Common use of DELAY OF OCCUPANCY Clause in Contracts

DELAY OF OCCUPANCY. Owner's ability to provide the Exclusive Space and Unit in a timely fashion will depend on the availability of the Exclusive Space and Unit and current residents or roommates may not move out of the Exclusive Space or Unit in a timely fashion. If actual commencement of occupancy of the Exclusive Space or Unit is delayed, either by construction, repair, make ready, or holdover by a prior resident, Owner shall not be liable for damages by reason of such delay, but the rental will be abated per diem, and pro-rata, during the period of delay. The per diem rate under this provision shall be calculated by dividing the Total Rent by the number of lease days. Such delay will not affect any of the other terms of this Lease. If Resident does not move in once the Exclusive Space and Unit are ready, to the fullest extent allowed by applicable law, Owner may xxx to enforce this Lease and apply any deposits or monies of Resident in possession of Owner to damages and costs of reletting.