Common use of Delayed Possession Clause in Contracts

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 earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or the date on which the Premises are to be made available to the Tenant, the obligation of the Tenant to pay Base Rent and Occupancy Costs, and the Expiry Date 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 Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Rent and Occupancy Costs shall not be deferred.

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 earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or 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 Base Basic Rent and Occupancy Costs, and the Expiry Date Costs shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable, 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 Base 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 the Landlord’s Work Construction is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Basic Rent and Occupancy Costs shall not be deferreddeferred 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. If for any reason the Landlord is delayed in delivering possession of all Landlord's Work has not been completed by N/A or any portion of the Premises to the Tenant Fixturing Period has not xpired on or before the earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Datedate, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or the date on which the Premises are to be made available to the Tenant, the obligation of the Tenant to pay Base Rent and Occupancy Costs, and the Expiry Date shall be postponed for a period equal to the duration of the delay. This this Lease shall not be void or voidable, voidable nor shall the Landlord be liable to the Tenant for any loss or damage damages resulting from any delay, but unless the same is caused by or attributable to delay in delivering possession of the Premises to the Tenant, and the deferment of the obligation of the Tenant to pay Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s 's Work is caused by or attributable to the Tenant, its employees, servants, agents or independent contractors, Rent shall abate until the obligation date of expiry of the Fixturing Period, unless the Tenant elects to pay Base take possesxxxx of a portion of the Premises, if possession of such portion is available from the Landlord, and the Landlord consents thereto, whereupon Rent shall be payable in respect of such portion from the date such possession is so taken. In the event of a dispute between the Landlord and Occupancy Costs the Tenant as to whether there was a delay in completion of the Landlord's Work caused by or attributable to the Tenant, its employees, servants, agents, or independent contractors, the certificate of the Architect as to the foregoing shall not be deferredconclusive and binding and Rent in full shall accrue and become payable from and including the Commencement Date.

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 earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) Period and/or the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or contractors, the date on which the Premises are to be made available to the TenantTenant for fixturing, the Commencement Date, and the obligation of the Tenant to pay Base Rent and Occupancy Costs, Costs and the Expiry Date expiration date of the Term 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 Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Rent and Occupancy Costs shall not be deferred.

Delayed Possession. If the Landlord is delayed in delivering Lessor shall be unable to deliver possession of all or any portion said Leased Premises on the date of the Premises to the Tenant on or before the earlier of: (i) the commencement of the Fixturing PeriodTerm hereby created because of the holding over of any tenant, if applicable; and (ii) the Commencement Dateor tenants, or for any other cause beyond Lessor's reasonable control, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or the date on which the Premises are to be made available to the Tenant, the obligation rent specified in paragraph 4 of the Tenant to pay Base Rent and Occupancy Costs, and the Expiry Date shall be postponed for a period equal to the duration of the delay. This this Lease shall not be void or voidablecommence until the date possession of said Leased Premises is available to Lessee, nor shall and Lessee agrees to accept such allowance and abatement of rent as liquidated damages, in full satisfaction for the Landlord be liable failure of Lessor so to deliver possession on said date of commencement, and to the Tenant for exclusion of all claims and rights which Lessee might otherwise have by reason of delivery of possession not being made on said date. No failure so to deliver possession on said date shall in any loss event extend, or damage resulting from any delay in delivering possession of the Premises be deemed to the Tenant, and the deferment of the obligation of the Tenant to pay Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractorsextend, the obligation term of the Tenant to pay Base Rent and Occupancy Costs this Lease. Unfinished extra work, if any, undertaken by Lessor for Lessee shall not be deferredconsidered in determining the date when possession is available to Lessee. In the event that Lessee shall occupy said Leased Premises or a portion thereof prior to the commencement of the Term of this Lease with Lessor's consent, all the provisions of this Lease shall be in full force and effect during such period and rent shall be paid on a per diem basis up to the date of commencement of the Term.

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 earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or contractors, the date on which the Premises are to be made available to the Tenant, Tenant and the obligation of the Tenant to pay Base Rent and Occupancy Costs, and the Expiry Date Costs shall be postponed for a period equal to the duration of the delay. This Subject to Section 5 of Schedule “H” attached hereto, 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 Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Rent and Occupancy Costs shall not be deferred.

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 earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or the date on which the Premises are to be made available to the Tenant, Tenant and the obligation of the Tenant to pay Base Annual Rent and Occupancy Costs, and the Expiry Date Costs shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable, 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 Base Annual Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s 's Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Annual Rent and Occupancy Costs shall not be deferreddeferred and the time period for completion of Landlord's Work (but not the expiry date of the Term) shall be extended for a reasonable period which shall not in any event be less than a period corresponding to such delay.

Delayed Possession. If the Landlord landlord is delayed in delivering possession of all or any portion of the Premises to the Tenant on or before the earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or 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 Base Gross Rent and Occupancy Costs, and the Expiry Date shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable, 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 Base Gross Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. delay If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Gross Rent and Occupancy Costs shall not be deferreddeferred and the time period for completion of Landlord’s Work (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.