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 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: Agreement (Edison Schools Inc), Agreement (Edison Schools Inc), Wall Street Strategies Corp
FAILURE TO GIVE POSSESSION. 24. If Owner Xxxxxxxx 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 Xxxxxx 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 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 3 contracts
Samples: Lease Agreement, Lease Agreement, 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 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 (Sandata Technologies Inc), Lease Agreement (National Medical Health Card Systems Inc), Lease Agreement (National Medical Health Card Systems 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 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: Firetector Inc, Firetector 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 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: Agreement of Lease (Blue Fish Clothing Inc), Agreement of Lease (Blue Fish Clothing Inc)
FAILURE TO GIVE POSSESSION. 2423. 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: Agreement (Craig Corp), 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, 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: Sublease (Media Metrix Inc), Media Metrix Inc
FAILURE TO GIVE POSSESSION. 24. If 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: Agreement of Sublease (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, 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. 24Tenant 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: Agreement of Lease (Panacea Acquisition Corp), Agreement of Lease (Panacea Acquisition Corp)
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 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: Second Lease Consolidation and Extension Agreement (American Portfolios Holdings Inc), Second Lease Consolidation and Extension Agreement (American Portfolios Holdings Inc)
FAILURE TO GIVE POSSESSION. 24. 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 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 2 contracts
Samples: Agreement of Lease, Agreement of Lease
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 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: Integral Ad Science Holding LLC, Integral Ad Science Holding LLC
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 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.), Sub Lease (Loxo Oncology, 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 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, 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, 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: Global Sources LTD, Organic 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: Standard Office Lease (Liquid Holdings Group LLC), Standard Office Lease (Liquid Holdings Group LLC)
FAILURE TO GIVE POSSESSION. 24. 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. 24. 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: www.sec.gov, Office Lease (Neutral Tandem 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. 24. 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: Workletter Agreement (Lucira Health, Inc.), Workletter Agreement (Lucira Health, Inc.)
FAILURE TO GIVE POSSESSION. 24. 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: Agreement of Lease, Agreement of Lease
FAILURE TO GIVE POSSESSION. 24Tenant 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: Execution Original (Intralinks Inc), Execution Original (Intralinks 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: Loft Lease (Zentalis Pharmaceuticals, Inc.), Loft Lease (Zentalis Pharmaceuticals, LLC)
FAILURE TO GIVE POSSESSION. 24. (a) 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 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 and Substantially Complete in the termsevent Landlord's Work is Substantially Complete in fact, covenantsor if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or default on the part of Tenant and/or its subtenant or subtenants. In the event of any dispute as to whether the Landlord Work is Substantially Complete, conditions the decision of Landlord's architect shall be final and provisions of this leasebinding on the parties, 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 otherwise provided in Section 223-a of the New York Real Property Law. No Waiver:2.08.
Appears in 2 contracts
Samples: NNN Lease (United Natural Foods Inc), NNN Lease (United Natural Foods Inc)
FAILURE TO GIVE POSSESSION. 24Tenant 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: Lease Agreement (Talkpoint Communications Inc), Nextvenue 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 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: Agreement of Lease (Teavana Holdings Inc), Agreement of Lease (Teavana Holdings Inc)
FAILURE TO GIVE POSSESSION. 24Tenant 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
Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)
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-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 in 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 223233-a of the New York Real Property Law. No Waiver:.
Appears in 1 contract
Samples: Agreement of Lease (Logimetrics 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 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: Nara Bancorp Inc
FAILURE TO GIVE POSSESSION. 24. 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
Samples: Agreement of Lease (Premier Publishing Group, 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 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 ’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.
Appears in 1 contract
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 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. 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 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
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 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
Appears in 1 contract
Samples: Jupiter Communications 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 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. 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 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 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
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 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: Nara Bancorp 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 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. 2423. 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: Alloy 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, 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. 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 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. 24. 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 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 1 contract
Samples: Agreement of Lease
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 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:
Appears in 1 contract
Samples: Fania Entertainment Group LTD
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 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: Paradise Music & 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, 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 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.
