixty (60) -day period, period cancel this Lease, in which event Lease and the parties shall be discharged from all obligations hereunder; provided furtheror (ii) elect not to cancel this Lease, howeverin which case Tenant shall receive rent abatement, to be applied to the rent coming due when the term of the Lease commences, equal to one day for each day following such sixtieth (60th) day that if Landlord fails to deliver the Premises to Tenant If such written notice of Lessee Tenant’s cancellation under (i) above is not received by Lessor Landlord within said ten (10) -day period, Lessee's Tenant’s right to cancel this Lease hereunder shall terminate and Tenant shall be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered deemed to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lesseeelected option (ii) above.
Appears in 2 contracts
Samples: Industrial Lease (CAPSTONE TURBINE Corp), Industrial Lease (Capstone Turbine Corp)
DELAY IN POSSESSION. If IF for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Burke Industries Inc /Ca/), Standard Industrial/Commercial Single Tenant Lease Net (Burke Industries Inc /Ca/)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Target Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Target Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Target Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Net (SMTC Corp), Lease Agreement (SMTC Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If It possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee in writing.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc), Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability thereforU1erefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If if possession of the Premises is not delivered to Lessee within sixty ninety (6090) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty ninety (6090) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall shad terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee Lasses-, by the Early Possession Date, if one is specified in it Paragraph 1.4, or if it no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)
DELAY IN POSSESSION. If for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee Tenant by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee Tenant hereunder, or extend the term hereof, but in such case, Lessee Tenant shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee Tenant under the terms of this Lease until Lessor Landlord delivers possession of the Premises to LesseeTenant. If possession of the Premises is not delivered to Lessee Tenant within sixty (60) days after the Commencement Date, Lessee Tenant may, at its option, by notice in writing to Lessor Landlord within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee Tenant is not received by Lessor Landlord within said ten (10) day period, LesseeTenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee Tenant when required by this Lease and Lessee Tenant does not terminate this Lease, as aforesaidforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee Tenant would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeTenant.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (SBS Technologies Inc), Lease Agreement (SBS Technologies Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers I possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty Thirty (603O) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten two (102) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten two (102) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if [ILLEGIBLE] possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided provided, further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date 2 3 is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 2 contracts
Samples: Lease Agreement (Meade Instruments Corp), Lease Agreement (Meade Instruments Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date, and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Smtek International Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's Initials: /s/ DKH --------- FULL SERVICE-GROSS /s/ SK --------- /s/ AEW option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee. See also paragraphs ?? and 53 of the Addendum to Lease.
Appears in 1 contract
Samples: Lease Agreement (Medibuy Com Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure delay affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay the Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of to delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If Notwithstanding said commencement date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee; provided, however, that if Lessor has not delivered to Lessee possession of the Premises within sixty thirty (6030) days after from said commencement date and said delay in delivery is not due to Lessee's action, or the Commencement Dateaction of any governmental agency, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from If the date of delivery of possession and continue for a period equal Possession of the Premises to Lessee is later than the period during which commencement date specified in Paragraph 3.1 above, then the Lessee would have otherwise enjoyed under the terms hereof, but minus any days term of delay caused this Lease shall be extended by the actsnumber of days between the commencement date and such delivery date, changes or omissions of Lesseeand Lessor and Lessee shall enter into an amendment to this lease setting forth such new expiration date.
