Delays in Delivery of Possession Sample Clauses

Delays in Delivery of Possession. If Lessor, for any reason whatsoever, cannot deliver possession of the Premises to Lessee by August 1, 1986, the Lessor shall not be liable in damages to the Lessee therefor. No such delay in delivery of possession by Lessor shall change the beginning or ending dates, or the duration of, the term of this Commercial Lease.
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Delays in Delivery of Possession. If, for any reason whatsoever (other than delays caused by Tenant), the Tenant Improvements have not been substantially completed by the Commencement Date or Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable for any loss or damages suffered by Tenant, but the Base Rental and Additional Rental shall abatx xxxm the Commencement Date until Landlord delivers possession of the Premises to Tenant, and the Expiration Date shall be extended on a day to day basis for each day that Base Rental and Additional Rental is abated until the date that possession of the Premises has been delivered to Tenant; provided, however, that if possession of the Premises has not been delivered to Tenant within 6 months following the Commencement Date, for any reason whatsoever (other than delays caused by Tenant), then either Landlord or Tenant may, at their option at any time thereafter but prior to the delivery of possession, terminate this Lease by notice to the other and Landlord and Tenant thereupon shall be released from all obligations under this Lease. If the Tenant Improvements have not been substantially completed on the Commencement Date because of delays caused by Tenant (including any revisions to the Drawings and Specifications), the term of this Lease and all obligations of Tenant under this Lease shall commence on the Commencement Date and Landlord shall be deemed to have delivered possession of the Premises on the Commencement Date, and the Expiration Date shall continue to be the date set forth in Section 1.08 of the Lease. SCHEDULE 1 TO WORK LETTER Description of Base Building Improvements EXHIBIT "C" ACCEPTANCE AGREEMENT THIS AGREEMENT made as of the date set forth below between POST APARTMENT HOMES, L.P., a Georgia limited partnership (the "Landlord") and _____________________ (the "Tenant").
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Delays in Delivery of Possession. Landlord shall exercise due diligence to cause Landlord's Contractor to cause the Delivery Date to occur on the Estimated Delivery Date. If, for any reasons whatsoever (other than Tenant Delays), the Premises are not Ready for Occupancy by the Estimated Delivery Date, this Lease shall not be void or voidable, nor shall Landlord be liable for any loss or damages suffered by Tenant; provided however, that the September 1, 1999 latest Commencement Date shall be extended one day for each day after the Estimated Delivery Date that the actual Delivery Date occurs and, provided further, that if possession of the Premises has not been delivered to Tenant within five (5) months following the Estimated Delivery Date, for any reason whatsoever (other than Tenant Delays and Unavoidable Delays), either Landlord or Tenant may, at their option at any time thereafter but prior to the delivery of possession, terminate this Lease by notice to the other and Landlord and Tenant thereupon shall be released from all obligations under this Lease.
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Delays in Delivery of Possession. 85 ARTICLE XLVII............................................. 86 47. Additional Conditions to Continued Effectiveness of Lease............................... 86
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Delays in Delivery of Possession. Lessee acknowledges that (i) the Leased Property is currently occupied and operated as a long-term skilled nursing care facility by a subsidiary of either Vencor, Inc., Beverly Enterprises, Inc. or Hunter Care, Inc. (ox x xxxsidiary of any of the foregoing) (the "Current Operator") pursuant to the terms of a written lease between Current Operator and Lessor (the "Old Lease") and (ii) Lessor's ability to tender delivery of possession of and/or Lessee's ability to obtain possession of the Leased Property is conditioned upon Current Operator's surrender of the Leased Property, which is expected to occur upon satisfaction of the last of the conditions to the continued effectiveness of this Lease pursuant to Article XLVII below. The target Commencement Date is August 1, 1998; provided, however, that if the Commencement Date shall not have occurred on or before the target Commencement Date, this Lease shall not be void or voidable, nor shall Lessor be liable for any loss or damage resulting therefrom. Instead this Lease shall continue in full force and effect to and until occurrence of the Commencement Date, unless earlier terminated as herein provided. ARTICLE XLVII.
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Delays in Delivery of Possession. Sublandlord shall exercise due -------------------------------- diligence to cause Sublandlord's Contractor to cause Substantial Completion of the Improvements in the Premises to occur on the Estimated Commencement Date. If, for any reasons whatsoever, Possession has not occurred by the Estimated Commencement Date, this Sublease shall not be void or voidable, nor shall Sublandlord be liable for any loss or damages suffered by Subtenant; provided however, that Rent shall be abated until the Commencement Date and, provided further, that if Possession of the Premises has not been delivered to Subtenant on or before May 1, 2000, Subtenant may, at any time thereafter but prior to the delivery of Possession, terminate the Sublease in accordance with Section 3 of the Sublease.
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Delays in Delivery of Possession. Lessee acknowledges that (i) the Leased Property of the Bellflower and Downey Facilities is currently occupied and operated as licensed skilled nursing facilities by Sun Healthcare Corporation or an Affiliate thereof (the "Current Operator"), pursuant to the holdover provisions of a written lease between Current Operator and Lessor which was terminated (the "Terminated Old Lease"), and (ii) Lessor's ability to tender delivery of possession of and/or Lessee's ability to obtain possession of the Leased Property of the Bellflower and Downey Facilities is conditioned upon Current Operator's surrender of the Leased Property of such Facilities and fulfillment of the conditions precedent to its obligations under a Transfer Agreement (as defined below) by and between Lessee and Current Operator, which is expected to occur upon satisfaction of the last of the conditions to the continued effectiveness of this Amendment pursuant to Section 7 below.
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Delays in Delivery of Possession. Lessor represents to the Lessee that as of the Commencement Date, the prior tenant and occupant of the premises has surrendered possession of the Premises, and its lease has been terminated; and that the prior tenant and occupant has waived all of its rights of occupancy of the Premises.
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Related to Delays in Delivery of Possession

