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:
Appears in 5 contracts
Samples: Lease Agreement (Edison Schools Inc), Office Lease (Electric Fuel Corp), Office Lease (Real Media Inc)
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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 procured, or if Owner has not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy the premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:
Appears in 3 contracts
Samples: Lease Agreement (National Medical Health Card Systems Inc), Lease Agreement (National Medical Health Card Systems Inc), Lease Agreement (Sandata Technologies Inc)
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 if Owner has not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) 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 223.a of the New York Real Property Law. No Waiver:
Appears in 2 contracts
Samples: Loft Lease (Firetector Inc), Lease Agreement (Firetector Inc)
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 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 the inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in the condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:: The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation form having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed in acceptance of a surrender of said premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 2 contracts
Samples: Lease Agreement, Store Lease (Swiss Army Brands Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-holding over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the (date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by Owner or Tenant unless such waiver be in writing signed by Owner or Tenant, as the case may be. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent., nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises.
Appears in 2 contracts
Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises 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 occupants, or if the demised premises are located in a building being constructed, because such building Landlord has not been sufficiently completed any work required to make the premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured be performed by Landlord, or for any other reason, Owner Landlord 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 manner 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 Landlord shall have given Tenant written notice that the premises Demised Premises are substantially ready for Tenant's ’s occupancy. If permission is given to Tenant to enter into the possession of the demised premises Demised Premises or to occupy premises any space in the Building other than the demised premises 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 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:.
Appears in 2 contracts
Samples: Office Lease, Office Lease Agreement (Neutral Tandem Inc)
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 if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. The provisions of this article are intended to constitute "“an express provision to the contrary" ” within the meaning of Section 223-223 a of the New York Real Property Law. No Waiver:.
Appears in 2 contracts
Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)
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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:
Appears in 2 contracts
Samples: Office Lease (Organic Inc), Office Lease (Global Sources LTD)
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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 2 contracts
Samples: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
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 import then in force and effect and further waives the right to recover any damages that may result from Landlord’s failure to deliver possession of the Premises on the Commencement Date. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the date specified in Section 1.3 hereof, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in any way to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as Commencement Date, for the commencement conduct of the term of this leaseTenant’s business, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 2 contracts
Samples: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises Apartment on the date of the commencement of the term hereofterm, because of the holding-over occupant refuses to give up possession, 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 construction has not been sufficiently completed to make the premises it ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reasoncause beyond the Landlord’s reasonable control, Owner Landlord shall not be subject to any liability for failure to give possession on said date and the date. The validity of the lease Lease shall not be impaired under such circumstancesby reason of Landlord’s failure to give possession, nor shall the same be construed in any wise to extend the term of this leasethe Lease, but the rent payable hereunder shall be abated suspended (provided Tenant is not responsible for Owner's the inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises are Apartment is substantially ready for Tenant's ’s occupancy. If permission is given After the lapse of a reasonable period to give the Landlord adequate opportunity to give possession, Tenant to enter into the possession may notify Landlord in writing that in Tenant’s opinion a reasonable period will have elapsed as of the demised premises date set forth in Tenant’s notification, which will not be less than thirty (30) days from the date of giving such notice, and the lease shall terminate as of the date set forth in Tenant’s written notice without other or to occupy premises other than the demised premises further liability as between Landlord shall give possession prior to the date specified as the commencement such termination. The parties agree to submit any dispute arising out of the term interpretation 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:Commissioner or his designee.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises apartment on the date of the commencement of term because the term hereofoccupant refuses to give up possession, or 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 construction has not been sufficiently completed to make the premises it ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured procured, or for any other reasoncause beyond the Landlord’s reasonable control, Owner Landlord shall not be subject to any liability for failure to give possession on said date and the date. The validity of the lease this Agreement shall not be impaired under such circumstancesby reason of Landlord’s failure to give possession, nor shall the same be construed in any wise to extend the term of this leaseAgreement, but the rent payable hereunder shall be abated suspended (provided Tenant is not responsible for Owner's the inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises are apartment is substantially ready for Tenant's ’s occupancy. If permission is given After the lapse of a reasonable period to give the Landlord adequate opportunity to give possession, Tenant to enter into the possession may notify Landlord in writing that in Tenant’s opinion a reasonable period will have elapsed as of the demised premises date set forth in Tenant’s notification, which will not be less than 30 days from the date of giving such notice, and this Agreement shall terminate as of the date set forth in Tenant’s written notice without other or to occupy premises other than the demised premises further liability as between Landlord and Tenant unless Landlord shall give possession prior to the date specified as the commencement such termination. The parties agree to submit any dispute arising out of the term interpretation 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:Commissioner or his designee.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, 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:Rent.
Appears in 2 contracts
Samples: Assignment and Amendment of Lease (Talkpoint Communications Inc), Lease Agreement (Nextvenue Inc)
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 occupants, or if the demised premises are located in a building being constructed, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's the 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 at 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" contrary within the meaning of Section 223-a of the New York Real Property Law. No Waiver:
Appears in 2 contracts
Samples: Store Lease (Craig Corp), Lease Agreement (Reading Entertainment Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-holding over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by Owner or Tenant unless such waiver be in writing signed by Owner or Tenant, as the case may be. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent., nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises.
