Common use of Delayed Possession Clause in Contracts

Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by the Commencement Date, as adjusted under Section 1, then rent shall xxxxx until 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. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee on the date that is sixty (60) days after the Commencement Date, as adjusted, this Lease shall be voidable by either party, and if voided, all payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to Lessee by Lessor; provided, however, that such date shall be extended to the extent that construction is delayed by any of the reasons set forth in Section 8 or other conditions beyond Lessor's control or by amendments to the working drawings for the improvements to the Premises requested by Lessee. The Premises shall be "available for occupancy" when a Certificate of Occupancy has been issued for the Premises.

Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by the Commencement DateJune 15, as adjusted under Section 1, then 1997 rent shall xxxxx until 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. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee on the date that is sixty (60) days after the Commencement DateAugust 15, as adjusted1997, this Lease shall be voidable by either party, and if voided, all payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to Lessee by Lessor; provided, however, that such date shall be extended to the extent that construction is delayed by any of the reasons set forth in Section 8 or other conditions beyond Lessor's control or by amendments to the working drawings for the improvements to the Premises requested by Lessee. The Premises shall be "available for occupancy" when a Certificate of Occupancy has been issued for the Premises.

Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by the Commencement DateJune 15, as adjusted under Section 1, then 1997 rent shall xxxxx until 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. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee on the date that is sixty (60) days after the Commencement DateAugust 15, as adjusted1997, this Lease shall be voidable by either party, and if voided, all payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to Lessee by Lessor; provided, however, that such date shall be extended to the extent that construction is delayed by any of the reasons set forth in Section 8 or other conditions beyond Lessor's control or by amendments to the working drawings for the improvements to the Premises requested by Lessee. The Premises shall be "available for occupancy" when a Certificate of Occupancy has been issued for the Premises.

Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by the Commencement Date, as adjusted under Section 1, then Date rent shall xxxxx abate until such possession is given, but Lessor shall not be liable to Lessee for such failure, and fxx xxch failure nor shall the Commencement Date shall become the date on which possession is givenLease Term be thereby extended. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee on the date that is lessee within sixty (60) days after the Commencement Date, as adjustedDate through no default of Lessee, this Lease lease shall be voidable by either party, and if voided, all any payments made to Lessor by Lessee hereunder, if any, hereunder shall be immediately refunded to Lessee by LessorLessee; provided, however, provided however that such date shall be extended to the extent that construction is delayed by any of the reasons set forth in permitted under Section 8 or other conditions beyond Lessor's control or by amendments to the working drawings for the improvements to the Premises requested by Lessee7 hereof. The Premises shall be "“available for occupancy" ” when they are so completed that Lessee may conduct nominal operations, or when a Certificate of Occupancy has been issued for the Premises, whichever is earlier.

Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by the Commencement Date, as adjusted under Section 1, then Date rent shall xxxxx until abatx xxxil such possession is given, but Lessor shall not be liable to Lessee for such failure, and failure nor shall the Commencement Date shall become the date on which possession is givenLease Term be thereby extended. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee on the date that is sixty within thirty (6030) days after the Commencement Date, as adjustedDate through no default of Lessee, this Lease shall be voidable by either party, and if voided, all any payments made to Lessor by Lessee hereunder, if any, hereunder shall be immediately refunded to Lessee by LessorLessee; provided, however, provided however that such date shall be extended to the extent that construction is delayed by any of the reasons set forth in permitted under Section 8 or other conditions beyond Lessor's control or by amendments to the working drawings for the improvements to the Premises requested by Lessee7 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.