Delayed Occupancy. If Landlord fails to tender possession of the Premises to Tenant according to Paragraph 2 above on or before the Scheduled Commencement Date (as it may be extended for “Force Majeure Delays,” as defined in Paragraph 14 below), Landlord will not be in default or liable in damages to Tenant, nor will the obligations of Tenant be affected, provided, however, that: (a) the Commencement Date will be extended automatically by one day for each day of the period after the Scheduled Commencement Date to the day on which Landlord tenders possession of the Premises to Tenant according to Paragraph 2 above, less any portion of that period attributable to Tenant’s delays as more particularly described in Paragraph 15 below; and (b) if the Commencement Date (as it may be adjusted because of Tenant’s delays) has not occurred on or before the date that is: (i) 45 days after the Scheduled Commencement Date, then Tenant will receive one day of abated Base Rent for each day that elapses after the 45-day period until the Commencement Date occurs, which abatement shall apply to Base Rent payments first coming due after the Commencement Date; and (ii) 120 days after the Scheduled Commencement Date, then at any time within 10 business days after such date (but before Landlord has tendered possession of the Premises as provided under Paragraph 2), Tenant will have the right to give Landlord notice of Tenant’s intent to terminate the Lease (“Tenant’s Termination Notice”), and if Landlord has not tendered possession of the Premises on or before the date that is 30 days after the date Landlord receives Tenant’s Termination Notice, the Lease will automatically terminate at the close of business on the 30th day after the date Landlord receives Tenant’s Termination Notice. Upon a termination under Paragraph 4(b) above, each party will, upon the other’s request, execute and deliver an agreement in recordable form containing a release and surrender of all right, title and interest in and to the Lease; neither Landlord nor Tenant will have any further obligations to each other under the Lease; all improvements to the Premises will become and remain the property of Landlord; and Landlord will refund to Tenant all sums paid to Landlord by Tenant in connection with the Lease, including, without limitation, any payments to Landlord of construction costs for the Premises. The extension of the Commencement Date and Tenant’s
Delayed Occupancy. If possession of the lease premises is not delivered to Lessees at the beginning of the term because the same are not ready for occupancy or because of the holding over of any previous occupant of said premises, Lessor shall not be liable in damages to Lessee therefore, but during the period Lessee shall be unable to occupy the leased Premises, the rental therefore shall be abated. If the Lessor is not able to deliver possession to Lessee within 15 days of the date for the commencement of said term, Lessees may cancel and terminate lease and demand return of deposits and advance rent paid.
Delayed Occupancy. 3.3.1 If Landlord shall be unable to give possession of the Premises to Tenant on the Commencement Date by reason of the fact that the Premises are not ready for occupancy, or by reason of the failure of a prior tenant or occupant thereof to vacate the Premises or deliver possession of the Premises to Landlord, or for any other reason, Landlord shall not be subjected to any damages or other liability, or be deemed in default under this Lease, for the failure to give possession of the Premises on such date. No such failure to give possession of the Premises on any specific date shall affect the validity of this Lease or the obligations of Tenant hereunder or be deemed to extend the Term, but the Rent Commencement Date shall be postponed one (1) day for each day after the Commencement Date that possession of the Premises is not delivered to Tenant; provided, however, that if such failure to give possession has been caused by any act or omission of Tenant, there shall be no corresponding abatement of Rent or postponement of the Rent Commencement Date. Subject to the foregoing, Landlord shall not be subject to any liability for any delay in completing any repairs, improvements or decorations expressly required to be made to the Premises by Landlord.
3.3.2 Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to Section 223-a of the Real Property Law of the State of New York or any other law of like import now or hereafter in force, and the provisions of this Section 3.3 are intended to constitute an “express provision to the contrary” within the meaning of such Section of the Real Property Law of the State of New York.
Delayed Occupancy. (a) Landlord and Tenant will use reasonable efforts to work jointly to ensure that the Landlord’s Improvements and Tenant’s Improvements are completed in the most efficient and expeditious manner.
