Delayed Possession. If the landlord is unable to deliver possession of the premises at the commencement date of this Agreement, the student shall not be liable for any rent and may elect to terminate this Agreement at any time until possession is delivered. The landlord shall be liable for any damage caused thereby through the third day from the commencement hereof, if possession is not delivered, or until the day the student terminates, whichever is earlier. This provision survives termination until damages are collected.
Delayed Possession. If the Landlord is unable to deliver possession of all or any portion of the Leased Premises by the Commencement Date, this Lease shall remain in full force and effect and the Tenant shall take possession of the Leased Premises on the date when the Landlord delivers possession of all of the Leased Premises, which date shall be conclusively established by notice in writing from the Landlord to the Tenant at least ten days before such date. The Landlord shall not be liable to the Tenant for any loss, damage or inconvenience resulting from any delay in delivering possession of the Leased Premises but, unless the delay is caused by or attributable to the Tenant, its servants, agents or independent contractors, no Rent shall be payable by the Tenant for the period prior to the date on which the Landlord can deliver possession of all of the Leased Premises, unless the Tenant elects to take possession of a portion of the Leased Premises, in which case Rent shall be payable in respect thereof from the date such possession is so taken. Despite anything contained to the contrary in this Section 3.03, if the Landlord is of the opinion that it is unable to deliver possession of all or any part of the Leased Premises by the expiration of six (6) months from the Commencement Date, the Landlord shall have the right to terminate this Lease upon written notice to the Tenant, whereupon neither party shall have any liability to the other.
Delayed Possession. Landlord shall act diligently to make the Premises available to Tenant; provided, however, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease. If possession is delayed, the Commencement Date set forth in Section 1 shall also be delayed. In addition, the Termination Date set forth in Section 1 shall be modified so that the length of the Lease term remains the same. If Landlord does not deliver possession of the Premises to Tenant within sixty (60) days after the Commencement Date specified in Section 1, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after such time period ends. If Tenant gives such notice of cancellation, the Lease shall be cancelled, all prepaid rent and security deposits shall be refunded to Tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first “lease year” shall commence on the Commencement Date and shall end on the date which is twelve (12) months from the end of the month in which the Commencement Date occurs. Each successive lease year during the initial term and any extension terms shall be twelve (12) months, commencing on the first day following the end of the preceding Lease Year. To the extent that the tenant improvements are not completed in time for the Tenant to occupy or take possession of the Premises on the Commencement Date due to the failure of Tenant to fulfill any of its obligations under this Lease, the Lease shall nevertheless commence on the Commencement Date set forth in Section 1.
Delayed Possession. If the Landlord is delayed in delivering possession of all or any portion of the Premises to the Tenant on or before the Fixturing Period, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors, then the date on which the Premises are to be made available to the Tenant, the Commencement Date and the obligation of the Tenant to pay Basic Rent and Occupancy Costs shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable nor shall the Landlord be liable to the Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to the Tenant, and the deferment of the obligation of the Tenant to pay Basic Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of Landlord’s Construction is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Basic Rent and Occupancy Costs shall not be deferred and the time period for completion of Landlord’s Construction (but not the Expiry Date) shall be extended for a reasonable period which shall not in any event be less than a period corresponding to such delay.
Delayed Possession. Except as otherwise provided in this Agreement, Landlord shall deliver possession of the Premises to Tenant on the Commencement Date. Except as otherwise provided in Schedule E, any delay in having the Premises available for occupancy by the Target Commencement Date or the Outside Commencement Date shall not affect the validity of this Lease or Tenant’s obligations under the Lease, nor shall Landlord be subject to any liability for that delay. Landlord and Tenant agree to confirm the actual Commencement Date and Expiration Date, in writing, prior to Tenant’s occupancy.
Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by February 1, 1999, rent shall abatx xxxil possession is given, but Lessor shall not be liable to Lessee for such failure, and the Commencement Date shall become the date on which possession is given. The Lease will be voidable by Lessee if improvements are not completed by April 1, 1999 if such delay is not caused by Lessee.
Delayed Possession. Should Landlord be delayed in delivering possession of the leased premises to Tenant on the commencement date of this lease, because of any delay of existing occupants to vacate or because of the construction of improvements or the making of repairs required by this lease to be made by Landlord not having been completed, or because of any other reason not due to the design of Landlord, this lease shall not be affected thereby and Tenant shall not be entitled to any damages for such delay, except that Tenant shall be allowed a remission of rent for the period prior to delivery of possession, in which case the termination date of this lease shall remain unchanged.
Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by the Commencement Date rent shall abatx xxxil such possession is given, but Lessor shall not be liable to Lessee for such failure nor shall the Lease Term be thereby extended. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee within thirty (30) days after the Commencement Date through no default of Lessee, this Lease shall be voidable by either party, and if voided, any payments made to Lessor by Lessee hereunder shall be immediately refunded to Lessee; provided however that such date shall be extended to the extent permitted under Section 7 hereof. The Premises shall be "available for occupancy" when they are so completed that Lessee may conduct normal operations, or when a Certificate of Occupancy has been issued for the Premises, whichever is earlier.
Delayed Possession. If Landlord determines that it will be unable to complete all required tenant finish improvements, if any, and have the Premises ready for occupancy by the Commencement Date, Landlord shall give Tenant written notice to that effect, and thereafter the Commencement Date shall be postponed to the earlier of (i) the date upon which Landlord delivers and Tenant accepts possession of the Premises or (ii) the thirtieth (30th) day after Landlord shall have notified Tenant in writing that the Premises are ready for occupancy. In the event of such postponement, the term of this Lease shall remain the same, but the Expiration Date shall be extended for the same number of days the Commencement Date was postponed; Tenant's obligation to pay rent shall be postponed for a like number of days; and Landlord shall not be liable to Tenant for any loss or damage resulting from Landlord's delay in delivering possession of the Premises to Tenant. Notwithstanding the foregoing, if Landlord is unable to deliver possession of the Premises to Tenant or to notify Tenant that the Premises are ready for occupancy within six months after the Commencement Date, then Tenant may terminate this Lease by giving Landlord written notice of such termination, whereupon each party shall be released from all further obligations and liability hereunder. If Landlord is unable to deliver possession of the Premises to Tenant or to notify Tenant that the Premises are ready for occupancy by the Commencement Date because Tenant has
Delayed Possession. Tenant may cancel this Lease if Landlord cannot ------------------ deliver a possession of the substantially complete Premises by one hundred and eighty days (180) after the Target Date. To cancel, Tenant must give notice to Landlord within (60) days after the expiration of such one hundred and eighty day period and before Landlord gives notice to Tenant that the Premises are substantially complete. The one hundred and eighty (180) day Period above shall be extended in the time equal to period of delay caused by Tenant. Within thirty (30) days after cancellation, Landlord shall return to Tenant prepaid consideration including Rent and deposits, and neither party shall have any further rights or obligations under this Lease.