Appears in 1 contract
Samples: Lease Agreement (WTC Industries Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if it such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If for any an reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day days period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the actsact, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor Xxxxxx delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date__DATE THAT IS EIGHT (8) MONTHS FROM THE DATE LESSOR AND LESSEE MUTUALLY AGREE UPON THE PROPOSED PLANS__, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of Lessee by Xxxxxx is not received by Lessor within said ten (10) day period, LesseeXxxxxx's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Long Term Lease (Pacific Research & Engineering Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or -2- 3 or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Netcom Systems Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one including, without limitation, giving timely and appropriate notices to any existing tenant and filing an unlawful detainer action against such tenant on the earliest date such action can be commenced. If, despite said efforts, Lessor is specified in Paragraph 1.4, or if no Early Possession Date is specified, unable to deliver possession by the Commencement Datesuch date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any other obligation of Lessee under obligations until 45 days following the terms of this Lease until date on which Lessor delivers possession of the Premises to Lessee. If possession and any period of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee.. If possession is not delivered within 60 days after the Commencement Date, Lessee may, at its option, by notice in writing at any time prior to delivery or possession, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder. If such written notice is not received by Lessee within said period, Lessee’s right to cancel shall terminate. In addition to the foregoing, if Lessor does not deliver possession of the Premises to Lessee on or before the Commencement Date, then Lessee shall receive a rent credit equal to one and one-half days of the rent payable hereunder for each day after the Commencement Date that Lessor does not deliver possession of the Premises to Lessee in the condition required herein,
Appears in 1 contract
Samples: Standard Industrial Commercial Single Tenant Lease (Accuride Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Leaselease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day Initials _____ 4 period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Multi Tenant Office Lease (Eye Dynamics Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot Landlord can deliver possession of the Premises to Lessee by the Early Possession DateTenant on said date and subject to paragraph 3.2.2, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, Tenant hereunder or extend the term hereof; but, but in such case, Lessee Tenant shall not, except as otherwise provided herein, not be obligated to pay rent Rent or perform any other obligation of Lessee Tenant under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Tenant, as hereinafter defined, provided, however, that if Landlord shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, Lessee as the same may be extended under the terms of a Work Letter, if any, executed by Landlord and Tenant, Tenant may, at its Tenant's option, by written notice in writing to Lessor Landlord within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, except that if such Tenant shall promptly reimburse Landlord for all costs incurred for Non-Standard Improvements and Landlord shall return any money previously deposited by Tenant (less any offsets due Landlord for Non-Standard Improvements). If Tenant's written notice of Lessee is not received by Lessor Landlord within said ten (10) day period, LesseeTenant's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If Landlord, for any reason Lessor whatsoever, cannot deliver possession of the Premises to Lessee Tenant on or before the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions ("ESTIMATED COMMENCEMENT DATE"), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord tenders possession of the Premises in accordance with Section 3.1(b) above, except that if Landlord cannot so tender possession of the Premises on or before the Estimated Commencement Date due to any action or inaction of Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall be deemed to have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. Notwithstanding anything to the contrary contained in this Section 3.2, if for any reason other than "Tenant Delays" (as defined in the Work Letter attached hereto), or other matters beyond Landlord's reasonable control, the actual Commencement Date has not occurred by the Early Possession date that is one hundred twenty (120) days following the Estimated Commencement Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specifiedthen Tenant may, by written notice to Landlord given at any time thereafter but prior to the actual occurrence of the Commencement Date, Lessor shall not be subject elect to any liability therefor, nor shall such failure affect the validity of terminate this Lease. Notwithstanding the foregoing, if at any time during the construction period, Landlord reasonably believes that the Commencement Date will not occur on or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty before one hundred twenty (60120) days after following the Estimated Commencement Date, Lessee may, at its option, by notice Landlord may notify Tenant in writing to Lessor of such fact and of a new outside date on or before which the Commencement Date will occur, and Tenant must elect within ten (10) days after of receipt of such notice to either terminate this Lease or waive its right to terminate this Lease provided the end of said sixty (60) day period, cancel Commencement Date occurs on or prior to the new outside date established by Landlord in such notice to Tenant. Tenant's failure to elect to terminate this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if Lease within such written notice of Lessee is not received by Lessor within said ten (10) day period, Lesseeperiod shall be deemed Tenant's waiver of its right to cancel terminate this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by provided in this Lease and Lessee does not terminate this Lease, paragraph as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereofprevious outside date, but minus any days of delay caused not as to the new outside date established by the acts, changes or omissions of Lesseesaid notice.
