Delivery of Expansion Space. If Landlord, after using reasonable efforts, shall be unable to give possession of any Expansion Space to Tenant on the proposed Expansion Space Commencement Date because of the holding-over or retention of possession of any tenant, subtenant or occupants, or for any other reason beyond Landlord’s reasonable control, Landlord shall not be subject to any liability for failure to give possession on said date, and the validity of the Original Lease, as amended by this Amendment, shall not be impaired by reason thereof, nor shall the same be construed so as to extend the Term with respect to the Expansion Space or any other premises, but the Expansion Space Commencement Date shall be deemed extended until the date on which Landlord shall have delivered possession thereof to Tenant (provided that Tenant shall not have caused or contributed to the inability to obtain possession); provided, however, that if such inability of Landlord to so deliver possession shall continue until the date (the “Expansion Space Outside Delivery Date”) one year after the proposed Expansion Space Commencement Date, then (provided that Tenant shall not have caused or contributed to the inability to obtain possession) Tenant, as Tenant’s sole remedy, by giving written notice to Landlord not later than fifteen (15) days after the Expansion Space Outside Delivery Date (with time of the essence), may cancel Tenant’s exercise of the Expansion Option (and failing the timely delivery of such notice Tenant shall be deemed to have waived the right to cancel Tenant’s exercise of the Exercise Option). If Tenant shall so cancel Tenant’s exercise of the Expansion Option, the Expansion Option shall be of no force or effect, but otherwise the Original Lease, as amended by this Amendment, shall continue unaffected and in full force and effect. The provisions of this Section 11.6 are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.
Delivery of Expansion Space. The first sentence of Article 23.04 of the Lease (including the chart showing the time periods within which Landlord agrees to deliver Expansion Space covered by each Expansion Option exercised in accordance with Article 23.01), as amended by the Third Amendment, is hereby amended and restated to provide as follows:
Delivery of Expansion Space. Subject to Section 23.01(g), Landlord shall deliver the Expansion Space covered by each Expansion Option exercised in accordance with Article 23.01 as early as possible (without relocating other tenants or affecting their rights) within the following time periods: Third June 2, 1997 June 2, 1998 Fourth June 2, 1999 June 2, 2000 Fifth June 2, 2001 June 2, 2002 Sixth June 2, 2003 June 2, 2004 Seventh June 2, 2005 December 2, 2006 Eighth February 28, 2007 February 29, 2008 Ninth September 1, 1996 Xxxxx 0, 0000 Xxxxx September 1, 1997 March 1, 1998”
Delivery of Expansion Space. Tenant shall accept the Expansion Space and all components thereof including, but not limited to, electrical and mechanical in its presently existing “as-is”, “where-is”, with all faults condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Expansion Space except as otherwise expressly set forth in the Tenant Work Letter attached hereto as Exhibit B and incorporated herein by reference. Notwithstanding anything else contained in this Expansion Premises Amendment, Landlord shall ensure the presently existing HVAC units at the Expansion Premises are delivered in good working order. The acceptance of the Expansion Space in “as-is” condition shall in no way limit Landlord’s repair obligations set forth in the Lease. The terms of the Existing Lease shall continue to control the construction obligations of the parties with regard to the Existing Premises.
Delivery of Expansion Space. On or before the Effective Date, Landlord shall deliver the Expansion Space to Tenant in its then current "as is" condition. Notwithstanding the foregoing, in the event that Landlord is unable to deliver the Expansion Space to Tenant by the Effective Date, regardless of the reason therefor, Landlord shall not be liable for any claims, damages or liabilities by reason thereof, nor shall such circumstances make the Lease or this First Amendment void or voidable, and Tenant's sole and exclusive remedy for such delay shall be a postponement of Tenant's obligation to pay Rent and Additional Rent for the Expansion Space; provided, however, that if Landlord is unable to deliver the Expansion Space to Tenant on or before the Effective Date due to a delay caused by Tenant or for any other cause related to Tenant's acts or omissions, Tenant's rental obligations under the Lease as amended hereby with respect to the Expansion Space shall begin on the Effective Date.