Appears in 2 contracts
Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
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 and additional rent or other charges or payments due hereunder payable hereunder shall be abated (provided Tenant is not responsible for Owner's inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:
Appears in 2 contracts
Samples: Office Lease (Media Metrix Inc), Sublease (Media Metrix Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 procured, or if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated closed (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this lease, or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant, or receipt by Owner, of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. All checks tendered to Owner as and for the rent of the demised premises shall be deemed payments for the account of Tenant. Acceptance by Owner of rent from anyone other than Tenant shall not be deemed to operate as an attornment to Owner by the payor of such rent, or as a consent by Owner to an assignment or subletting by Tenant of the demised premises to such payor, or as a modification of the provisions of this lease. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as termination of the lease or a surrender of the demised premises. Waiver of Trial by Jury: 26. It is mutually agreed by and between Owner and Tenant that the respective parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other (except for personal injury or property damage) on any matters whatsoever arising out of or in any way connected with this lease, the relationship of Owner and Tenant, Tenant’s use of or occupancy of demised premises, and any emergency statutory or any other statutory remedy. It is further mutually agreed that in the event Owner commences any proceeding or action for possession, including a summary proceeding for possession of the demised premises, Tenant will not interpose any counterclaim, of whatever nature or description, in any such proceeding including a counterclaim under Article 4, except for statutory mandatory counterclaims. Inability to Perform: 27. This lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on part of Tenant to be performed shall in no way be affected, impaired or excused because Owner is unable to fulfill any of its obligations under this lease, or to supply, or is delayed in supplying, any service expressly or impliedly to be supplied, or is unable to make, or is delayed in making any repairs, additions, alterations or decorations, or is unable to supply, or is delayed in supplying any equipment, fixtures or other materials, if Owner is prevented or delayed from doing so by reason of strike or labor troubles, or any cause whatsoever beyond Owner’s sole control including, but not limited to, government preemption or restrictions, or by reason of any rule, order or regulation of any department or subdivision thereof any government agency, or by reason of the conditions which have been or are affected, either directly or indirectly, by war or other emergency.
Appears in 2 contracts
Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised demises 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 2 contracts
Samples: Office Lease (American Portfolios Holdings Inc), Office Lease (American Portfolios Holdings Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the the demised premises on the date of the commencement of the term hereof, hereof because of the holding-holding over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified spccified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:low.
Appears in 2 contracts
Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
FAILURE TO GIVE POSSESSION. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date Projected Commencement Date by reason of the commencement of the term hereofLandlord Work not being Substantially Complete, 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 then Landlord shall not be subject to any liability for the failure to give possession on said date date. Under such circumstances the Rent reserved and covenanted to be paid herein shall not commence until ten (10) days after the Premises are delivered 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 lease shall not be impaired under such circumstances, nor shall obligations of the same be construed in any wise to extend the term of this lease, but the rent payable hereunder Tenant hereunder. The Lease shall be abated (provided Tenant is not responsible for Owner's inability to obtain possession) until after Owner shall have given Tenant written notice amended so that the premises are substantially ready for Tenant's occupancyTerm shall be extended by the period of time possession is delayed. 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 The Premises shall be deemed to be under all ready for Tenant’s occupancy in the termsevent Landlord’s Work is Substantially Complete, covenants, conditions and provisions or if the delay in the availability of this lease, except the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant. In the event of any dispute as to whether the covenant Landlord Work is Substantially Complete, the decision of Landlord’s architect shall be final and binding on the parties. Notwithstanding the foregoing, if the Premises have not been delivered to pay rent. The provisions Tenant within thirty (30) days following the Projected Commencement Date, Tenant shall have the right to terminate this Lease by delivery of this article are intended written notice thereof to constitute "an express provision Landlord; in which event, all sums deposited by Tenant shall be restored to the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:Tenant and neither party shall have any further obligations or rights hereunder.
Appears in 2 contracts
Samples: Lease (Lucira Health, Inc.), Lease (Lucira Health, Inc.)
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 import then in force and further waives the right to recover any damages which may result from Landlord’s failure to deliver possession of the Premises on the date set forth herein for the commencement of the Term. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession, the Rent reserved and covenanted 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 such date shall in anyway 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 same be construed in any way to extend the Term, except as specifically provided in Subsection 1B(ii) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyhereof. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 2 contracts
Samples: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)
FAILURE TO GIVE POSSESSION. If 24. Except as set forth herein, if Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-holding over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner to seek redress for vio- lation of, or to insist upon the strict performance of, any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by Owner or Tenant unless such waiver be in writing signed by Owner or Tenant, as the case may be. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent., nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises.
Appears in 2 contracts
Samples: Sublease Agreement (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)
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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 the 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:.
Appears in 2 contracts
Samples: Lease Agreement (Blue Fish Clothing Inc), Lease Agreement (Blue Fish Clothing Inc)
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 under tenant 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 if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's ’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:.
Appears in 2 contracts
Samples: Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc)
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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 teen procured, or if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:.
