Delay of Commencement Date. Landlord shall not be liable for any damage or loss incurred by Tenant for Landlord's failure for whatever cause to deliver possession of the Premises by any particular date (including the Commencement Date), nor shall this Lease be void or voidable on account of such failure to deliver possession of the Premises; provided that if Landlord does not deliver possession of the Premises to Tenant by the date which is ninety (90) days from the date this Lease is executed by both parties, Tenant shall have the right to terminate this Lease by written notice delivered to Landlord within five (5) days thereafter, and Landlord and Tenant shall be relieved of their respective obligations hereunder; provided further that said ninety (90) day period shall be extended by the number of days work on the Premises is delayed due to fault or neglect of Tenant, acts of Tenant or Tenant's agents, or due to acts of God, labor disputes, strikes, fires, rainy or stormy weather, acts or failures to act of public agencies, inability to obtain labor or materials, earthquake, war, insurrection, riots and other causes beyond Landlord's reasonable control, excluding, however, delays caused solely by Landlord, its agents, employees, contractors or invitees.
Delay of Commencement Date. Notwithstanding the Commencement Date provided in the Lease, Tenant’s obligation for the payment of monthly installments of Rent thereunder shall not commence until Substantial Completion; provided however, that if Landlord shall be delayed in substantially completing such Tenant Improvements as a result of any of the following, which shall be deemed a “Tenant Delay”:
(a) Tenant’s failure to return approved Space Plans, Working Drawings and/or cost estimates; or
(b) Tenant’s request for materials, finishes or installations which are not readily available; or
(c) Tenant’s changes in the Space Plans or Working Drawings; or
(d) The non-performance by a person, firm or corporation employed by Tenant and delay of completion of the Tenant Improvements by such person, firm or Corporation; or
(e) Any other matter which is deemed to be a Tenant Delay pursuant to the terms of the Workletter; then Tenant shall pay to Landlord one day worth of the monthly Rent for each day of Tenant Delay to the extent that the Tenant Delay causes a delay in the Substantial Completion so long as, with respect to each occurrence of Tenant Delay, Tenant has been provided written notice thereof promptly after such Tenant Delay commences.
Delay of Commencement Date. Tenant will take possession of the Premises as of and on the Commencement Date. Landlord has not agreed or represented that the Premises will be substantially ready for occupancy on a specific date. This Lease shall continue in full force and effect, and no liability shall arise against Landlord, because of any delay in the completion of Landlord’s Work; provided, however, that all Rent due hereunder shall xxxxx on a per diem basis and the Commencement Date shall be deferred until the Substantial Completion Date. Notwithstanding anything contained in this Work Letter to the contrary, there shall be no abatement of Rent and no deferral of the Commencement Date if Landlord’s Work is not substantially complete due to any special equipment, fixtures or materials, changes, alterations or additions requested by Tenant or the delay or failure of Tenant in supplying information or approving or authorizing any applicable plans, specifications, estimates or other matters, or any other act or omission of Tenant (“Tenant’s Delay”). In the event the Substantial Completion Date is delayed due to one or more Tenant Delays, then the Substantial Completion Date shall be modified to be the earlier of the Substantial Completion Date or the date Landlord’s Work would have been complete but for any Tenant Delays and Monthly Base Rent and Adjustments will commence accordingly. If Tenant shall occupy all or any part of the Premises prior to the Commencement Date, all of the covenants and conditions of this Lease, including the obligation to pay Rent, shall be binding upon the parties hereto in respect to such occupancy as if the first day of the Term had been the date when Tenant began such occupancy.
