Common use of LANDLORD UNABLE TO GIVE POSSESSION Clause in Contracts

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Date, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT to TENANT on the Commencement Date, then, at LANDLORD’S sole election to the extent permitted by law, either: (i) RENT will be abated on a daily basis during the delay, in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TENANT must pay RENT or additional charges for any part of a month that TENANT has possession; or (ii) LANDLORD will, at LANDLORD’S sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (A) the “UNIT” under this LEASE will be deemed to be the Temporary Accommodation, (B) TENANT will continue to pay all RENT and all other payments required to paid by TENANT under this LEASE, and (C) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S cost, move TENANT’S personal property within the Temporary Accommodation to the UNIT. c) TENANT may terminate the LEASE if possession of the UNIT is not given to TENANT within 60 days of the Commencement Date. TENANT must give notice of such termination to LANDLORD in writing before the sixth day after the 60-day period has expired. This LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this LEASE pursuant to this Paragraph 16(c). TENANT’S right to terminate this LEASE shall thereafter be null and void and all duties and obligations of TENANT under this LEASE will remain in full force and effect.

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Datelease commencement date, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT to TENANT on the Commencement Datedate when the LEASE is to commence, then, at LANDLORD’S ’s sole election to the extent permitted by lawelection, either: (i) i. RENT will be abated on a daily basis during the delay, in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TENANT must pay RENT or additional charges for any part of a month that TENANT has possession; or (ii) . LANDLORD will, at LANDLORD’S ’s sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (Aa) the “UNIT” under this LEASE will be deemed to be the Temporary Accommodation, (Bb) TENANT will continue to pay all RENT and all other payments required to be paid by TENANT under this LEASE, and (Cc) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S ’s cost, move TENANT’S ’s personal property within the Temporary Accommodation to the UNIT. c) TENANT may terminate the LEASE if possession of the UNIT is not given to TENANT within 60 days of the Commencement DateLEASE commencement date. TENANT must give notice of such termination to LANDLORD in writing before the sixth 6th day after the 60-day period has expired. This The LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this the LEASE pursuant to this Paragraph 16(c). paragraph, and TENANT’S ’s right to terminate this the LEASE shall thereafter be null and void and all duties and obligations of TENANT under this the LEASE will remain in full force and effect.

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, or otherwise be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Datecommencement date of the TERM, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT PREMISES to TENANT on the Commencement Datedate when the TERM is to commence, then, at LANDLORD’S sole election to the extent permitted by law, either: (i) then RENT will shall be abated on a daily basis during the delay, delay (with such daily abatement amount to be calculated by dividing the RENT due for the entire TERM by the number of days in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TERM). TENANT must pay RENT or additional charges for any part of a month and other charge from and after the date that TENANT has possession; or (ii) LANDLORD will, at LANDLORD’S sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT possession is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (A) the “UNIT” under this LEASE will be deemed tendered to be the Temporary Accommodation, (B) TENANT will continue to pay all RENT and all other payments required to paid by TENANT under this LEASE, and (C) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S cost, move TENANT’S personal property within the Temporary Accommodation to the UNIT., c) Notwithstanding the foregoing, TENANT may terminate the this LEASE if possession of the UNIT Premises is not given tendered to TENANT within 60 sixty (60) days after the start of the Commencement DateTERM (unless an earlier date is mandated by applicable law, in which case such earlier date shall apply). TENANT must give notice of such termination to LANDLORD in writing at least five (5) days before the sixth date TENANT wishes to terminate this LEASE, and such notice of termination shall be null and void if possession of the PREMISES is tendered to TENANT within such five (5) day after the 60-day period has expiredperiod. This Except as otherwise provided by applicable law, this LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this LEASE pursuant to this Paragraph 16(c). TENANT’S right to terminate this LEASE shall thereafter be null and void paragraph, and all duties and obligations of TENANT under this LEASE will remain in full force and effect. TENANT’s right to terminate this LEASE pursuant to this paragraph shall be null and void and of no further force or effect if LANDLORD notifies TENANT that the PREMISES are ready for possession prior to TENANT’s written notice of termination being received by LANDLORD.

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Datelease commencement date, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT to TENANT on the Commencement Datedate when the LEASE is to commence, then, at LANDLORD’S ’s sole election to the extent permitted by lawelection, either: (i) i. RENT will be abated on a daily basis during the delay, in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TENANT must pay RENT or additional charges for any part of a month that TENANT has possession; or (ii) . LANDLORD will, at LANDLORD’S ’s sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (Aa) the “UNIT” under this LEASE will be deemed to be the Temporary Accommodation, (Bb) TENANT will continue to pay all RENT and all other payments required to be paid by TENANT under this LEASE, and (Cc) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S ’s cost, move TENANT’S ’s personal property within the Temporary Accommodation to the UNIT. c) TENANT may terminate the LEASE if possession of the UNIT is not given to TENANT within 60 days of the Commencement DateLEASE commencement date. TENANT must give notice of such termination to LANDLORD in writing before the sixth 6th day after the 60-60- day period has expired. This The LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this the LEASE pursuant to this Paragraph 16(c). paragraph, and TENANT’S ’s right to terminate this LEASE the lease shall thereafter be null and void and all duties and obligations of TENANT under this the LEASE will remain in full force and effect.