Appears in 2 contracts
Samples: Loft Lease (Integral Ad Science Holding LLC), Lease Agreement (Integral Ad Science Holding LLC)
FAILURE TO GIVE POSSESSION. If Owner is unable to give possession of the demised premises Demised Premises on the date of the commencement of the term hereof, because of the holding-holding over or retention of possession of any tenant, undertenant or occupants or if the demised premises 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. Notwithstanding the foregoing, if Owner is unable to deliver possession of the premises by April 1, 2005, Tenant shall have the right to terminate this lease. If permission Permission is given to Tenant to enter into the possession of the demised premises Demised Premises or to occupy premises other than the demised premises 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 and additional rent. The provisions of this article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a 223 -a of the New York Real Property Law. Notwithstanding the foregoing, Owner shall give possession within 90 days after a fully executed copy of this lease is exchanged between the parties, subject, however, to the obligation of the Tenant to perform any work it is to perform in a timely manner. No Waiver:: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. Owner shall enforce all such Rules and Regulations in a uniform and non-discriminatory manner. The receipt by Owner and the payment by Tenant of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner or Tenant unless such waiver be in writing signed by the party granting the waiver. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
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-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 five 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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised demises premises or to occupy premises other than the demised premises prior to the date specified as the commencement of the term of this leaselese, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. The provisions of this article are intended to constitute "an express provision to the contrarycontrary " within the meaning of Section 223-a of the New York Real Property Law. No Waiver:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agent during the term hereby demised shall be deemed an acceptance of a surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
Samples: Office Lease (Ijc Ventures Corp)
FAILURE TO GIVE POSSESSION. If Owner is unable to give possession of the demised premises on the date of the commencement commencements 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 if the Owner has not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:: 25. The failure of [12] to seek redress for violation of, or [13] to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulation shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. All checks tendered to Owner as and for the rent of the demised premises shall be deemed payments for the account of Tenant. Acceptance by Owner of rent from anyone other than Tenant shall not be deemed to operate as an attornment to Owner by the payor of such rent or as a consent by Owner to an assignment or subletting by Tenant of the demised premises to such payor, or as a modification of the provisions of this lease. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agents shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
Samples: Lease Agreement (Take Two Interactive Software Inc)
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:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises.
Appears in 1 contract
Samples: Loft Lease (Critical Home Care Inc)
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises 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 occupants, or if the demised premises are located in a building being constructed, because such building Landlord has not been sufficiently completed any work required to make the premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured be performed by Landlord, or for any other reason, Owner Landlord 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 manner 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 Landlord shall have given Tenant written notice that the premises Demised Premises are substantially ready for Tenant's occupancy. If permission is given to Tenant to enter into the possession of the demised premises Demised Premises or to occupy premises any space in the Building other than the demised premises 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 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:NEW YORK REAL PROPERTY LAW.
Appears in 1 contract
Samples: Office Lease (Fusion Telecommunications International Inc)
FAILURE TO GIVE POSSESSION. If Owner 3.01 (a) Tenant acknowledges and agrees that it has been advised by Landlord that certain portions of the Demised Premises initially demised to Tenant hereunder which are cross hatched on Exhibit B annexed hereto (such space is unable hereinafter called "Occupied Space") are currently under Lease and/or occupied by tenants. Tenant agrees that the term of this Lease shall commence on the date hereof notwithstanding Landlord's inability to give deliver to Tenant on the Commencement Date vacant possession of the demised premises on the date Occupied Premises. Except as otherwise expressly set forth in this lease, Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant by reason of the commencement of the term hereof, because of the holding-over or retention delivery 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 Occupied Space to make Tenant after the premises ready Commencement Date. The parties hereto further agree that the failure to have the Occupied Space available for occupancy or because by Tenant on the Commencement Date shall in no way affect the obligations 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 circumstancesTenant hereunder except as hereinafter expressly set forth, nor shall the same be construed in any wise way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's inability . Landlord agrees to use reasonable efforts 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 Occupied Space, including, without limitation, where applicable, the demised premises prior to institution and diligent prosecution of holdover proceedings, in the date specified as the commencement event of the term of this lease, Tenant covenants and agrees that such occupancy a holdover. This Section 3.01 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 contrary of Section 223-a of the Real Property Law of the State of New York Real Property Law. No Waiver:and any other law of like import now or hereafter in force.
Appears in 1 contract
Samples: Lease Agreement (Ivillage Inc)
FAILURE TO GIVE POSSESSION. If Owner Xxxxxxxx is unable to give possession of the demised premises Apartment on the date of the commencement of the term hereofterm, because of the holding-over occupant refuses to give up possession, 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 construction has not been sufficiently completed to make the premises it ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reasoncause beyond the Landlord’s reasonable control, Owner Landlord shall not be subject to any liability for failure to give possession on said date and the date. The validity of the lease Lease shall not be impaired under such circumstancesby reason of Landlord’s failure to give possession, nor shall the same be construed in any wise to extend the term of this leasethe Lease, but the rent payable hereunder shall be abated suspended (provided Tenant is not responsible for Owner's the inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises are Apartment is substantially ready for Tenant's ’s occupancy. If permission is given After the lapse of a reasonable period to Tenant give the Landlord adequate opportunity to enter into the possession give possession, Xxxxxx may notify Landlord in writing that in Xxxxxx’s opinion a reasonable period will have elapsed as of the demised premises date set forth in Tenant’s notification, which will not be less than thirty (30) days from the date of giving such notice, and the Lease shall terminate as of the date set forth in Tenant’s written notice without other or to occupy premises other than the demised premises further liability as between Landlord and Tenant unless Landlord shall give possession prior to the date specified as the commencement such termination. The parties agree to submit any dispute arising out of the term interpretation 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 Commissioner of Section 223-a of the New York Real Property Law. No Waiver:his designee.
Appears in 1 contract
Samples: Lease Agreement
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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises demises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:.
Appears in 1 contract
Samples: Office Lease (PCI Media, Inc.)
