Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, 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 delivers possession of the Premises and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s failure to so deliver possession is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s). Subject to the foregoing, the Premises shall be deemed ready for occupancy if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver Landlord shall be unable to give possession of the Demised Premises on the date on which Landlord and Tenant expected the Term to Tenant on or before the Estimated Commencement Date set forth in Item 4 commence by reason of the Basic Lease Provisions, this Lease shall not be void fact that the Property 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 delivers possession of the Premises and the Demised Premises are in fact ready for occupancy as defined below, except that if Landlord’s failure being constructed and have not been sufficiently completed to so deliver possession is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in make the Work Letter, if any, attached to this Lease), then the Demised Premises shall be deemed ready for occupancy, and or by reason of the fact that a certificate of occupancy has not been procured, or if Landlord is unable to give possession by reason of the holding over or retention of possession of a previous tenant or occupant, or its repairs, improvements or decoration of the Demised Premises, or of the Property are not completed, Landlord shall not be entitled subject to full performance any liability for the failure to give possession on said date. Under such circumstances, and except as otherwise provided herein, the rent reserved and covenanted to be paid herein shall not commence until the possession of Demised Premises is given or the Demised Premises are available for occupancy by Tenant (including the payment of rent), as and no such failure to give possession of the date Landlord would have been able of commencement shall in any other respect affect the validity of this Lease or the obligations of Tenant hereunder, nor shall same be construed in any way to deliver extend the Premises Term of this Lease. If permission is given to Tenant but for Tenant’s delay(s). Subject to enter into the possession of the Demised Premises prior to the foregoingdate specified as the commencement of the Term of this Lease, the Premises Tenant covenants and agrees that such occupancy shall be deemed ready for occupancy if and when Landlord, to the extent applicable, (a) has put into operation be under all building services essential for the use of the Premises by Tenantterms, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interferenceconditions, (c) has substantially completed all the work required to be done by Landlord in covenants and provisions of this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, 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 delivers possession of the Premises with the Tenant Improvements substantially completed and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s failure to so deliver possession is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to deliver the Premises to Tenant with the Tenant Improvements substantially completed therein but for Tenant’s delay(s). Subject to the foregoing, the Premises shall be deemed ready for occupancy if and when Landlord, to the extent applicable, (a) has put into operation and good working order and condition all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease ProvisionsDate, 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 delivers possession of the Premises and the Premises are in fact ready available for Tenant's occupancy with any Tenant Improvements that have been approved as defined belowper Section 3.1(a) above, except that if Landlord’s 's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises shall be deemed ready for occupancyis tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of ) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s 's delay(s). Subject to the foregoing, the Premises shall be deemed ready for occupancy if and when If Landlord, for any reason other than Landlord's inability to the extent applicableperform as contemplated under Section 20.9, (a) has put into operation all building services essential for the use below, cannot deliver possession of the Premises to Tenant on or before a date six (6) months following the Estimated Commencement Date, Tenant shall have the right to terminate this Lease by Tenant, (b) has provided reasonable access giving written notice to Landlord at any time after such date but prior to Landlord's delivering possession of the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancy.

DELAY IN POSSESSION. If (a) Subject to subsection (b) below, if Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease ProvisionsDate, 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 delivers possession of the Premises and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s 's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises shall be deemed ready for occupancyis tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of ) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s 's delay(s). Subject to the foregoing, the The Premises shall be deemed ready for occupancy upon the tendered date, but only if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s 's occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease ProvisionsDate, then subject to Section 3.4 below, 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 delivers possession of the Premises and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s 's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises shall be deemed ready for occupancyis tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of ) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s 's delay(s). Subject to the foregoing, the The Premises shall be deemed ready for occupancy upon the tendered date, but only if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s 's occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease ProvisionsDate, 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 delivers possession of the Premises and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s 's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises shall be deemed ready for occupancyis tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of ) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s's Delay(s). Subject to the foregoing, the The Premises shall be deemed ready for occupancy upon the tendered date, but only if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s 's occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease ProvisionsDate, 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 delivers possession of the Premises and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s 's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises shall be deemed ready for occupancyis tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of ) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s 's delay(s). Subject to the foregoing, the The Premises shall be deemed ready for occupancy upon the tendered date, but only if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s 's occupancy.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date as set forth in Item 4 of the Basic Lease ProvisionsProvisions ("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 delivers tenders possession of the Premises and the Premises are in fact ready for occupancy as defined belowaccordance with Section 3.1(b) above, except that if Landlord’s failure to Landlord cannot so deliver tender possession is attributable of the Premises on or before the Estimated Commencement Date due to any action or inaction by of Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Premises Commencement Date shall be deemed ready for occupancy, to have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of ) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant’s delay(s)'s action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any. Subject to Notwithstanding the foregoing, the Premises shall be deemed ready for occupancy however, if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use Landlord cannot deliver possession of the Premises to Tenant within ninety (90) days following the Estimated Commencement Date, then Tenant shall have the right to terminate this Lease by Tenant, (b) has provided reasonable access written notice to Landlord given thereafter but prior to Landlord's delivery of the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancyPremises.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease Provisions, 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 until the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are occurs as provided in fact ready for occupancy as defined belowSection 3.1 above, except that if Landlord’s failure to so deliver possession substantially complete all work required of Landlord pursuant to Section 3.1(i) above is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant’s delay(s). Subject Notwithstanding anything to the foregoingcontrary contained in this Section, 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 Premises actual Commencement Date has not occurred by August 1, 2016 (the “Outside Date”), then Tenant shall be deemed ready entitled to a rent abatement following the Commencement Date in an amount equal to one day’s per diem Basic Rent payable under this Lease for occupancy if every day in the period beginning on the Outside Date and when Landlord, to ending on the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancy.actual Commencement Date. IOPLEGAL-4-47 - 242884 - 0.1

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date set forth in Item 4 of the Basic Lease ProvisionsDate, 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 delivers possession of the Premises and the Premises are in fact ready for occupancy as defined below, except that if Landlord’s failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Premises Commencement Date shall be deemed ready for occupancyto have occurred, and Landlord shall be entitled to full performance by Tenant Xxxxxx (including the payment of rent), as of the date Landlord would have been able to deliver the Premises to Tenant but for TenantXxxxxx’s delay(s). Subject to the foregoing, the The Premises shall be deemed ready for occupancy upon the tendered date, but only if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of the Premises by Tenant, (b) has provided reasonable access to the Premises for Tenant so that they may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Lease, and (d) has obtained requisite governmental approvals to Tenant’s occupancy.