Delivery of Expansion Space. Landlord shall deliver the Expansion Space covered by each Expansion Option exercised in accordance with Article 23.01 within the following periods:
(a) as it relates to the First Expansion Option, Landlord will deliver the First Expansion Space on the Expansion Space Delivery Date (as defined below), and the Expansion Space Rent Commencement Date (as defined below) will occur between December 1, 2005 and November 30, 2006; and
(b) as it relates to the Second Expansion Option, Landlord will deliver the Second Expansion Space on the Expansion Space Delivery Date, and the Expansion Space Rent Commencement Date will occur between December 1, 2008 and November 30, 2009. With respect to each exercised Expansion Option, Landlord shall give Tenant not less than ninety (90) days written notice (the “Delivery Notice”) of the date on which Landlord will deliver the respective Expansion Space to Tenant, and such date shall be deemed the “Expansion Space Delivery Date.” The Expansion Space shall be added to the Premises as of the Expansion Space Delivery Date for all purposes under this Lease; provided, no Annual Rent, Occupancy Costs or Tax Cost shall be charged for the Expansion Space until the earlier of the date (i) Tenant occupies and commences business from the Expansion Space, or (ii) ninety (90) days after the Expansion Space Delivery Date identified in the Delivery Notice (either such date being the “Expansion Space Rent Commencement Date”). If Landlord fails to deliver the Expansion Space to Tenant on or before the Expansion Space Delivery Date identified in the Delivery Notice, the Expansion Space Rent Commencement Date will be delayed one day for each day during the period commencing on the Expansion Space Delivery Date identified in the Delivery Notice and the date on which Landlord actually delivered the Expansion Space to Tenant. Annual Rent for the Expansion Space shall be the Fair Rental Value as described in Article 23.05 of the Lease.
Delivery of Expansion Space. Tenant acknowledges that the suites comprising the Expansion Space are currently occupied by other tenants pursuant to lease agreements entered into between Landlord and such tenants. Landlord shall use reasonable efforts to notify Tenant of the delivery date of the suites in the Expansion Space once it obtains such estimated dates of substantial completion from its contractors. Notwithstanding the foregoing, it is understood that if and to the extent that Landlord is unable to deliver possession of the suites of the Expansion Space to Tenant due to delays caused by Tenant, then the Base Rent reserved for the respective suites shall commence to accrue on the date possession of the respective suites would have been delivered to Tenant but for the delays of Tenant. As of the date of this Agreement, no delays by Tenant currently exist. In the event that Tenant 71 occupies any portion of the Expansion Space prior to the date of substantial completion of such suite, Tenant shall pay Landlord prorated Base Rent for such suite during the period of occupancy thereof prior to the date of substantial completion thereof.
Delivery of Expansion Space. As of the First Amendment Effective Date, Tenant is in occupancy of Suites 700, 800 and 1100 pursuant to the Subleases. Landlord will deliver possession of the 10th Floor Space to Tenant as of the Expansion Date. If and to the extent that Landlord fails to deliver possession of the 10th Floor Space (or any portion thereof) as of the Expansion Date for any reason, including, but not limited to, any holding over by the current occupant of any portion of the 10th Floor Space, any such delay shall not subject Landlord to any liability for any loss or damage resulting therefrom. If and to the extent that Landlord fails to deliver the 10th Floor Space in full to Tenant by the Expansion Date, then the 10th Floor Rent Commencement Date will be delayed on a day for day basis for each day of delay in delivery of the 10th Floor Space beyond the Expansion Date.
Delivery of Expansion Space. Landlord delivers the Expansion Space to Tenant on the date hereof in "AS IS" condition.
Delivery of Expansion Space. Tenant shall accept the Expansion Space in its condition as of the date hereof, subject to the terms of Exhibit B-Work Letter (“Work Letter”) and all applicable Legal Requirements. Tenant’s taking possession of the Expansion Space shall be conclusive evidence that Tenant accepts the Expansion Space and that the Expansion Space was in good condition at the time possession was taken, subject to the provisions of the Work Letter. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Expansion Space, and/or the suitability of the Expansion Space for the conduct of Tenant’s business. Tenant shall have a right of access to the Expansion Space on the date hereof (“Expansion Commencement Date”), subject to Landlord’s right of access to the Expansion Space for the purpose of installation of the Demising Wall (as defined in the Work Letter), which occupancy shall be subject to all of the terms and conditions of the Lease, as amended hereby, except that Rent as to the Expansion Space shall not commence until the Expansion Rent Commencement Date.