Appears in 1 contract
Samples: Lease (Endocare Inc)
DELAY IN POSSESSION. If Notwithstanding the Commencement Dates specified in Section 1.11, if for any reason Lessor Landlord cannot deliver possession of the Premises to Lessee by the Early Possession DateTenant on said dates, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee Tenant hereunder; provided, or extend the term hereofhowever, but in such a case, Lessee Tenant shall not, except as otherwise provided herein, not be obligated to pay rent or additional rent or perform any other obligation of Lessee Tenant under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Tenant. Notwithstanding anything herein to the contrary, if Landlord shall not delivered deliver the Premises A to Lessee within sixty Tenant on or before one hundred twenty (60120) days after the Commencement Dateexecution of this Lease by Tenant, Lessee mayTenant, at its optionelection, by notice in writing shall have the right to Lessor within ten terminate this Lease as to the Premises A thirty (1030) days after the end giving of said sixty such notice, and this Lease shall terminate as to Premises A thirty (6030) day period, cancel this Lease, in which event days thereafter (the parties shall be discharged from all obligations hereunder"Premises A Early Termination Date"); provided furtherprovided, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day periodthe Premises A shall be tendered to Tenant prior to the Premises A Early Termination Date, Lessee's right to cancel the termination shall be null and void and this Lease hereunder shall terminate remain in full force and effect as to Premises A. If Tenant exercises its right of early termination as provided above, such exercise shall be of no further force Tenant's sole and exclusive remedy, at law or effect. Except in equity, for Landlord's failure to deliver the Premises A to Tenant as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required contemplated by this Lease and Lessee does not terminate this Lease, as aforesaid, provided Landlord shall have returned to Tenant the period free of the obligation to pay Base RentSecurity Deposit, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal previously delivered to Landlord by Tenant with respect to Premises A. Notwithstanding anything herein to the period during which contrary, if Landlord shall not deliver the Lessee would Premises B to Tenant on or before one hundred twenty (120) days after November 1, 2000_, Tenant, at its election, shall have otherwise enjoyed under the terms hereofright to terminate this Lease as to the Premises B thirty (30) days after the giving of such notice, but minus any and this Lease shall terminate as to Premises B thirty (30) days thereafter (the "Premises B Early Termination Date"); provided, however, if the Premises B shall be tendered to Tenant prior to the Premises B Early Termination Date, the termination shall be null and void and this Lease shall remain in full force and effect as to Premises B. If Tenant exercises its right of delay caused early termination as provided above, such exercise shall be Tenant's sole and exclusive remedy, at law or in equity, for Landlord's failure to deliver the Premises B to Tenant as contemplated by this Lease provided Landlord shall have returned to Tenant the actsSecurity Deposit, changes or omissions of Lessee.if any, previously delivered to Landlord by Tenant with respect to Premises B.