(b) Landlord will endeavour to have the Building sufficiently constructed by June 9, 1997 so that it is sufficiently watertight and complete to permit commencement of construction of tenant improvement architectural trade installations and finishes and to allow a continuity of construction from then on. If the Building is not in such condition by June 9, 1997, then anything to the contrary In this Lease notwithstanding, the Commencement Date will be delayed one day for each day after June 9, 1997 until Landlord achieves such condition. This subsection (b) supersedes Section 10.1(c) of the Offer to Lease which shall hereafter be of no force or effect.
(c) if, after Landlord’s construction of the Building to the condition referred to in subsection (b) above and before the Commencement Date, Landlord’s construction of Landlord’s improvements is delayed by force majeure as described in paragraph 13.1 herein, as a direct result of such delay Tenant’s completion of Tenant’s Improvements is delayed beyond the Commencement Date, then anything to the contrary in this Lease notwithstanding, the Commencement Date will be delayed one day for each day that Tenant is so delayed.
Delayed Occupancy. If possession of the leased premises is not delivered to tenant at the beginning of the above-specified term because a prior tenant has refused to timely vacate the leased premises, or otherwise uninhabitable due to necessary major repairs. The Owner shall not be liable for any damages to tenant for failure to deliver possession. However, tenant shall not be liable to Owner for any rent during the period tenant is unable to occupy the leased premises. If Owner is not able to deliver possession to tenant within thirty (30) days of the above dated named for commencement of the rental period, tenant, at his or her option may cancel and terminate the Lease by giving Owner written notice of termination.
Delayed Occupancy. If the UG does not tender possession of the Grocery Store to Manager according to Paragraph 2 above on or before the Outside Completion Date (plus any period of delay caused by Manager's delays as described in Paragraph 12 below or due to Force Majeure), the UG will not be in default or liable in damages to Manager, nor will the obligations of Manager be affected.
Delayed Occupancy. In the event that Landlord is prevented from completing the alterations and improvements described in Exhibit “B” due to the failure of the prior tenant to surrender possession of the Premises to the Landlord, work stoppages, labor controversies, accidents or other causes beyond the reasonable control of Landlord, Landlord shall not be liable to Tenant for damages by reason thereof, nor shall Tenant be relieved from any obligation under this Lease, but the rental shall xxxxx based on the above schedule (a pro-rated monthly installment shall be calculated on a 30 day month) until the said alterations and improvements are completed. In such event, the term of this Lease shall automatically be extended so as to include the full number of months provided for by this Lease.
Delayed Occupancy. In light of the minimal nature of the work to be completed by Landlord pursuant to Paragraph 4 of the Addendum, Landlord shall substantially complete Landlord’s Work and deliver the Premises to Tenant on or before the Commencement Date specified in the Basic Lease Provisions (Paragraph 1.2, "Section 3"). However, this Lease shall not be void or voidable, nor shall Landlord or its agents or contractors have any liability to Tenant, by reason of Landlord's failure to substantially complete Landlord's Work by the Commencement Date specified in the Basic Lease Provisions, and postponement of Tenant's rental obligation (and the rent abatement period accordingly) prior to delivery of possession of the Premises shall be Tenant's exclusive remedy and in sole satisfaction of all claims Tenant might otherwise have by reason of Landlords failure to deliver the Premises by the specified Commencement Date so long as the Premises are delivered to Tenant, with Landlord’s Work substantially complete, within five (5) business days of the Commencement Date specified in the Basic Lease Provisions.
Delayed Occupancy. The Seller shall not be liable to the Buyer for any damages or costs incurred as a result of a delay in occupancy of the Property for up to 90 days from the date of Seller’s Closing on the Property, so long as such delay was not the direct result of any intentional act or inaction of the Seller. During such delay, the Buyer shall not be responsible for the payment of any additional Monthly Payments, but payments shall promptly resume when the delay has been cleared and the Buyer informed of its ability to occupy the Property. Should occupancy of the Property be delayed for 91 days or longer, the Buyer may opt to terminate this Contract by delivering written notice to Seller, but Seller shall not be liable to the Buyer for any refunds, damages, or other expenses associated with the delay or this Contract.
Delayed Occupancy. In the event the property is not available for use by the Lessee upon the commencement date of the lease as provided in Section