Delay of Commencement Date. Landlord shall not be liable for any damage or loss incurred by Tenant for Landlord's failure for whatever cause to deliver possession of the Premises by any particular date (including the Commencement Date), nor shall this Lease be void or voidable on account of such failure to deliver possession of the Premises; provided that if Landlord does not deliver possession of the Premises to Tenant by the date which is ninety (90) days following the date the Commencement Date of this Lease, Tenant shall have the right to terminate this Lease by written notice delivered to Landlord within ten (10) days thereafter, and Landlord and Tenant shall be relieved of their respective obligations hereunder. If the Commencement Date is delayed beyond the date set forth in Paragraph 1.6 above (i.e. May 1, 2000) because Landlord is not able to deliver possession of the Premises to Tenant on or before such date, then (i) Tenant shall not be obligated to pay Rent under this Lease until possession of the Premises is delivered to Tenant, (ii) the Commencement Date shall be extended to the date Landlord delivers possession of the Premises to Tenant (but in no event shall such Commencement Date be extended later than six months from May 1, 2000), and (iii) all dates that are keyed off of the Commencement Date (such as the Ending Date) shall be extended by the same number of days as the Commencement Date is extended.
Delay of Commencement Date. Notwithstanding anything to the contrary contained in the Lease or this Agreement, the date stated in Item 8 of the Basic Lease Provisions for commencement of the Lease term (i.e., March 1, 1997) shall be deferred (i.e., pushed later in time) by a number of days equal to the number of days of delay in Substantial Completion (as defined below) of Tenant's Work that is caused by any Landlord Delay, as defined below.
Delay of Commencement Date. To the extent that there is an unexcused delay of Commencement Date beyond the specified anticipated Commencement Date in the Notice to Proceed in Section 9.02 resulting from actions or inactions of Buyer and/or any contractor of Buyer (other than Electric Customer or Seller), and if such delay exceeds two Months, Buyer shall pay to Seller as liquidated damages $42,500 per Day for each Day that the delay continues beyond two Months until the actual Commencement Date.
Delay of Commencement Date. Landlord shall not be liable for any damage or loss incurred by Tenant for Landlord's failure, for whatever cause, to deliver possession of the Premises, provided that if the Delivery Date does not occur by February 28, 2001, Tenant shall have the right to terminate this Lease by written notice delivered to Landlord within five (5) days thereafter, Landlord and Tenant shall be relieved of their respective obligations hereunder and Landlord shall return to Tenant the Security Deposit and the first month's Rent paid by Tenant.
Delay of Commencement Date. Landlord shall not be liable for any damage or loss incurred by Tenant for Landlord's failure for whatever cause to deliver possession of the Premises by the Commencement Date nor shall this Lease be void or voidable on account of such failure to deliver possession of the Premises; provided that if Landlord does not deliver possession of the Premises to Tenant by the date which is sixty (60) days from the date this Lease is executed by both parties, Tenant shall have the right to terminate this Lease by written notice delivered to Landlord within five (5) days thereafter, and Landlord and Tenant shall be relieved of their respective obligations hereunder.
Delay of Commencement Date. The Commencement Date shall occur as provided in Section 3 of the Lease, provided that the Commencement Date shall be extended by the number of days of delay of the Substantial Completion of the Tenant Improvements and/or Tenant’s move into the Premises to the extent caused by a Commencement Date Delay (as that term is defined below). As used herein, the term “
Delay of Commencement Date. Landlord shall not be liable for any damage or loss incurred by Tenant for Landlord’s failure for whatever cause (other than Landlord’s gross negligence or willful misconduct) to deliver possession of the Premises by a particular date (including the Commencement Date), nor shall this Lease be void or voidable on account of such failure to deliver possession of the Premises unless the Commencement Date has failed to occur by April 1, 2007, as extended by a Force Majeure Delay(s) or a breach on Tenant’s part or a Tenant Delay(s), in which event, as Tenant’s sole remedy for such failure to deliver possession of the Premises, Tenant shall have the right to terminate this Lease upon written notice to Landlord given on or before the thirtieth (30th) day after said date. Time is of the essence as to such termination notice. In no event, under any circumstances shall Landlord be liable to Tenant for any consequential damages, including, lost profits, loss of business or lost income, resulting from the failure to deliver possession of the Premises to Tenant by any particular date.