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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 possession or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises Premises on the date of the commencement of the term hereof, hereof because of the holding-holding over or retention of possession of any tenant, undertenant or occupants or if the demised premises Premises are located in a building being constructed, because such building has not been sufficiently completed to make the premises Premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured or if Landlord has not completed any work required to be performed by Landlord, or for any other reason, Owner . Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the lease Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this leaseLease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's Landlord’s inability to obtain possessionpossession or complete any work required) until after Owner Landlord shall have given Tenant written notice that the premises Premises are substantially ready for Tenant's ’s occupancy. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseLease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to the covenant to pay rent. The provisions of this article 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:.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner Xxxxxxxx is unable to give possession of the demised premises Apartment on the date of the commencement of the term hereofterm, because of the holding-over occupant refuses to give up possession, 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 construction has not been sufficiently completed to make the premises it ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reasoncause beyond the Landlord’s reasonable control, Owner Landlord shall not be subject to any liability for failure to give possession on said date and the date. The validity of the lease Lease shall not be impaired under such circumstancesby reason of Landlord’s failure to give possession, nor shall the same be construed in any wise to extend the term of this leasethe Lease, but the rent payable hereunder shall be abated suspended (provided Tenant is not responsible for Owner's the inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises are Apartment is substantially ready for Tenant's ’s occupancy. If permission is given After the lapse of a reasonable period to give the Landlord adequate opportunity to give possession, Tenant to enter into the possession may notify Landlord in writing that in Xxxxxx’s opinion a reasonable period will have elapsed as of the demised premises date set forth in Tenant’s notification, which will not be less than thirty (30) days from the date of giving such notice, and the Lease shall terminate as of the date set forth in Tenant’s written notice without other or to occupy premises other than the demised premises further liability as between Landlord and Tenant unless Landlord shall give possession prior to the date specified as the commencement such termination. The parties agree to submit any dispute arising out of the term interpretation 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 Commissioner of Section 223-a of the New York Real Property Law. No Waiver:his designee.
Appears in 1 contract
Samples: Lease Agreement
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises demises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner, or the tender by Tenant, of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by Owner or Tenant, as the case may be, unless such waiver be in writing signed by Owner or Tenant, as the case may be, No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises.
Appears in 1 contract
Samples: Office Lease (REGENXBIO Inc.)
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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. The provisions of this article are intended to constitute continue "an express provision to the contrary" within the meaning of Section 223-223 a of the New York Real Property Law. No Waiver:. ---------
Appears in 1 contract
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 import then in force, or otherwise, and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term for any reason whatsoever, including, but not limited to, the failure of the present tenant of the Premises to vacate and surrender the Premises to Landlord. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 1 contract
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-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 Xxxxxx 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 221a of the New York Real Property Law. No Waiver:
Appears in 1 contract
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 if Owner has not completed any work required to be performed by Owner, 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 Xxxxxx is not responsible for Owner's inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:
Appears in 1 contract
Samples: Lease Extension (Accufacts Pre Employment Screening Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 procured, or if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, . Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:waiver: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of, any convenient or condition of this lease, or of any of the Rules and Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Owner of rent with Knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by either party. Owner unless such waiver be in writing signed by such party Owner. No payment by Tenant, or receipt by Owner, of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than an account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. All checks tendered to Owner as and for the rent of the demised premises shall be deemed payments for the account of Tenant. Acceptance by Owner of rent from anyone other than Tenant shall not be deemed to operate as an attornment to Owner by the payor of such rent, or as a consent by Owner to an assignment or subletting by Tenant of the demised premises to such payor or as a modification of the provisions of the lease. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises.
Appears in 1 contract
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 if Owner has not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) 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:: 25. The Failure of Owner (25A) to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner (25A) unless such waiver be in writing signed by Owner (25B). No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. All checks tendered to Owner as and for the rent of the demised premises shall be deemed payments for the account of Tenant. Acceptance by Owner of rent from anyone other than Tenant shall not be deemed to operate as an attornment to Owner by the payor of such rent or as a consent by Owner to an assignment or subletting by Tenant of the demised premises to such payor, or as a modification of the provisions of this lease. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises Premises on the date of the commencement of the term hereof, set forth in Paragraph 1G because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located otherwise as set forth in a building being constructedParagraph 26J above, 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 Landlord shall not be subject to any liability for failure to give possession on said date possession, and the validity of the lease this Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise way to extend the term of this leaseTerm; provided, but however, that Tenant's sole remedy shall be that the rent Rent payable hereunder shall be abated (provided Tenant is not responsible in whole or in part for Owner's the inability to obtain possessionpossession or any failure by Landlord to Substantially Complete Landlord's Work) until after Owner Landlord shall have given Tenant written notice that the premises Premises are substantially Substantially Completed or 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 occupancy (prior to the date specified in Paragraph 1G as the commencement Commencement Date of the term of this lease, Term) and Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, Lease except as to the covenant to pay rent. The provisions payment 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:Rent.
Appears in 1 contract
Samples: Lease Agreement (Sonic Foundry Inc)
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises Premises on the date of the commencement of the term hereofCommencement Date, because of the holding-over or retention of possession of any tenant, undertenant or occupants or if the demised premises Premises are located in a building Building being constructed, because such building Building has not been sufficiently completed to make the premises Premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reason, Owner Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the lease Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this leaseLease, but the rent payable hereunder shall be abated as set forth in Article 3 (provided Tenant is not responsible for Owner's Landlord’s inability to obtain possessionpossession or complete construction) until after Owner Landlord shall have given Tenant written notice that the premises are substantially ready Landlord is able to deliver possession in condition required by this Lease. During such period, Tenant’s occupancy of space on Floors 2, 3, 4, and 5 shall continue and its required dates for Tenant's occupancysurrender of such space shall be postponed for the period of Landlord’s failure. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, Lease except as to the covenant obligation to pay rentthe annual Fixed Rent set forth in the preamble to this Lease. 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:.