Appears in 1 contract
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of Initials _____ 4 possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Multi Tenant Office Lease (Eye Dynamics Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall will be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. As used herein, the phrase "deliver possession" shall mean and refer to the delivery of the building shell of the Premises as it exists as of the date of execution hereof. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty thirty (6030) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty such thirty (6030) day period, cancel this Lease, in which event the parties Parties shall be discharged from all further obligations hereunder; provided further, however, that if and Lessor shall refund Lessee's deposits hereunder. If such written notice of Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Introbiotics Phamaceuticals Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered by November 1, 2000, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Skechers Usa Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor or shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation obligations of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, . nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until unfit Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; , provided further, however, that if If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4. or, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers deliver possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Guitar Center Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, *Lessee may, at its option, by notice in *See Addendum #2 writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Deltapoint Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Imagemax Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.41.4 or, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty ([30, 60) ?] days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Single Tenant Lease (Informix Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the The Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Bikers Dream Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if it possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease Gross (Embedded Support Tools Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, specified by the Commencement Date, Lessor shall not be subject to any liability therefor, therefor nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, hereunder or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten then (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's Lessees right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except , except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, Lease as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. 4
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Farah Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations obligation of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee within possession of the Premises with sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, ??? Lessee's 25 option by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in In such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however. that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its option, Lessee's option by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, provided, however, that, as to Lessee's obligation, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligation, Lessor shall return any money previously deposited by lessee (less any offsets due Lessor for Non-Standard improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor lessor within said ten (10) day period, Lesseelessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If In the event that the Premises are not ready for Tenant's occupancy at the time herein fixed for the beginning of the Term because of any alterations or construction now or hereafter being performed either to the Premises or to the Building of which the Premises form a part (unless such alterations are being done by Tenant or Tenant's contractor, or unless the delay in completing such alterations was caused by Tenant in which case there shall be no suspension or proration of rent or other sums), or because of the non-completion of the Building of which the Premises form a part, or because Landlord being itself a tenant of the same Premises has not received possession thereof from its landlord for any reason Lessor canwhatsoever, or because of the failure or refusal of the occupant of the Premises who is or may be in possession immediately before the beginning of the Term hereof vacate and surrender up the same, or because of any of any restrictions, limitations or delays caused by government regulations or governmental agencies, this Lease and the Term hereof shall not be affected thereby, nor shall Tenant be entitled to make any claim for or receive any damages whatsoever from Landlord, and the Term hereof shall nevertheless end on the date herein originally fixed, but no rent herein provided to be paid by Tenant shall become due until the Premises are substantially completed, and until that time the rent shall be suspended and pro-rated. Notwithstanding anything to the contrary contained in the Lease, if Landlord is not able to deliver possession of the Premises to Lessee Tenant (for any reason other than a reason caused by the Early Possession DateTenant) by September 30, if one is specified in Paragraph 1.41999, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate deemed null and be void and of no further force or effect. Except as may be otherwise provided, Landlord shall return to Tenant the Security Deposit and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease Landlord and Lessee does not terminate Tenant shall each there upon release one another from any and all obligations under this Lease, as aforesaid, .
A. BUILDING NAME. To name the period free Building and to change the name or street addresses of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeBuilding.
Appears in 1 contract
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee case Lessor shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes change or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Staar Surgical Company)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers ["d________s" - word(s) not readable due to hole punched in page] possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after alter the Commencement Date, . Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.. See Addendum P. 3.3
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Aetrium Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, ; as aforesaid, the period free of the obligation to pay Base Bay Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Deltagen Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor no shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing. See Addendum Paragraphs 54 and 55.