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Datelease commencement date, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT to TENANT on the Commencement Datedate when the LEASE is to commence, then, at LANDLORD’S ’s sole election to the extent permitted by lawelection, either: (i) i. RENT will be abated on a daily basis during the delay, in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TENANT must pay RENT or additional charges for any part of a month that TENANT has possession; or (ii) . LANDLORD will, at LANDLORD’S ’s sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (Aa) the “UNIT” under this LEASE will be deemed to be the Temporary Accommodation, (Bb) TENANT will continue to pay all RENT and all other payments required to paid by TENANT under this LEASE, and (Cc) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S ’s cost, move TENANT’S ’s personal property within the Temporary Accommodation to the UNIT. c) TENANT may terminate the LEASE if possession of the UNIT is not given to TENANT within 60 days of the Commencement DateLEASE commencement date. TENANT must give notice of such termination to LANDLORD in writing before the sixth 6th day after the 60-day period has expired. This The LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this the LEASE pursuant to this Paragraph 16(c). paragraph, and TENANT’S ’s right to terminate this the LEASE shall thereafter be null and void and all duties and obligations of TENANT under this the LEASE will remain in full force and effect.

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Datelease commencement date, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT to TENANT on the Commencement Datedate when the LEASE is to commence, then, at LANDLORD’S ’s sole election to the extent permitted by lawelection, either: (i) : RENT will be abated on a daily basis during the delay, in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TENANT must pay RENT or additional charges for any part of a month that TENANT has possession; or (ii) or LANDLORD will, at LANDLORD’S ’s sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (Aa) the “UNIT” under this LEASE will be deemed to be the Temporary Accommodation, (Bb) TENANT will continue to pay all RENT and all other payments required to be paid by TENANT under this LEASE, and (Cc) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S ’s cost, move TENANT’S ’s personal property within the Temporary Accommodation to the UNIT. c) TENANT may terminate the LEASE if possession of the UNIT is not given to TENANT within 60 days of the Commencement DateLEASE commencement date. TENANT must give notice of such termination to LANDLORD in writing before the sixth 6th day after the 60-day period has expired. This The LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this the LEASE pursuant to this Paragraph 16(c). paragraph, and TENANT’S ’s right to terminate this the LEASE shall thereafter be null and void and all duties and obligations of TENANT under this the LEASE will remain in full force and effect.

LANDLORD UNABLE TO GIVE POSSESSION. a) To the extent permitted by law, LANDLORD shall not be responsible or liable to pay for any damages, or, be held liable, to TENANT if LANDLORD cannot give possession of the UNIT to TENANT on the Commencement Datelease commencement date, for any reason whatsoever. b) If LANDLORD is unable to give possession of the UNIT to TENANT on the Commencement Datedate when the LEASE is to commence, then, at LANDLORD’S ’s sole election to the extent permitted by lawelection, either: (i) i. RENT will be abated on a daily basis during the delay, in which event LANDLORD shall not be liable for any such delay in delivering possession of the UNIT to TENANT and TENANT must pay RENT or additional charges for any part of a month that TENANT has possession; or (ii) . LANDLORD will, at LANDLORD’S ’s sole cost and expense, provide TENANT with a temporary alternate bedroom accommodation (the “Temporary Accommodation”) in another facility (such as a hotel or motel) until such time as the UNIT is ready for occupancy. In the event LANDLORD provides TENANT with a Temporary Accommodation, then, at all times while LANDLORD is providing the Temporary Accommodation, (Aa) the “UNIT” under this LEASE will be deemed to be the Temporary Accommodation, (Bb) TENANT will continue to pay all RENT and all other payments required to be paid by TENANT under this LEASE, and (Cc) all other applicable provisions of this LEASE will continue to apply. At such time as the UNIT is completed and ready for occupancy, LANDLORD will, at LANDLORD’S ’s cost, move TENANT’S ’s personal property within the Temporary Accommodation to the UNIT. c) TENANT may terminate the LEASE if possession of the UNIT is not given to TENANT within 60 days of the Commencement DateLEASE commencement date. TENANT must give notice of such termination to LANDLORD in writing before the sixth 6th day after the 60-60- day period has expired. This The LEASE will continue if TENANT does not give LANDLORD written notice that TENANT is terminating this the LEASE pursuant to this Paragraph 16(c). paragraph, and TENANT’S ’s right to terminate this the LEASE shall thereafter be null and void and all duties and obligations of TENANT under this the LEASE will remain in full force and effect.