Common use of Delayed or Early Delivery of Possession Clause in Contracts

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A on the estimated Expansion Space A Commencement Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD and rent with respect to Expansion Space A shall not commence until Expansion Space A is made available to Tenant by Landlord, and no such failure to give possession on the estimated Expansion Space A Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant shall be entitled to a rent abatement following the ESACD with respect to Expansion Space A of $3,259.73 per day for every day in the period beginning on the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force Majeure, if any. Notwithstanding any of the foregoing provisions of this Section to the contrary, if Landlord has not tendered possession of Expansion Space A on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Date. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is thirty (30) days following the Space A Sunset Date, then Tenant shall again have such option to terminate the Lease solely with respect to Expansion Space A in the manner described above and such date shall constitute the new Space A Sunset Date; it being the intention of the parties that Tenant shall have a recurring

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A C on the estimated Expansion Space A C Commencement Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD ESCCD and rent with respect to Expansion Space A C shall not commence until Expansion Space A C is made available to Tenant by Landlord, and no such failure to give possession on the estimated Expansion Space A C Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant shall be entitled to a rent abatement following the ESACD with respect to Expansion Space A of $3,259.73 per day for every day in the period beginning on the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force Majeure, if any. Notwithstanding any of the foregoing provisions of this Section to the contrary, if Landlord has not tendered possession of Expansion Space A C on or before the Space A C Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A C exercisable by giving written notice to Landlord within three (3) business days after the Space A C Sunset Date. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is thirty (30) days following the Space A C Sunset Date, then Tenant shall again have such option to terminate the Lease solely with respect to Expansion Space A C in the manner described above and such date shall constitute the new Space A C Sunset Date; it being the intention of the parties that Tenant shall have a recurringrecurring termination option after each such thirty (30) day period following the initial Space C Sunset Date if Landlord has not tendered possession by the end of each such thirty (30) day period. As used in this Lease, “Space C Sunset Date” means the initial Space C Sunset Date of April 16, 2018, and any succeeding new Space C Sunset Dates (at thirty (30) day intervals after the initial Space C Sunset Date), and each such Space C Sunset Date, as applicable, shall be extended by the number of days of delay due to Force Majeure plus the number of days of Tenant Delay, if any. On or before the Space C Sunset Date, if such date includes any period of Force Majeure or Tenant Delay, Landlord shall give Tenant written notice of the resulting calendar date which is the Space C Sunset Date.

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A D on the estimated Expansion Space A D Commencement Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD ESDCD and rent with respect to Expansion Space A D shall not commence until Expansion Space A D is made available to Tenant by Landlord, and no such failure to give possession on the estimated Expansion Space A D Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant shall be entitled to a rent abatement following the ESACD with respect to Expansion Space A of $3,259.73 per day for every day in the period beginning on the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force Majeure, if any. Notwithstanding any of the foregoing provisions of this Section to the contrary, if Landlord has not tendered possession of Expansion Space A D on or before the Space A D Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A D exercisable by giving written notice to Landlord within three (3) business days after the Space A D Sunset Date. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is thirty (30) days following the Space A D Sunset Date, then Tenant shall again have such option to terminate the Lease solely with respect to Expansion Space A D in the manner described above and such date shall constitute the new Space A D Sunset Date; it being the intention of the parties that Tenant shall have a recurringrecurring termination option after each such thirty (30) day period following the initial Space D Sunset Date if Landlord has not tendered possession by the end of each such thirty (30) day period. As used in this Lease, “Space D Sunset Date” means the initial Space D Sunset Date of June 1, 2019, and any succeeding new Space D Sunset Dates (at thirty (30) day intervals after the initial Space D Sunset Date), and each such Space D Sunset Date, as applicable, shall be extended by the number of days of delay due to Force Majeure plus the number of days of Tenant Delay, if any. On or before the Space D Sunset Date, if such date includes any period of Force Majeure or Tenant Delay, Landlord shall give Tenant written notice of the resulting calendar date which is the Space D Sunset Date.