  • NON-DELIVERY OF POSSESSION In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall xxxxx until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate.

  • Delivery of Possession Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

  • APPOINTMENT; DELIVERY OF DOCUMENTS (a) The Advisor hereby appoints and employs the Sub-advisor, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets of all or a portion of the Fund allocated by the Advisor to the Sub-advisor from time to time (such assets, the “Portfolio”) and, without limiting the generality of the foregoing, to provide other services as specified herein. The Sub-advisor accepts this employment and agrees to render its services for the compensation set forth herein. (b) In connection therewith, the Advisor has delivered to the Sub-advisor copies of (i) the Trust’s Declaration of Trust and Bylaws (collectively, as amended from time to time, the “Charter Documents”), (ii) the Trust’s current Prospectus and Statement of Additional Information for the Fund (collectively, as currently in effect and as amended or supplemented, the “Registration Statement”) filed with the U.S. Securities and Exchange Commission (“SEC”) pursuant to the Securities Act of 1933, as amended (the “Securities Act”), and the 1940 Act, (iii) each plan of distribution or similar document adopted by the Trust with respect to the Fund under Rule 12b-1 under the 1940 Act (each a “Plan”) and each current shareholder service plan or similar document adopted by the Trust with respect to the Fund (each a “Service Plan”); and (iv) all procedures adopted by the Trust with respect to the Fund, and shall promptly furnish the Sub-advisor with all amendments of or supplements to the foregoing. The Advisor shall deliver to the Sub-advisor: (x) a copy of the resolution of the Board appointing the Sub-advisor as a sub-advisor to the Fund and authorizing the execution and delivery of this Agreement; (y) a copy of all proxy statements and related materials relating to the Fund; and (z) any other documents, materials or information that the Sub-advisor shall reasonably request to enable it to perform its duties pursuant to this Agreement. (c) The Sub-advisor has delivered to the Advisor and the Trust (i) a copy of its Form ADV as most recently filed with the SEC; (ii) a copy of its code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act (the “Code”); and (iii) a copy of its compliance manual pursuant to applicable regulations, including its proxy voting policies and procedures, which proxy voting policy and procedures will be included in the Trust’s registration statement. The Sub-advisor shall promptly furnish the Advisor and Trust with all amendments of and supplements to the foregoing at least annually.

  • Delivery of Premises If the Landlord shall be unable to give possession of the Premises, exclusively the Suite 200 Premises and the Suite 246 Premises, on the Fourth Expansion Premises Commencement Date by reason of (i) the Landlord work is not substantially complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Base Rent to be paid herein shall not commence until the Premises (exclusively the Suite 200 Premises and the Suite 246 Premises) are made available to Tenant by Landlord, and no such failure to give possession on the Fourth Expansion Premises Commencement Date shall affect the validity of this Sixth Amendment to Office Building Lease or the obligations of the Tenant hereunder. The Base Rents due hereunder will be adjusted at the time that any or all of the Fourth Expansion Premises are delivered to Tenant substantially complete to reflect the same underlying effective rent of the rent structure specific to each suite with the lease expiration dates to remain unchanged. Notwithstanding the foregoing, if the Fourth Expansion Premises Commencement Date for the Suite 200 Premises together with the Suite 246 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the Sixth Amendment to Office Building Lease without any liability to the Landlord. Separately, if the Fourth Expansion Premises Commencement Date-Suite 240 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date-Suite 240 Premises, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease for the Suite 240 Premises not delivered in said time frame without any liability to the Landlord. If Landlord’s failure to complete Tenant’s improvements within ninety (90) days after the Fourth Expansion Premises Commencement Date and/or Fourth Expansion Premises Commencement Date-Suite 240 Premises is result of Tenant Delay, Tenant shall not have the option to terminate the Sixth Amendment to Office Building Lease or the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease.

