Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute of similar import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises by such date for any reason whatsoever. If Landlord shall be unable to give possession of the Premises on or prior to such date no such failure to give possession on such date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease. If permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease excluding the covenant to pay Rent.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute of similar import then in force and further waives the right to recover any damages which may result from Landlord's ’s failure to deliver possession of the Premises by such on the date set forth herein for any reason whatsoeverthe commencement of the Term. If Landlord shall be unable to give possession of the 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 possession of the Premises is given or prior Confidential Treatment Requested by Compass, Inc. Pursuant to such date 17 C.F.R. Section 200.83 the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall in any way anyway affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in any way to extend the Term, except as specifically provided in Subsection 1B(ii) hereof. If permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease excluding Lease, including the covenant to pay Rent.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law law or any successor statute of similar import nature and purpose then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises by such on the date set forth in Section 1.1 hereof for any reason whatsoeverthe commencement of the Term. If Landlord shall be unable to give possession of the Premises on or prior the date set forth in Section 1.1 hereof for the commencement of the Term, and provided that Tenant is not responsible for such inability to such give possession, the Commencement Date shall be deemed to be the date no upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of the Premises to Tenant. No such failure to give possession on such the date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease. If permission is given , nor shall the same be construed in any way to Tenant to enter into extend the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of Term except as provided in this Lease excluding the covenant to pay RentArticle 22.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute Requirement of similar import nature and purpose then in force and further waives the right to recover any damages which that may result from Landlord's ’s failure for any reason to deliver possession of the Premises by such on the date set forth in Section 1.1 for any reason whatsoeverthe commencement of the Term. The provisions of this Article are intended to constitute an “express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law. If Landlord shall be is unable to give possession of the Premises on or prior the date set forth in Section 1.1 for the commencement of the Term, and provided that Tenant is not responsible for such inability to such give possession, the Commencement Date shall be deemed to be the date no upon which Landlord shall deliver possession of the Premises to Tenant. No such failure to give possession on such the date set forth in Section 1.1 for the commencement of the Term shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease. If permission is given , nor shall the same be construed in any way to Tenant to enter into extend the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease excluding the covenant to pay RentTerm.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable If despite its diligent efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute of similar import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises by such date for any reason whatsoever. If Landlord shall be unable to give possession of the Premises on the Projected Delivery Date by reason of the following: (i) the portion of Landlord Work necessary to enable Tenant to commence full-time performance of Tenant's Work is not Substantially Complete, (ii) the holding over or prior retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such date no circumstances the rent reserved and covenanted to be paid herein shall not commence until the Commencement Date as specified in Section 2.2(a). No such failure to give possession on such date the Projected Delivery Date shall in any way affect the validity of this Lease or the obligations of the Tenant hereunder or give rise hereunder; provided, however, this Lease shall be amended so that the Term shall be extended by the period of time possession is delayed. In the event of any dispute as to any claim for damages by Tenant or claim for rescission whether the Landlord Work is Substantially Complete, the decision of this LeaseLandlord's architect shall be final and binding on the parties. If permission is given In the event that Landlord fails to Tenant to enter into the deliver possession of the Premises or to occupy premises other than the Premises prior to the Commencement DateTenant by December 31, 2000, Tenant covenants shall have the right, which must be exercised no later than January 15, 2001, to terminate this Lease and agrees that upon receipt of such occupancy notice, this Lease shall be deemed to be under all the terms, covenants, conditions terminated and provisions of this Lease excluding the covenant to pay Rentno further force and effect.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease --------------------------- under Section 223-a of the New York Real Property Law or any successor statute of similar import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises by such on the date set forth in Article 1 hereof for any reason whatsoeverthe commencement of the Term. If Landlord shall be unable to give possession of the 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 possession of the Premises is given or prior to such date the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall in any way anywise affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall same be construed in anywise to extend the Term. If permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease excluding Lease, including the covenant to pay Rent.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property Law or any successor statute of similar import nature and purpose then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises by such on the date for any reason whatsoeverset forth in Section 1.1 hereof as the Commencement Date. If Landlord shall be unable to give possession of the Premises on or prior the Commencement Date, and provided that Tenant is not responsible for such inability to such give possession, the Commencement Date shall be deemed to be the date no upon which Landlord shall have delivered possession of the Premises to Tenant. No such failure to give possession on such date the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way to extend the Term. If permission is given Notwithstanding anything to Tenant the contrary contained herein, in the event Landlord fails to enter into the deliver possession of the Premises to Tenant by September 1, 1998, then Tenant may cancel this Lease by delivering written notice of such cancellation to Landlord on or to occupy premises other than before September 15, 1998 (time being of the Premises prior essence with respect to the Commencement Date, Tenant covenants and agrees that delivery of such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease excluding the covenant to pay Rentcancellation notice).