Appears in 1 contract
Samples: Lease Agreement (Merisel Inc /De/)
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 holdinghold-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 way 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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises or to occupy premises other than the that then demised premises prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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. [Insert 23a] No Waiver:: 25. The failure of [Insert 23b] to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach an no provision of this lease shall be deemed to have been waived by [Insert 23b] unless such waiver be in writing signed by [Insert 23c]. No payment by Tenant or receipt by Owner of a lesser amount then the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the leases and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
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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 if Owner had not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:
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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 if Owner has not completed any work required to be performed by Owner, 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 ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/ or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:.
Appears in 1 contract
Samples: Loft Lease (American Realty Capital New York Recovery Reit Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term terms 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 if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the ther terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:..
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FAILURE TO GIVE POSSESSION. 24. 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 Commencement Date because of the fact that a certificate of occupancy has not been procured or for if Owner has not completed any other reasonwork required to be performed by Owner, 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 possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. All checks tendered to Owner as and for the rent of the demised premises shall be deemed payments for the account of Tenant. Acceptance by Owner of rent from anyone other than Tenant shall not be deemed to operate as an allotment to Owner by the payor of such rent or as a consent by Owner to an assignment or subletting by Tenant of the demised premises to such payor, or as a modification of the provisions of this lease. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or
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FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises 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 occupants, or if the demised premises are located in a building being constructed, because such building Landlord has not been sufficiently completed any work required to make the premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured be performed by Landlord, or for any other reason, Owner Landlord 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 manner to extend the term of this leaseLease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises Premises are substantially ready for Tenant's ’s occupancy. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises any space in the Building other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseLease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to the covenant to pay rent. The provisions of this article 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:.
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FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, hereof because of the holding-holding over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of, any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach, and no provision of this lease shall be deemed to have been waived by Owner or Tenant unless such waiver be in writing signed by Owner or Tenant, as the case may be. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent., nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of the demised premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the demised premises. Waiver of Trial by Jury: 26. It is mutually agreed by and between Owner and Tenant that the respective parties hereto shall and they hereby do, waive trial by jury in any action proceeding or counterclaim brought by either of the parties hereto against the other (except for personal injury or property damage) on any matters whatsoever arising out of, or in any way connected with, this lease, the relationship of Owner and Tenant, Tenant’s use of, or occupancy of, the demised premises, and any emergency statutory or any other statutory remedy. It is further mutually agreed that in the event Owner commences any proceeding or action for possession, including a summary proceeding for possession of the demised premises, Tenant will not interpose any counterclaim of whatever nature or description in any such proceeding, including a counterclaim under Article 4, except for statutory mandatory counterclaims. The foregoing shall not prohibit Tenant from bringing a separate plenary action against Owner.
Appears in 1 contract
Samples: Standard Office Lease
FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises Premises on the date of the commencement of the term hereof, 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 Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the lease Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this leaseLease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's Landlord’s inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises Premises are substantially ready available for Tenant's ’s occupancy. If , if permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as at the commencement of the term of this leaseLease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, 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:.
Appears in 1 contract
Samples: Lease Agreement (Borderfree, Inc.)
FAILURE TO GIVE POSSESSION. If Owner Landlord 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 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 Landlord 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 the inability to obtain possession) until after Owner Landlord shall have given Tenant written notice that the premises are substantially ready for Tenant's ’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:.
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FAILURE TO GIVE POSSESSION. 22. 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 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 the inability to obtain possession) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's ’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 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:: 23. The failure of Owner to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations set forth or hereafter adopted by owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed in acceptance of a surrender of said premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employees shall not operate as a termination of the lease or a surrender of the premises.
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FAILURE TO GIVE POSSESSION. 24. 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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 convenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenantsconvenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. The provisions of this article are intended to constitute and "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. NO WAIVER: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No Waiver:payment by Tenant or receipt by Owner of a lessor amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agent during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner of Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
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 of 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 of 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 liability 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 Tenants 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:
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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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term for any reason whatsoever, including, but not limited to, the failure of the present tenant of the Premises to vacate and surrender the Premises to Landlord. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
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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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in anywise affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anywise to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 1 contract
Samples: Lease Agreement (Global Broadcasting Systems Inc/Fa)
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 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's the inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in the condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:Landlord represents the demised premises are vacant.
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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 precured 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:shall
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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 occupancy24. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble of this lease. 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:: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
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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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants or occupants, of if the demised premises are located in a building being constructedconstrued, 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 procured, or if Owner has not completed any work required to be performed by Owner, 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 way 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 possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. The provisions of this article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a 223 of the New York Real Property Law. No Waiver:
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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 if Owner has not 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 ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given give Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:.
Appears in 1 contract
Samples: Loft Lease (Nara Bancorp Inc)
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 ’s inability to obtain possession) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's ’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. 25. No Waiver:: The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a sur-render of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or’ a surrender of the premises. See§ 74(l)(vii). - 10 - 26.
Appears in 1 contract
Samples: Operating Lease Agreement
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-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 Xxxxxx 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 223-2.23 a of the New York Real Property Law. No Waiver:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
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FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease and further waives the right to recover any damages which may result from Landlord’s failure to deliver possession of the Premises in a timely manner. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Xxxxxx, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in any way to extend the premises are substantially ready for Tenant's occupancyTerm, except as otherwise explicitly set forth herein. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:.