Appears in 1 contract
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 ’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: www.sec.gov
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 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 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 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 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 sun render of the premises.
Appears in 1 contract
Samples: Candies 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 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. 24. 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. 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 Lawlow. 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 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 and Tenant will not seek to consolidate any such proceeding or action for possession with any other action.
Appears in 1 contract
Samples: Office Lease
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: Office Lease
FAILURE TO GIVE POSSESSION. 2423. 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
Samples: Disturbance and Attornment Agreement (Barnesandnoble Com Inc)
FAILURE TO GIVE POSSESSION. 24Tenant 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 Except as otherwise provided in this Lease, if 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 1 contract
Samples: Agreement of Lease (Yodle 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-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
Samples: Broadview Networks Holdings Inc
FAILURE TO GIVE POSSESSION. 2423. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, because of the holdingbuilding-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 1 contract
Samples: Western Beef Inc /De/
FAILURE TO GIVE POSSESSION. 24. If Owner Landlord is unable to give possession of the demised premises Demised Premises on the date Commencement Date 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 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 or if repairs, improvements or decorations of the Demised Premises are not completed, then the rent reserved and covenanted to be paid herein shall not commence until the possession of Demised Premises is given or the Demised Premises are available for occupancy by Tenant, and no such failure to give possession on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder, nor shall same be construed in any way to extend the term of this Lease. Landlord shall not be subject to any liability for the 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 occupancyCommencement Date. 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 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 and the covenant to pay rent. The provisions rental amount for such period of this article are intended to constitute "an express provision to the contrary" within the meaning of Section 223-early occupancy shall be a proportionate amount of the New York Real Property Law. No Waiver:Annual Rental.
Appears in 1 contract
Samples: Deed of Lease (MCG Capital Corp)
FAILURE TO GIVE POSSESSION. 24. 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
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 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 LawYork. 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 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
FAILURE TO GIVE POSSESSION. 24. 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: Agreement of Lease
FAILURE TO GIVE POSSESSION. 24. 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 hereofBuilding has not been sufficiently completed to make the Premises ready for occupancy, because of (ii) the holding-Landlord Work, if any, is 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. Under such circumstances, the Commencement Date shall be the date the Premises are made available to Tenant by Landlord with the Landlord Work Substantially Complete, 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 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 obligations 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 hereunder. The said Premises shall be deemed to be under all ready for Tenant’s occupancy in the termsevent Landlord’s Work, covenantsif any, conditions and provisions is Substantially Complete, 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
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 ’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 in 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. 24. If Owner 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 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 possession) possession or complete any work required)* until after Owner shall have given Tenant written notice that Tenant** 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
FAILURE TO GIVE POSSESSION. 24. 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-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 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 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 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 Demised 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 covenants and provisions of this leaseLease, except as to the covenant to pay rentRent. 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:: 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 a termination of the Lease or a surrender of the premises.