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A B on the estimated Expansion Space A B Commencement Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD ESBCD and rent with respect to Expansion Space A B shall not commence until Expansion Space A B is made available to Tenant by Landlord, and no such failure to give possession on the estimated Expansion Space A B Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A B on or before November July 15, 2017 2019 (the “Outside Space A B Delivery Date”), Tenant shall be entitled to a rent abatement following the ESACD ESBCD with respect to Expansion Space A B of $3,259.73 3,579.87 per day for every day in the period beginning on the Outside Space A B Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A B to Tenant; provided, however, that the Outside Space A B Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A B to Tenant is delayed due Tenant Delays and Force Majeure, if any. Notwithstanding any of the foregoing provisions of this Section to the contrary, if Landlord has not tendered possession of Expansion Space A B on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Date. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is thirty (30) days following the Space A Sunset Date, then Tenant shall again have such option to terminate the Lease solely with respect to Expansion Space A in the manner described above and such date shall constitute the new Space A Sunset Date; it being the intention of the parties that Tenant shall have a recurringor

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A B on the estimated Projected Expansion Space A B Commencement Date by reason of the following: (i) all conditions have not been satisfied or waived as provided in Section 2 above, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD ESBCD and rent with respect to Expansion Space A B shall not commence until Expansion Space A B is made available to Tenant by Landlord, and no such failure to give possession on the estimated Projected Expansion Space A B Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant B shall be entitled deemed to a rent abatement following the ESACD with respect be delivered to Expansion Space A of $3,259.73 per day for every day Tenant in the period beginning on event the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force MajeureWork, if any. Notwithstanding any , is substantially complete, or if the delay in the availability of the foregoing provisions Premises for occupancy shall be due to any Tenant delay and/or default on the part of this Section Tenant. In the event of any dispute as to whether the contraryLandlord Work, if Landlord has not tendered possession any, is substantially complete, the decision of Expansion Space A Landlord's architect shall be final and binding on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Dateparties. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is Within thirty (30) days following the Space occurrence of the ESBCD, Landlord and Tenant shall enter into an agreement (the form of which is Exhibit A Sunset Datehereto) confirming such date. If Tenant fails to enter into such agreement, then Tenant the ESBCD shall again have be the date designated by Landlord in such option to terminate the Lease solely with respect to Expansion Space A in the manner described above and such date shall constitute the new Space A Sunset Date; it being the intention of the parties that Tenant shall have a recurringagreement.

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A on the estimated Projected Expansion Space A Commencement Date by reason of the following: (i) the Landlord Work is not Substantially Complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD and rent with respect to Expansion Space A shall not commence until Expansion Space A is made available to Tenant by Landlord, and no such failure to give possession on the estimated Projected Expansion Space A Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under eitherhereunder. Notwithstanding any Expansion Space A shall be deemed to be ready for Tenant's occupancy in the event Landlord's Work is Substantially Complete, or if the delay in the availability of the foregoing provisions Premises for occupancy shall be due to any Tenant Delay and/or default on the contrarypart of Tenant. In the event of any dispute as to whether the Landlord Work is Substantially Complete, if the decision of Landlord's architect shall be final and binding on the parties. If Landlord has not tendered delivers possession of Expansion Space A on later or before November 15, 2017 (earlier than the “Outside Space A Delivery Date”), Tenant shall be entitled to a rent abatement following the ESACD with respect to Projected Expansion Space A of $3,259.73 per day for every day in the period beginning on the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; providedCommencement Date, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force Majeure, if any. Notwithstanding any of the foregoing provisions of this Section to the contrary, if Landlord has not tendered possession of Expansion Space A on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Date. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is thirty (30) days following the Space A Sunset Date, then Tenant shall again have such option to terminate occurrence of the Lease solely with respect to Expansion Space A in Commencement Date, Landlord and Tenant shall enter into an agreement (which is attached as Rider 1 of the manner described above and Lease) confirming such date shall constitute date. If Tenant fails to enter into such agreement, then the new Expansion Space A Sunset Date; it being Commencement Date shall be the intention of the parties that Tenant shall have a recurringdate designated by Landlord in such agreement.

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A C on the estimated Projected Expansion Space A C Commencement Date by reason of the following: : (i) all conditions have not been satisfied or waived as provided in Section 2 above; (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD ESCCD and rent with respect to Expansion Space A C shall not commence until Expansion Space A C is made available to Tenant by Landlord, and no such failure to give possession on the estimated Projected Expansion Space A C Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant C shall be entitled deemed to a rent abatement following the ESACD with respect be delivered to Expansion Space A of $3,259.73 per day for every day Tenant in the period beginning on event the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force MajeureWork, if any. Notwithstanding any , is substantially complete, or if the delay in the availability of the foregoing provisions Premises for occupancy shall be due to any Tenant delay and/or default on the part of this Section Tenant. In the event of any dispute as to whether the contraryLandlord Work, if Landlord has not tendered possession any, is substantially complete, the decision of Expansion Space A Landlord's architect shall be final and binding on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Dateparties. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is Within thirty (30) days following the Space occurrence of the ESCCD, Landlord and Tenant shall enter into an agreement (the form of which is Exhibit A Sunset Datehereto) confirming such date. If Tenant fails to enter into such agreement, then Tenant the ESCCD shall again have be the date designated by Landlord in such option to terminate the Lease solely with respect to Expansion Space A in the manner described above and such date shall constitute the new Space A Sunset Date; it being the intention of the parties that Tenant shall have a recurringagreement.

