Common use of Delayed Possession Clause in Contracts

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. 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 theLandlord to the Tenant at least ten days before such date. The Landlord shall not be liable to the Tenant for any loss10loss, damage or inconvenience resulting from any delay in delivering possession d deleveringpossession 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) 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. 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 10 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) 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 otherother and, after the termination date, the Landlord shall return to the Tenant, without interest or deduction, the Security Deposit, if any.

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 10 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 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) 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. If for any reason the Landlord is delayed in delivering, or is unable to deliver give, possession of all or any portion part of the Leased Premises by to the Tenant on or before the Commencement Date, this Lease shall remain in full force and effect and then (a) the Tenant shall take possession of the Leased Premises on the date (not later than one (1) year after the Commencement 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 five (5) days before such date. The Landlord , (b) this Lease shall not be void or voidable nor shall the Landlord be liable to the Tenant for any loss, damage or inconvenience Claims resulting from any delay in delivering possession of the Leased Premises butto the Tenant, (c) the Term shall commence on the Commencement Date, (d) (unless the such delay is caused by or attributable to the Tenant, its employees, 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 delivers possession of all of the Leased Premises, unless the Tenant elects to take possession of a portion part of the Leased Premises, in if possession of which case part is available from the Landlord, and the Landlord consents thereto, whereupon Rent shall be payable in respect thereof of such part from the date such possession is so taken, and (e) the expiry date of this Lease shall remain unchanged. Despite anything contained to the contrary in this Section 3.031.05, 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, and, after the termination date, the Landlord shall return to the Tenant, without interest, the Advance Rent and Security Deposit if any.

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 (10) 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. 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 (10) days before such date. The Landlord shall not be liable to the Tenant for any loss, damage 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. If the Subject to Schedule 8, section 3, Fixturing Period (Early Occupancy), if Landlord is unable to deliver delayed for any reason in delivering possession of all or any portion of the Leased Premises by to Tenant on or before the Commencement Date, this Lease shall remain in full force and effect and the then Tenant shall will take possession of the Leased Premises on the date when the Landlord delivers possession of all of the Leased Premises, which date shall will be conclusively established by notice in writing Notice from the Landlord to the Tenant at least ten five (5) days before such date. The This Lease will not be void or voidable nor will the Term be extended nor will Landlord shall not be liable to the Tenant for any loss, loss or damage or inconvenience resulting from any delay in delivering possession of the Leased Premises but, unless to Tenant. In the event that such delay in delivering possession is caused by or solely attributable to the Tenant, its servants, agents or independent contractorsLandlord not performing Landlord’s Improvements within a time that a reasonably prudent Landlord would be expected to complete Landlord’s Improvements, no Rent shall will be payable by the Tenant Tenant, for the period prior to the date on which the Landlord can so 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 Premises whereupon Rent shall will be payable in respect thereof of such portion from the date such possession is so taken. Despite anything contained In all other circumstances, Rent will be fully payable by Tenant as if Landlord delivered the entire premises 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 Tenant on 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. If the Landlord is unable to deliver possession of all or any portion of the Leased Premises by the Commencement DateXxxx, this Lease shall remain in full force and effect and the Tenant shall take possession of the Leased Premises Promises 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 10 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) 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 otherother and, after the termination date, the Landlord shall return to the Tenant, without interest or deduction, the Security Deposit, if any.