Common use of Delayed Possession Clause in Contracts

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. 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 days (sixty (60) days if not filled in) 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 Yearlease 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. Landlord Tenant shall act diligently to make the Subleased Premises available to Tenant; Subtenant, provided, however, that neither Landlord Tenant nor any agent or employee of Landlord Tenant shall be liable for any damage or loss due to Landlord's Tenant’s inability or failure to deliver possession of the Premises to Tenant Subtenant as provided in this LeaseSublease. If possession is delayed, the Sublease Commencement Date set forth in Section 1 shall also be delayed. In addition, but the Sublease Termination Date set forth in Section 1 shall not be modified so that the length of the Lease term remains the sameextended by such delay. If Landlord does Tenant has not deliver delivered possession of the Subleased Premises to Tenant Subtenant within sixty days ((60) days if not filled in) after the Sublease Commencement Date specified in Section 1, Tenant 1 (check one): Subtenant may elect to cancel this Lease Sublease by giving written notice to Landlord within ten Tenant no later than ((10) days if not filled in) after such time period ends, or then all Base Rent and Additional Rent (as defined below) shall be abated for each one (1) day after the Sublease Commencement Date during which possession of the Subleased Premises has not been delivered to Subtenant. If Tenant Subtenant gives such notice of cancellation, the Lease as Subtenant’s sole and exclusive remedy, this Sublease shall be cancelled, all prepaid rent and security deposits shall be refunded to TenantSubtenant, and neither Landlord Tenant nor Tenant Subtenant shall have any further obligations to the other. The first “lease year” shall commence on Notwithstanding anything in this Section 3 to 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) monthscontrary, commencing on the first day following the end of the preceding Lease Year. To to the extent that any portions of the tenant improvements are Tenant’s Work or the Subtenant’s Work have not been completed in time for the Tenant Subtenant to occupy or take possession of the Subleased Premises on the Sublease Commencement Date due to the failure of Tenant Subtenant to fulfill any of its obligations under this LeaseSublease (“Subtenant Delays”), the Lease Sublease shall nevertheless commence on the Sublease Commencement Date Date, including without limitation, Subtenant’s obligation to pay Base Rent and Additional Rent, as set forth in Section 1, or upon the date that the Sublease Commencement Date would have occurred but for the Subtenant Delays.

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 act diligently give Tenant written notice to make 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 available 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; provided. Notwithstanding the foregoing, however, neither if Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure is unable to deliver possession of the Premises to Tenant as provided in this Lease. If possession is delayed, or to notify Tenant that the Premises are ready for occupancy within six months after the Commencement Date set forth in Section 1 shall also be delayed. In additionDate, the Termination Date set forth in Section 1 then Tenant may terminate this Lease by giving Landlord written notice of such termination, whereupon each party shall be modified so that the length of the Lease term remains the samereleased from all further obligations and liability hereunder. If Landlord does not is unable to deliver possession of the Premises to Tenant within sixty (60) days after or to notify Tenant that the Premises are ready for occupancy by the Commencement Date specified in Section 1, because 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.has

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 days (sixty (60) days if not filled in) 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.twelve

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 days (sixty (60) days if not filled in) 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 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 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.twelve

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 ’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 days (sixty (60) days if not filled in) 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 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 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 Yearyear. 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. Landlord shall act diligently to make the Premises available to Tenant; providedhowever, howeverif Landlord is unable to provide possession on the Commencement Date set forth in Section 1, 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 days (sixty (60) days if not filled in) 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 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 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 Yearyear. 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. 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 Xxxxxxxx’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 days ((60) days if not filled in) after the Commencement Date specified in Section 1, 1 (check one): Tenant may elect to cancel this Lease by giving written notice to Landlord within ten no later than days ((10) days if not filled in) after such time period ends, or then all Base Rent and Additional Rent (as defined below) shall be abated for each one (1) day after the Commencement Date during which possession of the Premises has not been delivered to Tenant. If Tenant gives such notice of cancellation, as Tenant’s sole and exclusive remedy, the Lease shall be cancelled, all prepaid rent Rent (as such term is defined below) and security deposits shall be refunded to Tenant, and neither Landlord nor Tenant shall have any further obligations to the other. Notwithstanding anything in this Paragraph 3(b) to the contrary, to the extent that any portions of the Landlord’s Work or Tenant’s Work have not been sufficiently 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 (“Tenant Delays”), the Lease Term and Tenant’s obligation to pay Base Rent and Additional Rent shall nevertheless commence on the Commencement Date set forth in Section 1, or upon the date that the Commencement Date would have occurred but for the Tenant Delays. The first “lease 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 Lease year during the initial term and any extension terms Term 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 1year.

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 ’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 (sixty (60) days if not filled in) 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 yearLease 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 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. Landlord shall act diligently If due to make or as a result of a Tenant Delay substantial completion of Lessor's Work is delayed, then the Premises available to Tenant; provided, however, neither Landlord nor any agent or employee Commencement Date for the purpose of Landlord the date on which payment of rent commences shall be liable deemed to be the date that is four (4) weeks after the date upon which Substantial Completion of Lessor's Work would have occurred but for any damage or loss due to Landlord's inability or failure the Tenant Delay, and the obligations of Lessee under this Lease shall commence on such deemed Commencement Date. If Lessor fails to deliver to Lessee actual possession of the Premises to by the date that is four (4) weeks after Substantial Completion of Lessor's Work, as extended for Tenant as provided in this Lease. If Delays, then rent shall abatx xxxil possession is delayedgiven, but Lessor shall not be liable to Lessee for such failure, and the Commencement Date set forth in Section 1 shall also be delayedbecome the date on which possession is given. In additionNotwithstanding the foregoing, however, if the Termination Date set forth in Section 1 shall be modified so Project Improvements and Premises Improvements are not substantially completed by Lessor on the date that the length of the Lease term remains the same. If Landlord does not deliver possession is seventeen (17) weeks plus ninety (90) days after approval of the Premises to Plans, as extended for Tenant within sixty (60) days after the Commencement Date specified in Section 1Delays, Tenant may elect to cancel then 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 cancelledvoidable by Lessee, and if voided, all prepaid rent and security deposits payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to TenantLessee by Lessor, Lessor shall return the Security Deposit (and neither Landlord nor Tenant shall have any further obligations to the other. The first “lease year” shall commence on Original Letter of Credit) and notwithstanding the Commencement Date and shall end on the date which is twelve (12) months from the end limitation of liability provisions of the month in which first sentence of Section 16.2, Lessor shall indemnify and hold harmless Lessee against all costs, damages and expenses incurred by Lessee because of Lessor's failure to deliver the Commencement Date occurs. Each successive lease year during Project Improvements and Premises Improvements as and when required by 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.