Inability to Deliver Premises Clause Samples
The 'Inability to Deliver Premises' clause defines the parties' rights and obligations if the landlord cannot provide the tenant with access to the leased property by the agreed-upon start date. Typically, this clause outlines procedures such as delaying the commencement of rent payments until the premises are available or allowing the tenant to terminate the lease if the delay exceeds a specified period. Its core function is to address the risk of unforeseen delays in possession, ensuring both parties understand their options and remedies if the premises are not ready as scheduled.
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Inability to Deliver Premises. (a) Notwithstanding anything to the contrary contained in this Lease, if Landlord is unable to deliver possession of any portion of the Premises to Tenant in the condition required herein by any particular date, this Lease shall not be void or voidable, nor shall Landlord be liable for any damages or penalties in connection therewith, except as hereinafter expressly set forth in this Lease.
(b) Notwithstanding the foregoing and provided such delay is not caused by any Tenant Delay, if the Possession Date does not occur on or prior to July 1, 2019, then (i) the Abatement Period shall be extended (without a corresponding extension or delay of the Expiration Date) by (A) one (1) day for each day of delay beyond July 1, 2019 for the first forty-five (45) days of such delay, and (B) two (2) days for each day of delay beyond the first forty-five (45) days of such delay, and (ii) if such delay extends beyond ninety (90) days after July 1, 2019, then Tenant shall have the right to complete any or all of Landlord's Delivery Work and to offset the reasonable, out-of-pocket third party costs actually incurred and documented by Tenant in connection therewith against Fixed Rent next becoming due and payable hereunder. If the Possession Date does not occur on or prior to July 1, 2019 as a result of any Tenant Delay (or if any of Landlord's Post Delivery Work is delayed by any Tenant Delay), then the Possession Date (or the substantial completion of Landlord's Post Delivery Work, as applicable) shall be deemed to be the date on which the Possession Date (or such substantial completion of Landlord's Post Delivery Work, as applicable) would have occurred absent such Tenant Delay.
Inability to Deliver Premises. Notwithstanding Section 6.(a) above, if Landlord is unable to deliver possession of the Premises to Tenant within ninety (90) days after the Lease Commencement Date, by reason of anything other than fault on the part of Tenant or any of Tenant's Agents, as hereafter defined, either Landlord or Tenant will have the right to terminate this Lease upon written notice delivered to the other party within ten (10) days after the lapse of said 90-day period. Upon such termination, Landlord and Tenant will each be released from all further liability under this Lease. The failure to complete minor or insubstantial details of construction, decoration or mechanical adjustments shall not be considered a delay in delivery of the Premises.
Inability to Deliver Premises. If this Lease is executed and the Landlord cannot deliver possession of the Leased Premises before the commencement date (as defined in Article 1), it shall not be deemed to be in