Appears in 1 contract
Samples: Lease Agreement
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 if Owner has not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) 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 Covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions conditions, and provisions of this lease, except as to the covenant covenants 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:Waiver 25. The failure of Owner or other person to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. All checks tendered to Owner as and for the rent of the demised premises shall be deemed payments for the account of Tenant. Acceptance by Owner of rent from anyone other than tenant shall not be deemed to operate as an attornment to Owner by the payor of such rent or as a consent by Owner to an assignment or subletting by Tenant of the demised premises to such payor, or as a modification of the provisions of this lease. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises Waiver of Trial by Jury: 26. It is mutually agreed by and between Owner and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either or the parties hereto against the other (except for personal injury or property damage) on any matters whatsoever arising out of or in any way connected with this lease, the relationship of Owner and Tenant, Tenant's use of or occupancy of
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FAILURE TO GIVE POSSESSION. If Owner Landlord is unable to give possession of the demised premises on the date of the commencement of the term hereofthereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 Landlord 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 the inability to obtain possession) until after Owner Landlord 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:
Appears in 1 contract
Samples: Lease Agreement (Alloy Online Inc)
FAILURE TO GIVE POSSESSION. If Owner is the Landlord shall be unable to give possession of the demised premises Premises on the date Projected Commencement Date by reason of the commencement of following: (i) the term hereofBuilding has not been sufficiently completed to make the Premises ready for occupancy, because of (ii) the holding-Initial Improvements are not Substantially Complete, (iii) the holding over or retention of possession of any tenant, undertenant tenants or occupants 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 (iv) for any other reason, Owner then Landlord shall not be subject to any liability for the failure to give possession on said date 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 lease obligations of the 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 not be impaired under such circumstances, nor shall the same be construed in any wise to extend amended so that the term of this lease, but the rent payable hereunder shall be abated (provided Tenant extended by the period of time possession 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 occupancydelayed. 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 The said Premises shall be deemed to be under all ready for Tenant’s occupancy in the termsevent the Initial Improvements are Substantially Complete, covenants, conditions and provisions or if the delay in the availability of this lease, except 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 covenant to pay rent. The provisions Initial Improvements are Substantially Complete, the decision of this article are intended to constitute "an express provision to Landlord’s architect shall be final and binding on the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:parties.
Appears in 1 contract
Samples: Office Lease Agreement (E2open Inc)
FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). 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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises by such date for any reason whatsoever. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the or prior to such 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 no 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 such date and shall in any way affect the validity of this Lease or the lease shall not be impaired under such circumstances, nor shall the same be construed in obligations of Tenant hereunder or give rise to any wise to extend the term claim for damages by Tenant or claim for rescission 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 occupancyLease. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, 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 Lease excluding 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:Rent.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner is the Landlord shall be unable to give possession of the demised premises Premises on the date Projected commencement Date by reason of the commencement following: (I) the initial improvements are not Substantially Complete (through no fault of Landlord), or (ii) the term hereof, because of the holding-holding over or retention of possession of any tenant, undertenant tenants or occupants or if occupants, 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 Landlord shall not be subject to any liability for the failure to give possession on said date sold 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 the initial improvements are Substantially Complete, and no such failure to give possession on the Projected Commencement Date shall affect the validity of this Lease or the lease obligations of the Tenant hereunder. The Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend amended so that the term of this lease, but the rent payable hereunder shall be abated (provided Tenant extended by the period of time possession 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 occupancydelayed. 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 The said Premises shall be deemed to be under all ready for Tenant's occupancy in the termsevent the initial improvements are Substantially Complete, covenants, conditions and provisions or if the delay in the availability of this lease, except 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 covenant to pay rent. The provisions initial improvements are Substantially Complete, the decision of this article are intended to constitute "an express provision to Landlord's architect shall be final and binding on the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:parties.
Appears in 1 contract
Samples: Office Lease (Americo Life Inc)
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 if Owner has not competed any work required to be performed by Owner, 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 possessionpossession or complete any work required) 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:.
Appears in 1 contract
Samples: Lease Agreement (Opus360 Corp)
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 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 the inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in the condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:.
Appears in 1 contract
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, hereof because of the holding-over or retention of possession of any tenantTenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way 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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises demises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner is unable to give possession of the demised premises Demised Premises on the date of the commencement of the term hereofLease Commencement Date, because of the holding-over or retention of possession of any tenantTenant, undertenant or occupants or if the demised premises 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 this Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this leaseLease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this Lease. If permission is given to Tenant to enter into the possession of the demised premises Demised Premises or to occupy premises other than the demised premises Demised Premises prior to the date specified as the commencement of the term of this lease, Lease Commencement Date. Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease except the obligation to pay the amount of fixed Base Rent set forth in this Lease, except as but if the Demised Premises are occupied prior to the covenant to Rent Commencement Date, Tenant shall pay rent. The provisions of this article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-a amount of the New York Real Property Law. No Waiver:Electricity Inclusion Factor, prorated for the period so occupied.
Appears in 1 contract
Samples: Lease Agreement (Edgar Online Inc)
FAILURE TO GIVE POSSESSION. 24. 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 under-tenant 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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. The provisions of this article are intended to constitute an "an express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. NO WAIVER: 25. The failure of Owner or Tenant to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner or payment of Tenant of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner or Tenant unless such waiver be in writing signed by Owner or Tenant. No Waiver:payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agent during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
Samples: Office Lease (Paligent Inc)
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 reasonreasons, 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 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:.