Appears in 1 contract
Samples: Lease Agreement (Luminent Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to delivery possession as agreed, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, . Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten thirty (1030) days after the end of said such sixty (60) day period, cancel this Leaselease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten thirty (1030) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 1 contract
Samples: Standard Industrial/Commercial Multi Tenant Lease (Navarre Corp /Mn/)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option_____, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged ____ from all obligations hereunderobligation thereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Multi Tenant Industrial Lease (American Medical Systems Holdings Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses FULL SERVICE-GROSS REVISED Initials [Illegible] Lessor for all costs incurred for Non-Standard improvements which are those improvements Lessor has not approved and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, LesseeLessor's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Office Lease (Superior National Insurance Group Inc)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in on said date and subject to Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date3.2.2, Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof; but, but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, may at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, thereafter cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or of effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Office Lease (Nettaxi Inc)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, Date if one is specified in Paragraph 1.4. or, or if no Early Possession Date is specified, by the Commencement Date, . Lessor shall not be subject to any liability therefortherefore, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, . but in such case, . Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, . at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, . in which event the parties Parties shall be discharged from all obligations hereunder; provided further, provided. however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, . Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. effect Except as may be otherwise provided, and regardless of when the Original Term term actually commences, . if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the . The period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (William Lyon Homes)
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any INITIALS [ILLEGIBLE] INITIALS [ILLEGIBLE] FULL SERVICE--GROSS REVISED -C- 1984 American Industrial Real Estate Association offsets due Lessor for Non-Standard improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is tendered to Lessee, as ã1984 - American Industrial Real Estate Association FULL SERVICE-GROSS Initials: /s/ [ILLEGIBLE] hereinafter defined; provided, however, that a Lessor shall not have delivered to Lessee possession of the Premises within sixty (60) days after the following said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at its Lessee’s option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee’s obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor’s obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
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DELAY IN POSSESSION. If for any reason Lessor cannot agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers it receives possession of the Premises to LesseePremises. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said such sixty (60) day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If possession of the Premises is not delivered within four (4) months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
Appears in 1 contract
Samples: Sublease Agreement (Andromedia Inc)
DELAY IN POSSESSION. If for any reason Lessor canreason, other than Tenant Delays, Landlord has not deliver possession of Substantially Completed the New Tenant Improvements in the Second Expansion Premises to Lessee by the Early Possession Datelater of (i) April 1, if one is specified in Paragraph 1.42012, or if no Early Possession Date (ii) the date that is specifiedone hundred eighty (180) days after the date the Construction Plans (as defined in Exhibit B) for the New Tenant Improvements have been finally approved by Landlord and the bidding process described in Section 3.4 of Exhibit B has been completed (the “Estimated Completion Date”), by the Commencement Dateexcept as hereinafter provided, Lessor Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of the Lease or this LeaseSecond Amendment, or the obligations of Lessee hereunderTenant, or extend the term Term hereof. Notwithstanding the foregoing, but if the delay in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession Substantial Completion of the New Tenant Improvements in the Second Expansion Premises results from a Tenant Delay, or if the New Tenant Improvements shown on the Construction Plans therefor cannot reasonably be expected to Lessee. If possession be completed within the later of April 1, 2012 or said one hundred eight (180) day period on account of the Premises materials specified in the Construction Plans being back ordered and/or not otherwise available when needed (and Tenant, after consultation with Landlord, does not wish to substitute other materials(s) for such backordered or unavailable item(s)), or the work specified is not delivered standard office improvements (collectively, “Permitted Delays”, such term, however, shall exclude delays resulting from “Code Compliant Work” to Lessee within the “Exterior Areas”, as such terms are defined in Exhibit B attached hereto), the Second Expansion Commencement Date shall be April 1, 2012, subject to extension for any Landlord Delay. In addition to the above, if Landlord has not Substantially Completed the New Tenant Improvements in the Second Expansion Premises, for reasons other than Tenant Delays, Force Majeure Delays (as defined in Exhibit B) or Permitted Delays, by the date that is sixty (60) days after following the Commencement Datelater of the Estimated Completion Date or April 1, Lessee may2012, Tenant, at its Tenant’s option, exercised by written notice in writing to Lessor within Landlord given no later than ten (10) days after the end expiration of said such sixty (60) day period (the “Outside Completion Date”), may elect to exercise one of the following remedies as its sole and exclusive remedy for such delay:
