Common use of Inability to Deliver Possession Clause in Contracts

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 5 contracts

Samples: Sublease Agreement (Amarantus BioSciences, Inc.), Sublease Agreement (Amarantus BioSciences, Inc.), Sublease Agreement (Jumpkicks, Inc.)

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Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's ’s consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) 30 days from the commencement date, Sublessee, at Sublessee's ’s option, may terminate this Sublease.

Appears in 2 contracts

Samples: Sublease Agreement (Zamba Corp), Sublease (Zamba Corp)

Inability to Deliver Possession. In the event Sublessor Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor Sublandlord shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee Subtenant shall not be liable for Rent until such time as Sublessor delivers Sublandlord offers to deliver possession of the Subleased Premises to SublesseeSubtenant, but the term hereof shall not be extended by such delay. If SublesseeSubtenant, with SublessorSublandlord's consent, takes possession prior to commencement of the term, Sublessee Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor Sublandlord has been unable to deliver possession of the Subleased Premises within thirty (30) 30 days from the commencement date, SublesseeSubtenant, at SublesseeSubtenant's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Phase Metrics Inc)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the termterm due to delay attributable to the Master Lessor, including without limitation delays in providing its consent to the Sublease, Sublessor shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's ’s consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof (the Tenant may have early access to the space immediately after the following conditions are met: duly signed Sublease, first month’s rent and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per daysecurity deposit checks submitted to Sublessor, and written consent from Landlord). In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) 30 days from the commencement datedate (or 45 days in the event of a delay attributable from actions by, or obtaining consent from, the Master Lessor), Sublessee, at Sublessee's ’s option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Puredepth, Inc.)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at by the commencement of the termSublease Commencement Date, Sublessor shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the termSublease Term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term Sublease Term at the same rental as that prescribed for the first month of the term Sublease Term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty ninety (3090) days from after the commencement dateSublease Commencement Date, Sublessee, at Sublessee's option, may terminate this SubleaseSublease by written notice to Sublessor.

Appears in 1 contract

Samples: Sublease Agreement (Cobalt Networks Inc)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's ’s consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's ’s option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Intelepeer Inc)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) 30 days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Power Integrations Inc)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Sublease Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Cidco Inc)

Inability to Deliver Possession. In the event Sublessor Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the termon November 1, Sublessor 1999, Sublandlord shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee Subtenant shall not be liable for Rent until such time as Sublessor delivers Sublandlord offers to deliver possession of the Subleased Premises to SublesseeSubtenant, but the term hereof shall not be extended by such delay, provided, however, that if Sublandlord cannot deliver possession within thirty (30) days following November 1, 1999, then Subtenant may, at its option, terminate this Sublease by giving written notice to Sublandlord. If SublesseeSubtenant, with SublessorSublandlord's consent, takes possession prior to commencement of the term, Sublessee Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Transmeta Corp)

Inability to Deliver Possession. In the event If Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the . The term hereof of this Sublease shall not be extended by such delay. If Sublessor does not tender delivery of possession of the Subleased Premises to Sublessor on or before January 31, 1999, Sublessee, at Sublessee's option, may temperate this Sublease by delivering a written notice of termination to Sublessor. If Sublessee, with Sublessor's consent, takes possession of the Subleased Premises prior to commencement of the termDecember 17, 1998, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period commencing on the date of Sublessee's entry into the Subleased Premises and ending with commencement of the term on December 16, 1998 at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Planetrx Com)

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Inability to Deliver Possession. In the event Sublessor Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the termon December 1, Sublessor 1998, Sublandlord shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable except as provided for in this paragraph 5.3 but Sublessee Subtenant shall not be liable for Rent until such time as Sublessor delivers Sublandlord offers to deliver possession of the Subleased Premises to SublesseeSubtenant, but the term hereof shall not be extended by such delay. If SublesseeSubtenant, with SublessorSublandlord's consent, takes possession prior to commencement of the term, Sublessee Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor Sublandlord has been unable to deliver possession of the Subleased Premises within thirty or secure Landlord's consent to this Sublease by Ninety (3090) days from the commencement date, SublesseeSubtenant, at Sublessee's option, may terminate this Sublease.Subtenant's

Appears in 1 contract

Samples: Sublease (Transmeta Corp)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per dayhereof, except Base Rent. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Consent to Sublease (Virage Logic Corp)

Inability to Deliver Possession. In the event Sublessor Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the termon May 1, Sublessor 1999, Sublandlord shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee Subtenant shall not be liable for Rent until such time as Sublessor delivers Sublandlord offers to deliver possession of the Subleased Premises to SublesseeSubtenant, but the term hereof shall not be extended by such delay, provided, however, that if Sublandlord cannot deliver possession within thirty (30) days following May 1, 1999, then Subtenant may, at its option, terminate this Sublease by giving written notice to Sublandlord. If SublesseeSubtenant, with SublessorSublandlord's consent, takes possession prior to commencement of the term, Sublessee Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Transmeta Corp)

Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes take possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Sublease Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Medibuy Com Inc)

Inability to Deliver Possession. In the event Sublessor Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the termSublease Term, Sublessor Sublandlord shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee Subtenant shall not be liable for Rent until such time as Sublessor delivers Sublandlord offers to deliver possession of the Subleased Premises to SublesseeSubtenant, but the term hereof Sublease Term shall not be extended by such delay. If SublesseeSubtenant, with SublessorSublandlord's consent, takes possession prior to commencement of the termSublease Term, Sublessee Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term Term at the same rental as that prescribed for the first month of the term Term prorated at the rate of 1/30th thereof per day. In the event Sublessor Sublandlord has been unable to deliver possession of the Subleased Premises within thirty (30) 30 days from the commencement date, SublesseeSubtenant, at SublesseeSubtenant's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (General Magic Inc)

Inability to Deliver Possession. In the event Sublessor Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the termon July 1, Sublessor 1996, Sub landlord shall not be liable for any damage caused thereby thereby, nor shall this Sublease be void or voidable, voidable but Sublessee Subtenant shall not be liable for Rent until such time as Sublessor delivers Sublandlord offers to deliver possession of the Subleased Premises to SublesseeSubtenant, but the term hereof shall not be extended by such delay. If SublesseeSubtenant, with SublessorSub landlord's consent, takes possession prior to commencement of the term, Sublessee Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor Sublandlord has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement dateby August 1, Sublessee1996, Subtenant, at SublesseeSubtenant's option, may terminate this Sublease.

Appears in 1 contract

Samples: Sublease (Neomagic Corp)

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