Common use of Delay of Commencement Date Clause in Contracts

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 will take for Landlord's failure for whatever cause to deliver possession of the Premises as of and on 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 has does not agreed or represented that deliver possession of the Premises will be substantially ready for occupancy on a specific date. This 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 shall continue in full force and effectby written notice delivered to Landlord within ten (10) days thereafter, and no liability Landlord and Tenant shall arise against Landlordbe relieved of their respective obligations hereunder. If the Commencement Date is delayed beyond the date set forth in Paragraph 1.6 above (i.e. January 1, 2000) because Landlord is not able to deliver possession of any delay in the completion Premises to Tenant on or before such date, then (i) Tenant shall not be obligated to pay Rent under this Lease until possession of Landlord’s Work; providedthe Premises is delivered to Tenant, however, that all Rent due hereunder shall xxxxx on a per diem basis and (ii) the Commencement Date shall be deferred until the Substantial Completion Date. Notwithstanding anything contained in this Work Letter extended to the contrarydate Landlord delivers possession of the Premises to Tenant (but in no event shall such Commencement Date be extended later than six months from January 1, there shall be no abatement of Rent 2000), and no deferral (iii) the all dates that are keyed off 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 (such as the Ending Date) shall be extended by Tenant or the delay or failure same number 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 days as the event the Substantial Completion Commencement 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 occupancyextended.

Delay of Commencement Date. Tenant will take possession The Commencement Date shall be delayed by one (1) day for each day of delay in substantial completion of the Premises as of and on the Commencement DateInitial Improvements that is caused by a Landlord Delay. The term "Landlord has not agreed or represented that the Premises will be substantially ready for occupancy on a specific date. This Lease Delay" shall continue in full force and effect, and no liability shall arise against Landlord, because of mean any delay in the substantial completion of the Initial Improvements to the extent caused by Landlord’s Work; provided's negligence, howeverwillful misconduct, or breach of its obligations under Section 9(c) of this Appendix C, or any other interruption in water or electrical service to the Premises, provided that all Rent due hereunder any such other interruption was not scheduled or caused by Tenant, its agents, employees or contractors during the course of construction.. Landlord shall xxxxx further use commercially reasonable efforts to avoid scheduling any non-emergency alterations or repairs to the Building or Project that would materially interfere with Tenant's construction activities. No Landlord Delay shall be deemed to have occurred until and unless Tenant has provided written notice to Landlord specifying the action or inaction that Tenant contends constitutes a Landlord Delay. If any such action or inaction properly identified is not cured prior to the expiration of the first business day following Landlord's receipt of such notice, then notwithstanding the provisions of Section 13G and Section 21 of this Lease, a Landlord Delay shall be deemed to have occurred commencing on the date such notice is received and continuing for the number of days substantial completion was in fact delayed as a per diem basis result of such action or inaction so identified. In addition, in the event that fire or other casualty causes delay in completion of the Initial Improvements (including any delay associated with any restoration of the Building(s) undertaken by Landlord pursuant to Section 9B of this Lease), and provided that such fire or other casualty was not caused by the negligence or willful misconduct of Tenant, its agents, employees, or contractors, then the Commencement Date shall be deferred until delayed for the Substantial Completion Date. Notwithstanding anything contained number of days that substantial completion of the Initial Improvements was in this Work Letter fact delayed as a result of such fire or other casualty; provided further, however, that no such delay due to the contrary, there fire or other casualty shall be no abatement of Rent and no deferral of the Commencement Date if Landlord’s Work is not substantially complete due deemed 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 have commenced until the earlier of the Substantial Completion Date or the date Landlord’s Work would have been complete but for any that (a) Tenant Delays and Monthly Base Rent and Adjustments will commence accordingly. If Tenant shall occupy all or any part has provided written notice to Landlord of the Premises prior occurrence and nature thereof, or (b) Landlord shall otherwise have received actual notice of the occurrence of such fire or other casualty. Nothing contained herein shall be deemed to affect either party's right to terminate this Lease following fire or casualty if and to the Commencement Date, all of the covenants and conditions extent permitted in Section 9A 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.