  • Delivery of Documents; Delivery Dates (a) The Trustee is hereby directed (i) to execute and deliver the Intercreditor Agreement, the Escrow Agreement and the NPA on or prior to the Issuance Date, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. Upon request of the Company and the satisfaction or waiver of the closing conditions specified in the Underwriting Agreement, the Trustee shall execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Underwriting Agreement evidencing the entire ownership interest in the Applicable Trust, which amount equals the maximum aggregate principal amount of Equipment Notes which may be purchased by the Trustee pursuant to the NPA. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 5.01(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust. (b) After the Issuance Date, the Company may deliver from time to time to the Trustee a Closing Notice relating to one or more Equipment Notes. After receipt of a Closing Notice and in any case no later than one Business Day prior to a Scheduled Closing Date as to which such Closing Notice relates (the “Applicable Closing Date”), the Trustee shall (as and when specified in the Closing Notice) instruct the Escrow Agent to provide a Notice of Purchase Withdrawal to the Depositary requesting (A) the withdrawal of one or more Deposits on the Applicable Closing Date in accordance with and to the extent permitted by the terms of the Escrow Agreement and the Deposit Agreement and (B) the payment of all, or a portion, of such Deposit or Deposits in an amount equal in the aggregate to the purchase price of such Equipment Notes to or on behalf of the Company, all as shall be described in the Closing Notice. The Trustee shall (as and when specified in such Closing Notice), subject to the conditions set forth in Section 2 of the NPA, enter into and perform its obligations under the Participation Agreement specified in such Closing Notice (the “Applicable Participation Agreement”) and cause such certificates, documents and legal opinions relating to the Trustee to be duly delivered as required by the Applicable Participation Agreement. If at any time prior to the Applicable Closing Date, the Trustee receives a notice of postponement pursuant to Section 1(e) or 1(f) of the NPA, then the Trustee shall give the Depositary (with a copy to the Escrow Agent) a notice of cancellation of such Notice of Purchase Withdrawal relating to such Deposit or Deposits on such Applicable Closing Date. Upon satisfaction of the conditions specified in the NPA and the Applicable Participation Agreement, the Trustee shall purchase the applicable Equipment Notes with the proceeds of the withdrawals of one or more Deposits made on the Applicable Closing Date in accordance with the terms of the Deposit Agreement and the Escrow Agreement. The purchase price of such Equipment Notes shall equal the principal amount of such Equipment Notes. Amounts withdrawn from such Deposit or Deposits in excess of the purchase price of the Equipment Notes or to the extent not applied on the Applicable Closing Date to the purchase price of the Equipment Notes, shall be re-deposited by the Trustee with the Depositary on the Applicable Closing Date in accordance with the terms of the Deposit Agreement. The provisions of this Section 5.01(b) supersede and replace the provisions of Section 2.02 of the Basic Agreement with respect to the Applicable Trust, and all provisions of the Basic Agreement relating to Postponed Notes and Section 2.02 of the Basic Agreement shall not apply to the Applicable Trust. (c) The Trustee acknowledges its acceptance of all right, title and interest in and to the Trust Property to be acquired pursuant to Section 5.01(b) of this Trust Supplement, the NPA and each Applicable Participation Agreement, and declares that it holds and will hold such right, title and interest for the benefit of all present and future Applicable Certificateholders, upon the trusts set forth in the Agreement. By its acceptance of an Applicable Certificate, each initial Applicable Certificateholder, as a grantor of the Applicable Trust, joins with the Trustee in the creation of the Applicable Trust. The provisions of this Section 5.01(c) supersede and replace the provisions of Section 2.03 of the Basic Agreement, with respect to the Applicable Trust.

  • Delivery of Agreement The Agency covenants to use reasonable efforts to deliver to each Taxing Entity a copy of this Agreement within fifteen (15) days after its execution.

  • Delivery of Equipment (a) We will try to deliver Equipment to you on the delivery date (Delivery Date) and at the address (Site) indicated on your Application during normal business hours in that area. (b) Variations at your request to Delivery Date or Site: (i) are at our discretion; and (ii) may be subject to conditions, including extra Charges.

  • Delivery of Services Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.

  • Delivery of Items The Borrower will (a) promptly (but in no event later than one Business Day) after its receipt thereof, deliver to the Lender any documents or certificates of title issued with respect to any property included in the Collateral, and any promissory notes, letters of credit or instruments related to or otherwise in connection with any property included in the Collateral, which in any such case come into the possession of the Borrower, or shall cause the issuer thereof to deliver any of the same directly to the Lender, in each case with any necessary endorsements in favor of the Lender and (b) deliver to the Lender as soon as available copies of any and all press releases and other similar communications issued by the Borrower.

  • Delivery of Materials In the event of any expiration or termination of this Agreement, Contractor shall promptly provide the JBE with all originals and copies of the Deliverables, including any partially-completed Deliverables-related work product or materials, and any JBE-provided materials in its possession, custody, or control. In the event of any termination of this Agreement, the JBE shall not be liable to Contractor for compensation or damages incurred as a result of such termination; provided that if the JBE’s termination is not for cause, the JBE shall pay any fees due under this Agreement for Services performed or Deliverables completed and accepted as of the date of the JBE’s termination Notice.

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