FAILURE TO GIVE POSSESSION Sample Clauses
FAILURE TO GIVE POSSESSION. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reason, Owner shall not be subject to any liability for failure to give possession on said date and the validity of the lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's inability to obtain possession) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancy. If permission is given to Tenant to enter into the possession of the demised premises or to occupy premises other than the demised premises prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant to pay rent. The provisions of this article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:
FAILURE TO GIVE POSSESSION. (a) If Landlord shall be unable to give possession of the Premises on the Projected Commencement Date by reason of the following: (i) the Building has not been sufficiently completed to make the Premises ready for occupancy, (ii) the Landlord Work is not Substantially Complete, 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 Rent reserved and covenanted to be paid herein shall not commence until the Premises are made available to Tenant by Landlord, and no such failure to give possession on the Projected Commencement Date shall affect the validity of this Lease or the obligations of Tenant hereunder. At the option of Landlord to be exercised within thirty (30) days of the delayed delivery of possession to Tenant, the Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. The said Premises shall be deemed to be ready for Tenant's occupancy and Substantially Complete in the event Landlord's Work is Substantially Complete in fact, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Landlord Work is Substantially Complete, the decision of Landlord's architect shall be final and binding on the parties, except as otherwise provided in Section 2.08.
(b) Notwithstanding any provision of Subsection (a) above to the contrary (but subject to the provisions of Section 2.08 in the event of a dispute as to Substantial Completion), if Substantial Completion of Landlord's Work does not occur on or before the Sunset Date (defined below), and Tenant has not, with Landlord's consent taken possession and occupancy of the Premises and commenced doing business (other than construction of the Tenant Work) from it prior to Substantial Completion of the Landlord Work, then, as Tenant's sole and exclusive remedy, Tenant shall have the option to terminate this Lease exercisable by giving written notice to Landlord within three (3) business days after the Sunset Date. If Tenant does not timely give notice of its election to terminate this Lease as aforesaid and Substantial Completion of Landlord's Work does not occur on or before the date which is thirty (30) days following the Sunset Date, then Tenant shall again have such option to terminate this Lease in the m...
FAILURE TO GIVE POSSESSION. Landlord shall not be liable for failure to give Tenant possession of the premises on the beginning date of the term. Rent shall be payable as of the beginning of the term unless landlord is unable to give possession. In that case, rent shall be payable when possession is available. Landlord will notify tenant as to the date possession is available. The ending date of the term will not change.
FAILURE TO GIVE POSSESSION. Landlord shall not be liable for failure to give tenant(s) possession of the house on the beginning date of the term if caused by factors beyond Landlord's control (natural disasters, University changing semester dates, terrorism/insurrection, need for extensive repairs/remodeling due to damages caused by previous tenant). In the rare case that this delay occurs, no rent is due or payable until the date when possession by tenants occurs. Landlord will notify tenants immediately of any delays in possession, and will keep tenants updated as to progress towards possession. Regardless of any delays in possession, the ending date of the term will not be changed.
FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A on the First Delivery Date or Space B on the Second Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) 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 Commencement Date shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the First Delivery Date or the Second Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If the Landlord shall be unable to give possession of Space C on the Third Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) 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 increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder.
FAILURE TO GIVE POSSESSION. If the Contractor suffers delay and / or incurs costs from failure on the part of the Employer to give possession and access in accordance with the terms of Sub-Clause 8.2, the Engineer shall, after due consultation with the Employer and the Contractor, determine any extension of time to which the Contractor is entitled under sub clause 8.6,8.7 and 8.8 of clause 8.
FAILURE TO GIVE POSSESSION. The Lessor shall not be liable for failure to give possession of the Leased Premises upon the Commencement Date by reason of the fact that the Leased Premises are not ready for occupancy, or due to prior lessee wrongfully holding over or any other person wrongfully in possession of the Leased Premises; in such event the rent shall not commence until possession is given or is available, but the term herein granted shall not be extended.
FAILURE TO GIVE POSSESSION. If MANAGEMENT cannot provide the apartment to RESIDENT at the start of this lease, RESIDENT cannot sue MANAGEMENT for any resulting damages but RESIDENT will not start paying rent until he/she gets possession of the apartment.
FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute of similar nature and purpose then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term. The provisions of this Article are intended to constitute an "express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. No such failure to give possession on the date set forth in Section 1.1 hereof for the commencement of the Term shall in any wise affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any wise to extend the Term.
FAILURE TO GIVE POSSESSION. If Landlord shall be unable to give possession of leased premises on the date of commencement of the term thereof, for any reason, Landlord shall not be subject to any liability for failure to give possession on said date. Under such circumstances the rent to be paid herein shall not commence until the possession of the premises is given or the premises are available for occupancy by Tenant and no such failure to give possession on date of commencement of the term shall in any way affect the validity of any part of this lease or the obligation of Tenant hereunder and shall not be construed in any way to extend the term of the lease.