Appears in 1 contract
Samples: Agreement of Lease (American Claims Evaluation 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 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
Samples: Software Technologies Corp/
FAILURE TO GIVE POSSESSION. 24. 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: Virage Inc
FAILURE TO GIVE POSSESSION. 24Tenant 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 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 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. 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 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: Compuflight Inc
FAILURE TO GIVE POSSESSION. 2423. 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 under-tenant 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:Waiver 24. The failure of Landlord 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 Landlord, 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 Landlord 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 Landlord unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord 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 Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Landlord or Landlord'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 Landlord. No employee of Landlord or Landlord'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: Lease (Maxwell Shoe Co 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 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
Samples: National Home Health Care Corp
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 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
Appears in 1 contract
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 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: Agreement of Lease (Razorfish Inc)
FAILURE TO GIVE POSSESSION. 24. 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
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 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 occupancy 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 occupy 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. 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 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: Critical Home Care Inc
FAILURE TO GIVE POSSESSION. 2423. 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 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 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:: 24. The failure of Landlord 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 Landlord, 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 Landlord 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 Landlord unless such waiver be in writing signed by Landlord. No payment by Tenant or receipt by Landlord 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 Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this lease provided. No act or thing done by Landlord or Landlord'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 Landlord. No employee of Landlord or Landlord'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: Icc Technologies Inc
FAILURE TO GIVE POSSESSION. 24Tenant 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.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. 24Except as provided in subsection 1.3 hereof, 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 such date, and provided Tenant is not responsible for such inability to give possession, the Rent reserved and covenanted to be paid herein shall not commence until the date of the commencement of the term specified in subsection 1.3 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 and 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 wise affect the validity of this Lease or the lease shall not be impaired under such circumstancesobligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any wise to extend the term of this lease, but the rent payable hereunder shall be abated (Term except as otherwise 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 occupancyin subsection l.3 hereof. 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 leaseTenants 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 1 contract
Samples: Salon Internet Inc
FAILURE TO GIVE POSSESSION. 24Except 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
Samples: Bridgeline Software, Inc.
FAILURE TO GIVE POSSESSION. 2422. 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.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. 24. 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
Samples: Agreement of Lease (Electro Optical Sciences Inc /Ny)
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 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 provides of this lease, except as to the tot he 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: Politics Com Inc
FAILURE TO GIVE POSSESSION. 24. 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-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 Demised Premises has not been sufficiently completed to make the premises same 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 to 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 OwnerLandlord'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 occupancyoccupancy and has delivered the same to Tenant ready for Tenant's improvements, if any. If permission is given to Tenant to enter into the possession of the demised premises Demised Premises or to occupy a premises other than the demised premises Demised 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 23 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:.
Appears in 1 contract
Samples: Office Lease (On Site Sourcing Inc)
FAILURE TO GIVE POSSESSION. 24. If Owner Subject to Section 3(a) Landlord is unable to give possession of the demised premises Premises on the date of the commencement of the term hereofPossession 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 for Tenant's occupancyLandlord 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 leasePossession 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
FAILURE TO GIVE POSSESSION. 243.01 (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 hereinafter called "Occupied Space") are currently under Lease and/or occupied by tenants. If Owner is unable 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 (Ivillage 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-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.
Appears in 1 contract
Samples: Broadview Networks Holdings Inc
FAILURE TO GIVE POSSESSION. 24Tenant 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. 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 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:
Appears in 1 contract
Samples: Internet Financial Services 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 on said date and the validity of the lease shall not be impaired under such circumstancescircumstance, except as provided in Art. 53(B) and (C) of the Rider, 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 leasecase, Tenant covenants and agrees that such possession and/or occupancy shall be deemed to be under all the terms, 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: Impath Inc
FAILURE TO GIVE POSSESSION. 24. 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
Samples: Roosevelt (Wilshire Bancorp Inc)
FAILURE TO GIVE POSSESSION. 24. 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: Agreement of Lease
FAILURE TO GIVE POSSESSION. 24Tenant 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 as expressly provided herein.
Appears in 1 contract
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:..
Appears in 1 contract
Samples: Impart Media Group 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 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
Appears in 1 contract
Samples: Screaming Media 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 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.
Appears in 1 contract
FAILURE TO GIVE POSSESSION. 24. 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-Landlord Work is 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 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 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 whether either of the New York Real Property Law. No Waiver:Landlord Work or Tenant Work is Substantially Complete, the decision of Landlord's architect shall be final and binding on the parties.
Appears in 1 contract
Samples: Office Lease (Nichols Txen Corp)
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 undertenant, or occupants or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed complete to make the premises ready for 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 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 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 on 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 1 contract
Samples: Manchester Equipment Co Inc
FAILURE TO GIVE POSSESSION. 2422. 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:.
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Harris Interactive Inc)
FAILURE TO GIVE POSSESSION. 24. 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
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: Paligent Inc
