Common use of Delays in Occupancy Clause in Contracts

Delays in Occupancy. If for any reason, other than Tenant delay as described in Paragraph 4 below, Landlord cannot or is unable to deliver possession of the Premises to Tenant on or before the Anticipated Commencement Date in accordance with and in the condition required by this Work Schedule and the Lease, the Lease shall not be void or voidable except as provided in the following sentence, and Landlord shall not be liable to Tenant for any loss or damage resulting from Landlord's failure or delay in so delivering possession of the Premises, but in such case (and subject to Paragraph 4 below) the Commencement Date shall not occur until Landlord is able to deliver the Premises in the condition required by this Lease; the Expiration Date, however, shall not otherwise be affected by such delay. Further, if for any reason other than strikes, casualties, Tenant delay, or other causes beyond the control of Landlord, possession of the Premises is not delivered to Tenant within ninety (90) days after the Anticipated Commencement Date, or if possession is not so delivered for any reason whatsoever other than Tenant delay on or before six (6) months following the Anticipated Commencement Date, then this Lease shall be voidable by either party upon thirty (30) days' written notice to the other given at any time prior to delivery of possession in accordance with this Work Schedule and the Lease, provided that such notice shall be void if possession is delivered within said thirty (30) day period. If the Lease is voided pursuant to this provision, then any monies advanced by Tenant to Landlord shall be returned and the parties hereto shall have no further rights, claims or obligations under the Lease.

Delays in Occupancy. If for any reason, other than Tenant delay as Delays described in Paragraph 4 below, Landlord cannot or is unable to deliver possession of the Premises to Tenant on or before the Anticipated Commencement Date in accordance with and in the condition required by this Work Schedule Letter and the (lie Lease, the Lease Least shall not be void or voidable except as provided in the following sentence, and Landlord shall not be liable to Tenant for any loss or damage resulting from Landlord's failure or delay in so delivering possession of the Premises, but in such case (and subject to Paragraph 4 below) the Commencement Date shall not occur until Landlord is able to substantially complete the Work and deliver the Premises to Tenant in the condition required by this Lease; the Expiration Date, however, shall not otherwise be affected by such delay. Further, if for any reason other than strikes, casualties, Tenant delay, or other causes beyond the control of Landlord, possession (i) Landlord shall not have delivered Possession of the Premises is not delivered to Tenant within ninety or (90ii) days after if the Anticipated Commencement Date, or if possession is Tenant Delay Completion Date (as hereinafter deemed) shall not so delivered for any reason whatsoever other than Tenant delay have occurred on or before the date which is six (6) months following after the Anticipated Commencement Date, then this Lease shall be voidable by either party upon thirty (30) days' days written notice to the other given at any time prior to delivery of possession in accordance with this Work Schedule Letter and the Lease, provided that such notice shall be void if possession is delivered within said thirty (30) day period. If the Lease is voided pursuant to this provision, then any monies moneys advanced by Tenant to Landlord shall be returned and the parties hereto shall have no further rights, claims or obligations under the this Lease.

Delays in Occupancy. If the Tenant is not able to occupy the Premises on the commencement date stated above due to repairs or improvements to the Premises or due to a holdover from a prior tenant, then the commencement date for this Lease shall automatically be the date that the Tenant actually moves in. Rent will be prorated to reflect the actual move-in date. This provision shall not apply if the delay is caused by the Tenant. The Landlord shall not be liable to the Tenant for any reason, other than Tenant delay as described delays in Paragraph 4 below, occupancy. In the event that the Landlord cannot or is unable to deliver possession of the Premises to Tenant on or before upon the Anticipated Commencement Date in accordance with and in the condition required by this Work Schedule and the Lease, commencement of the Lease term, through no fault of Landlord or its agents, Landlord and its agents shall not be void or voidable except as provided in the following sentence, and Landlord shall not be liable have no liability under this Lease due to Tenant for any loss or damage resulting from Landlord's failure or delay in so delivering possession of the Premises, but in such case (and subject to Paragraph 4 below) the Commencement Date shall not occur until Landlord is able to deliver the Premises. In such event, Rent due shall be reduced on a prorated basis with Tenant responsible for payment of Rent beginning on the date the Premises are made available for delivery. Landlord or its agents shall have thirty (30) days in which to make Premises available for possession. At such time as Premises become available, Tenant agrees to accept the condition required by Premises and pay Rent as agreed upon in this Lease; . In the Expiration Date, however, shall not otherwise be affected by such delay. Further, if for any reason other than strikes, casualties, Tenant delay, or other causes beyond the control of Landlord, possession of event the Premises is cannot be delivered to Tenant within ninety (90) days after the Anticipated Commencement Datesuch time, through no fault of Landlord or if possession is not so delivered for any reason whatsoever other than Tenant delay on or before six (6) months following the Anticipated Commencement Dateits agents, then this Lease and all rights hereunder shall be voidable by either party upon thirty (terminate immediately. Upon expiration of the 30) days' written notice to the other given at any time prior to delivery of possession in accordance with this Work Schedule and the Lease, provided that such notice shall be void if possession is delivered within said thirty (30) -day period. If , if the Premises have not been delivered to Tenant, Landlord and Tenant agree to execute a written Lease is voided pursuant to this provision, then Termination Agreement with a full refund of any monies advanced Security Deposit or advance payments made by Tenant to Landlord shall be returned and the parties hereto shall have no further rights, claims or obligations under the LeaseTenant.