Appears in 1 contract
Samples: Sublease Agreement (International Telecommunication Data Systems Inc)
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 import then in force and further waives the right to recover any damages which may result from Landlord’s failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 1 contract
Samples: Lease Agreement (Intralinks Inc)
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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the demised premises ready for occupancy occupancy, or because of the fact that a certificate of occupancy has not been procured 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 way to extend the term of this lease, but the 24.1 rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises demises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:.
Appears in 1 contract
Samples: Office Lease (Olo Inc.)
FAILURE TO GIVE POSSESSION. If Owner is unable to give possession of the demised premises Demised Premises on the date of the commencement of the term hereof, because of the holding-holding over or retention of possession of any tenant, undertenant or occupants or if the demised premises Demised Promises are located in a building Building being constructed, because such building 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 Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this leaseLease, 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 Demised Premises or to occupy premises other than the demised premises prior to Demised Premises other than the date specified as the commencement of the term of this leaseLease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to the covenant to pay rent. The provisions of this article 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:.
Appears in 1 contract
Samples: Office Lease (Virage Inc)
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 if Owner has not completed any work required to be performed by Owner, 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 ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/ or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. The provisions of this article are arc 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:.
Appears in 1 contract
Samples: Loft Lease (American Realty Capital New York Recovery Reit Inc)
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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term for any reason whatsoever, including, but not limited to, the failure of the present tenant of the Premises to vacate and surrender the Premises to Landlord. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including the covenant to pay rentRent as expressly provided herein. 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:21 27
Appears in 1 contract
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:: ---------
Appears in 1 contract
Samples: Lease Agreement (Razorfish Inc)
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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term for any reason whatsoever, including, but not limited to, the failure of the present tenant of the Premises to vacate and surrender the Premises to Landlord. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant (i.e., Landlord’s Work is substantially completed), and no such failure to give possession on such date shall have given in any way affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. Except as otherwise expressly set forth herein, 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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth herein for the commencement of the Term. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date of the commencement of the term hereofsuch date, 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 such inability to obtain give possession) , the Rent reserved and covenanted to be paid herein shall not commence until after Owner the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall have given in anyway affect the validity of this Lease or the obligations of Tenant written notice that hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anyway to extend the premises are substantially ready for Tenant's occupancyTerm. If permission is given to Tenant to enter into the possession of the demised premises Premises or to occupy premises other than the demised premises Premises prior to the date specified as the commencement of the term of this leaseCommencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this leaseLease, except as to including 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:Rent.
Appears in 1 contract
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-holding- over or retention of possession of any tenant, undertenant or occupants or if it 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 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 way 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) 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 223-223 a of the New York Real Property Law. No Waiver:.
Appears in 1 contract
Samples: Sublease (Miningco Com Inc)
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 under tenant or occupants or if the demised premises are located in a an 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 not be impaired under such circumstances, nor shall the same be construed constructed 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:
Appears in 1 contract
Samples: Lease Agreement (Compuflight Inc)
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, hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants 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 procured, or if Owner has not completed any work required to be performed by Owner, 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 way to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is due to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. If permission is given to Tenant to enter into the possession of the demised premises premises, or to occupy premises other than the demised premises premises, prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:.
Appears in 1 contract
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 procedure 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:.
Appears in 1 contract
Samples: Lease Agreement (Paradise Music & Entertainment Inc)
FAILURE TO GIVE POSSESSION. If Owner owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, because of the holding-holding over or retention of possession of any tenant, undertenant under-tenant 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 demised premises ready for occupancy or because of the fact that a certificate of or 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 way 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 demised 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 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:
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner the Landlord shall be unable to give possession of the Demised Premises on the Commencement Date of the Lease Term by reason of any of the following: (i) the Building has not been sufficiently completed to make the Demised Premises ready for occupancy, (ii) the Landlord has not cleaned the carpet in or painted the Demised Premises, (iii) the Landlord is unable to give possession of the demised premises on the date Demised Premises by reason of the commencement of the term hereof, because of the holding-holding over or retention of possession of any tenant, undertenant tenants or occupants 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 (iv) for any other reason, Owner 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 be extended until the date the Demised Premises are available for occupancy by Tenant, and no such failure to give possession on the Commencement Date shall affect the validity of this Lease or the lease obligation of the Tenant hereunder; provided, however, that the Expiration Date of the Lease Term shall not be impaired under such circumstances, nor shall extended for the same be construed in any wise to extend number of days. If 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 Demised 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 occupancy prior to the date specified as Commencement Date and Tenant occupies the commencement of the term of this leaseDemised Premises prior to said date, Tenant covenants and agrees that such shall pay rent for the period of occupancy prior to the Commencement Date at the proportionate rental to be Rent reserved herein. The Demised Premises shall not 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:unready for Tenant's occupancy or incomplete if only
Appears in 1 contract
Samples: Office Lease (Vasco Data Security International Inc)
FAILURE TO GIVE POSSESSION. 24) If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereofNo Waiver:25) The failure of Owner to seek redress for violation of, because or to insist upon the strict performance of, any covenant or condition of this lease or of any of the holding-over Rules or retention Regulations set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of possession an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach 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 covenant 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 this lease shall not be impaired under deemed a waiver of such circumstancesbreach, nor shall the same be construed in any wise to extend the term and no provision of this lease, but the rent payable hereunder lease shall be abated (provided deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant is not responsible for Owner's inability to obtain possession) until after or receipt by 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 a lesser amount 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 monthly rent herein stipulated shall be deemed to be under all other than on account of the termsearliest stipulated rent, covenantsnor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, conditions and provisions Owner may accept such check or payment without prejudice to Owner’s right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner’s agents during the term hereby demised shall be deemed an acceptance of a surrender of the demised premises and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner’s agent shall have any power to accept the keys of said premises prior to the termination of the lease, except and the delivery of keys to any such agent or employee shall not operate 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 termination of the New York Real Property Law. No Waiver:lease or a surrender of the demised premises.