(i) To notify Landlord that Tenant elects to have an abatement of Monthly Base Rent, for just the Second Expansion Premises but not the Current Premises, of one day of Monthly Base Rent for each day after the Outside Completion Date until Substantial Completion of the New Tenant Improvements occurs with such abatement being applied towards Monthly Base Rent first coming due for the Second Expansion Premises; or
(ii) To take over and complete the New Tenant Improvements on its own with the remaining costs therefor (up to a total of the amount of Landlord’s Allowance and to the extent applicable HVAC Allowance for the HVAC Work, as such terms are defined in Exhibit B attached hereto, but less costs already paid by Landlord for the New Tenant Improvements or HVAC Work as the case may be) to be reimbursed to Tenant by Landlord within thirty (30) days of receipt by Landlord of an invoice from Tenant for such costs, accompanied by customary documentation supporting the charges for completion of such work, which documentation is of a scope and detail sufficient to satisfy a commercial construction lender operating in the market area in which the Building is located and which shall include copies of paid invoices from Tenant’s contractor, paid invoices for materials, equipment, moving and/or installation charges, and lien waivers. If such option under this paragraph (ii) is chosen, Landlord shall reasonably cooperate with Tenant to accommodate Tenant’s contractor, and as otherwise reasonably necessary for Tenant to complete the New Tenant Improvements. If Landlord fails to reimburse Tenant for such costs (up to the limit set forth herein) within such thirty-day period, cancel this Lease, in which event Tenant shall have the parties shall be discharged from all obligations hereunderright to offset unreimbursed costs against Monthly Base Rent for the Second Expansion Premises; provided furtherprovided, however, that if Tenant shall not be entitled to offset more than 20% of any particular installment of Monthly Base Rent. Except for the remedies specifically set forth in this Section, which are Tenant’s sole remedies for the failure of the New Tenant Improvements to be Substantially Complete by the Estimated Completion Date, Landlord shall not be subject to any liability therefor, nor shall such written notice failure affect the validity of Lessee is not received by Lessor within said ten (10) day periodthe Lease or this Second Amendment, Lessee's or the obligations of Tenant hereunder, and Tenant waives any right to cancel rescind this Lease hereunder shall terminate and be of no further force or effect. Except as to recover from Landlord any damages, direct or indirect, which may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run result from the date failure of delivery of possession and continue for a period equal Landlord to timely substantially complete the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of LesseeNew Tenant Improvements.
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Samples: Lease (Acme Packet Inc)
DELAY IN POSSESSION. If for any reason Subject to the terms of Exhibit “C” hereto, Lessor cannot agrees to use commercially reasonable efforts to deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or change the obligations of Lessee hereunder, or extend the term hereof, but in such case, Expiration Date. Lessee shall not, except as otherwise provided hereinhowever, be obligated to pay rent Rent or perform any its other obligation of Lessee under the terms of this Lease obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of the delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed, but minus any days of delay caused by the acts or omissions of Lessee. If , subject to Addendum Paragraph 59 and/or Exhibit “C”, possession of the Premises is not delivered to Lessee within sixty (60) 60 days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) 10 days after the end of said sixty (60) such 60 day period, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided further, however, that if . If such written notice of Lessee is not received by Lessor within said ten (10) 10 day period, Lessee's ’s right to cancel this Lease hereunder shall terminate and be of no further force or effectterminate. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease the Start Date and Lessee does not terminate this Lease, as aforesaid, the any period free of the obligation to pay Base Rent, if any, rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes acts or omissions of Lessee. If , subject to Addendum Paragraph 59 and/or Exhibit “C”, possession of the Premises is not delivered within 4 months after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
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Samples: Standard Industrial/Commercial Multi Tenant Lease (Nexsan Corp)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee as agreed herein by the Early Possession Date, if one is specified in Paragraph 1.4, or or, if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, may at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties Parties shall be discharged from all obligations hereunder; provided furtherprovided, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the what Lessee would otherwise have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
Appears in 1 contract
Samples: Standard Industrial/Commercial Tenant Lease Net (Emergent Group Inc/Ny)
DELAY IN POSSESSION. If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises Premise to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event even the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions omission of Lessee.
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DELAY IN POSSESSION. If Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Dateon said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, Lease or the obligations of Lessee hereunder, hereunder or extend the term hereof, ; but in such case, Lessee shall not, except as otherwise provided herein, not be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease Lease, except as may be otherwise provided in this Lease, until Lessor delivers possession the Commencement Date; provided, however, that if Tender of Possession of the Premises to Lessee. If possession of the Premises is not delivered by Lessor to Lessee within sixty does not occur on or prior to December 31, 2000 (60which date may be extended for force majeure events) days after the Commencement ("Cancellation Date, ") Lessee may, at its Lessee's option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day periodthereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non-Standard Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-Standard Improvements); and provided further, however, that if such written notice of by Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.
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