Common use of Delayed Occupancy Clause in Contracts

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 In the event that Landlord fails is prevented from completing the alterations and improvements described in Exhibit "B" due to tender the failure of the prior tenant to surrender possession of the Premises premise to the Landlord, work stoppages, labor controversies, accidents or other causes beyond the reasonable control of Landlord, Landlord shall not be liable to Tenant according to Paragraph 2 for damages by reason thereof, nor shall Tenant be relieved from any obligation under this Lease, but the rental shall be abated based on the above schedule (a pro-rated monthly installment shall be calculated on or before a PER DIEM BASIS) until the Scheduled Commencement Date (as it may 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 “Force Majeure Delays,” as defined in Paragraph 14 belowby this Lease. IN THE EVENT THAT LANDLORD FAILS ON OR BEFORE FEBRUARY 15,1997 TO DELIVER THE PREMISES WITH ALL OF THE ALTERATIONS AND IMPROVEMENTS SUBSTANTIALLY COMPLETED (EXCEPT FOR PUNCH LIST ITEMS), Landlord will not be in default or liable in damages to TenantAND PROVIDED TENANT HAS DELIVERED TO LANDLORD THREE (3) COPIES OF THE EXECUTED LEASE ALONG WITH FINAL APPROVAL OF THE FLOOR PLAN BY NOVEMBER 25. 1996, nor will the obligations of Tenant be affectedCONFIRMATION ON ALL ELECTRICAL, providedPLUMBING, howeverPIPING FOR AIR LINE, that: FLOOR FINISHES, ABOVE STANDARD HVAC AND EXHAUST SYSTEM REQUIREMENTS, TOGETHER WITH ALL MATERIAL SAFETY DATA SHEETS FOR CHEMICALS USED OR STORED, AND WAREHOUSE RACKING LAYOUT (aIF ANY) 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 aboveBY NOVEMBER 27. 1996. LANDLORD SHALL PAY TO TENANT'S CURRENT LANDLORD ANY HOLDOVER COSTS WHICH MAY BE INCURRED BY TENANT AS A RESULT OF THE DELAYED OCCUPANCY BEGINNING FEBRUARY 16.1997 UNTIL SUCH TIME AS PREMISES IS AVAILABLE FOR OCCUPANCY UNLESS DELAY WAS CAUSED BY TENANT, less any portion of that period attributable to Tenant’s delays as more particularly described in Paragraph 15 below; and THE VILLAGE OF VXXXXX HILLS, OR OTHER CONDITIONS WHICH WERE BEYOND THE CONTROL OF LANDLORD. SUCH PAYMENT OF HOLDOVER COSTS SHALL NOT EXCEED ONE THOUSAND (b$1,000.00) 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’sDOLLARS PER DAY.

Delayed Occupancy. If (a) Landlord fails to tender possession of the Premises to Tenant according to Paragraph 2 above shall Substantially Complete any Landlord's Work on or before the Scheduled Commencement Date (as it may be extended for “Force Majeure Delays,” as defined specified in Paragraph 14 below), Landlord will not be in default or liable in damages to Tenant, nor will the obligations of Tenant be affectedBasic Lease Provisions, provided, however, that: (a) that the Commencement Date will for purposes of Landlord's obligation with respect to Landlord's Work shall be extended automatically by one (1) day for each day (i) that the Lease is not fully executed by August 22, 1994, (ii) that Tenant causes a delay in Landlord's Work, and (iii) that an event of force majeure delays Landlord's Work. 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 period after the Scheduled Commencement Date specified in the Basic Lease Provisions, or by reason of Landlord's failure to the day on which Landlord tenders deliver possession of the Premises due to any other cause beyond Landlord's reasonable control, arid postponement of Tenant's rental obligation prior to delivery of possession of the Premises shall be Tenant's exclusive remedy and in sole satisfaction of all claims Tenant according might otherwise have by reason of Landlord's failure 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 deliver the Premises by the Commencement Date (as it may be adjusted because of Tenant’s delays) has specified in the Basic Lease Provisions. Notwithstanding the foregoing, if the Premises are not occurred Substantially Completed on or before the termination date that is: under the Existing Lease (ias defined in Section 22) 45 days after or the Scheduled Commencement Date, then Tenant will receive one day date Tenant's right to occupy a portion of abated Base Rent for each day that elapses after its existing space on 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 ninth floor of the Premises Building under a certain sublease with Preferred Health Network ("Sublease") expires, provided such delay in Landlord's Work has not been caused by Tenant and the termination of the Existing Lease or the Sublease, as provided under Paragraph 2)the case may be, does not result from Tenant's default, Tenant will shall have the right to give Landlord notice of Tenant’s intent continue to terminate occupy its entire existing space on the Lease (“Tenant’s Termination Notice”), and if Landlord has not tendered possession ninth floor 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 Building on the 30th day after same terms and conditions as 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 Existing 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 Landlord fails to tender cannot deliver possession of the Demised Premises to Tenant according by the Lease Commencement Date, the Lease shall not be void or voidable, nor shall Landlord be liable to Paragraph 2 above Tenant for any loss or damage resulting therefrom; in that event the term of this Lease shall be amended to commence on or before the Scheduled Commencement Date date when Landlord can deliver possession, and all corresponding dates of the Lease shall be adjusted accordingly in conjunction with paragraph 1 (g) above. If as it may a result of such postponement, the term would begin on other than the first day of a month, the commencement date shall be extended the first day of that month; however, the Tenant shall pay rent pro-rated for “Force Majeure Delays,” as defined such partial month's occupancy in Paragraph 14 below)conjunction with paragraph 4. above. Anything to the contrary notwithstanding, in the event that Landlord has not delivered possession of the Demised Premises prior to May 15, 1997, Landlord will not be in default or liable in damages agrees to make available to Tenant, nor will under the obligations same terms and conditions set forth herein, thirteen thousand (13,000) square feet of Tenant be affected, provided, however, that: (a) warehouse space within the Commencement Date will be extended automatically Port 95-3 building which is owned by one day for each day an affiliate of Landlord. Upon the commencement 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 aboveLease Term, 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 all 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 's rights in and to the premises in the Port 95-3 building shall terminate. In the event that Landlord has not obtained a Certificate of Occupancy for the warehouse portion of the Demised Premises with ninety (90) days from the date of this Lease; neither , (the "Anticipated Delivery Date") Landlord nor shall give the Tenant a credit against Rent equal to $85.93 for every day beyond the Anticipated Delivery Date until a Certificate of Occupancy for the warehouse portion of the Demised Premises has been obtained. In the event that Landlord has not obtained a Certificate of Occupancy for the warehouse portion of the Demised Premises prior to one hundred eighty (180) days from the date of this Lease (the "Termination Date"), Tenant shall have the option of either (i) terminating the Lease or (ii) extending the Termination Date for an additional forty five (45) days. Tenant shall notify Landlord in writing of its decision within five (5) business days of the Termination Date. If Tenant fails to notify Landlord of its decision within five (5) days of the Termination Date, then Landlord shall have the option of terminating the Lease or extending the Termination Date. Landlord will have any further obligations to each other under obtain a Certificate of Occupancy for the Lease; all improvements office portion of the Demised Premises and will deliver occupancy of said portion 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 within thirty (30) days after commencement of the Commencement Lease Term (the "Office Completion Date"). In the event the office portion is not completed by the Office Completion Date, Tenant shall be entitled to a credit against Rent of $25.00 for every day beyond the Office Completion Date and until delivery of possession of the office portion to the Tenant’s.