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A C on the estimated Projected Expansion Space A C Commencement Date by reason of the following: (i) all conditions have not been satisfied or waived as provided in Section 2 above; (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD ESCCD and rent with respect to Expansion Space A C shall not commence until Expansion Space A C is made available to Tenant by Landlord, and no such failure to give possession on the estimated Projected Expansion Space A C Commencement Date shall affect the validity of this Amendment, the Existing Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant C shall be entitled deemed to a rent abatement following the ESACD with respect be delivered to Expansion Space A of $3,259.73 per day for every day Tenant in the period beginning on event the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force MajeureWork, if any. Notwithstanding any , is substantially complete, or if the delay in the availability of the foregoing provisions Premises for occupancy shall be due to any Tenant delay and/or default on the part of this Section Tenant. In the event of any dispute as to whether the contraryLandlord Work, if Landlord has not tendered possession any, is substantially complete, the decision of Expansion Space A Landlord's architect shall be final and binding on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Dateparties. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is Within thirty (30) days following the Space occurrence of the ESCCD, Landlord and Tenant shall enter into an agreement (the form of which is Exhibit A Sunset Datehereto) confirming such date. If Tenant fails to enter into such agreement, then Tenant the ESCCD shall again have be the date designated by Landlord in such option to terminate the Lease solely with respect to Expansion Space A in the manner described above and such date shall constitute the new Space A Sunset Date; it being the intention of the parties that Tenant shall have a recurringagreement.

Delayed or Early Delivery of Possession. If Landlord shall be unable to give possession of Expansion Space A on the estimated Projected Expansion Space A Commencement Date by reason of the following: (i) the portion of the Landlord Work to be completed upon delivery is not substantially complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iiiii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the ESACD and rent with respect to Expansion Space A shall not commence until Expansion Space A is made available to Tenant by Landlord, and no such failure to give possession on the estimated Projected Expansion Space A Commencement Date shall affect the validity of this Amendment, the Existing New Lease or the obligations of the Tenant under either. Notwithstanding any of the foregoing provisions to the contrary, if Landlord has not tendered possession of Expansion Space A on or before November 15, 2017 (the “Outside Space A Delivery Date”), Tenant shall be entitled deemed to a rent abatement following the ESACD with respect be delivered to Expansion Space A of $3,259.73 per day for every day Tenant in the period beginning on event the Outside Space A Delivery Date and ending on the date on which Landlord tenders possession of Expansion Space A to Tenant; provided, however, that the Outside Space A Delivery Date shall be delayed by the number of days that Landlord’s delivery of Expansion Space A to Tenant is delayed due Tenant Delays and Force MajeureWork, if any. Notwithstanding any , is substantially complete, or if the delay in the availability of the foregoing provisions Premises for occupancy shall be due to any Tenant delay and/or default on the part of this Section Tenant. In the event of any dispute as to whether the contraryLandlord Work, if Landlord has not tendered possession any, is substantially complete, the decision of Expansion Space A Landlord's architect shall be final and binding on or before the Space A Sunset Date (defined below), then, as Tenant’s sole and exclusive remedy, Tenant shall have the option to terminate the Lease solely with respect to Expansion Space A exercisable by giving written notice to Landlord within three (3) business days after the Space A Sunset Dateparties. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and delivery of possession does not occur on or before the date which is Within thirty (30) days following the Space A Sunset Dateoccurrence of the ESACD, Landlord and Tenant shall enter into an agreement (the form of which is Exhibit C hereto) confirming such date. If Tenant fails to enter into such agreement, then Tenant the ESACD shall again have be the date designated by Landlord in such option to terminate the Lease solely with respect to Expansion Space A in the manner described above and such date shall constitute the new Space A Sunset Date; it being the intention of the parties that Tenant shall have a recurringagreement.