Appears in 1 contract
Samples: Office Lease (Bankrate, Inc.)
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 if Owner has not completed any work required to be performed by Owner, 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 possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that Owner is able to deliver possession in the premises are substantially ready for Tenant's occupancycondition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant obligation to pay rentthe fixed annual rent set forth in page one of this lease. 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:.
Appears in 1 contract
Samples: Lease Agreement (Medsite Com Inc)
FAILURE TO GIVE POSSESSION. 24. 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 if Owner has not completed any work required to be performed by Owner, or for any other reason, Owner shall not be subject to any liability for failure to give possession possessions 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 ’s inability to obtain possessionpossession or complete any work required) until after Owner shall have given Tenant written notice that the premises are arc substantially ready for Tenant's ’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:.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner is Landlord shall be unable to give possession of the demised premises Premises on the date Projected Commencement Date by reason of the commencement of following: (i) 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 Building has not been sufficiently completed to make the premises Premises ready for occupancy occupancy, (ii) the Landlord Work is not Substantially Complete, or because of the fact that a certificate of occupancy has not been procured or (iii) for any other reason, Owner then Landlord shall not be subject to any liability for the failure to give possession on said date 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 lease shall not obligations of the Tenant hereunder. At the option of Landlord to be impaired under such circumstancesexercised within thirty (30) days of the delayed delivery of-possession to Tenant, nor shall the same be construed in any wise to extend the term of this lease, but the rent payable hereunder Lease shall be abated (provided Tenant is not responsible for Owner's inability to obtain possession) until after Owner shall have given Tenant written notice amended so that the premises are substantially ready for Tenant's occupancyTerm shall be extended by the period of time possession is delayed. 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 The said Premises shall be deemed to be under all ready for Tenant’s occupancy in the termsevent Landlord’s Work is Substantially Complete, covenants, conditions and provisions or if the delay in the availability of this lease, except 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 covenant to pay rent. The provisions Landlord Work is Substantially Complete, the decision of this article are intended to constitute "an express provision to Landlord’s architect shall be final and binding on the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:parties.
Appears in 1 contract
Samples: Office Lease (Kinemed Inc)
FAILURE TO GIVE POSSESSION. If Owner Landlord 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 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 Landlord 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 the inability to obtain possession) until after Owner Landlord 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:." Landlord represents that as of the date of this Lease, the entire demised premises is vacant and not affected by any tenancies or other occupancy agreements.
Appears in 1 contract
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 possessionpossession or complete construction) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancyOwner is able to deliver possession in condition required by this lease. 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 possession and/or occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, lease except as to the covenant obligation to pay rentthe fixed annual rent set forth in the preamble to this lease. 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:: 25. The failure of Owner to seek redress for violation of, or to insist upon the strict performance of any covenant or condition of this lease or of any of the Rules or Regulations, set forth or hereafter adopted by Owner, shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation. The receipt by Owner of rent and/or additional rent with knowledge of the breach of any covenant of this lease shall not be deemed a waiver of such breach and no provision of this lease shall be deemed to have been waived by Owner unless such waiver be in writing signed by Owner. No payment by Tenant or receipt by Owner of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement of any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Owner may accept such check or payment without prejudice to Owner's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Owner or Owner's agents during the term hereby demised shall be deemed an acceptance of a surrender of said premises, and no agreement to accept such surrender shall be valid unless in writing signed by Owner. No employee of Owner or Owner's agent shall have any power to accept the keys of said premises prior to the termination of the lease and the delivery of keys to any such agent or employee shall not operate as a termination of the lease or a surrender of the premises.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. If Owner is the Landlord shall be unable to give possession of the demised premises Premises on the date Projected Commencement Date by reason of the commencement of following: (a) 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 Building has not been sufficiently completed to make the premises Premises ready for occupancy occupancy, (b) the Initial Improvements are not Substantially Complete, or because of the fact that a certificate of occupancy has not been procured or (c) for any other reason, Owner then Landlord shall not be subject to any liability for the failure to give possession on said date 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 lease obligations of the 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 not be impaired under such circumstances, nor shall the same be construed in any wise to extend amended so that the term of this lease, but the rent payable hereunder shall be abated (provided Tenant extended by the period of time possession 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 occupancydelayed. 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 The said Premises shall be deemed to be under all ready for Tenant's occupancy in the termsevent the Initial Improvements are Substantially Complete, covenants, conditions and provisions or if the delay in the availability of this lease, except 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 covenant to pay rent. The provisions Initial Improvements are Substantially Complete, the mutual agreement of this article are intended to constitute "an express provision to Landlord's and Tenant's architect shall be final and binding on the contrary" within the meaning of Section 223-a of the New York Real Property Law. No Waiver:parties.
Appears in 1 contract
Samples: Office Lease (Genesis Energy Lp)
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:
Appears in 1 contract
Samples: Office Lease (Communication Telesystems International)
