Landlord's Failure to Give Possession. In the event Landlord is unable to give possession of the Premises to Tenant on the start date of the Term, Landlord will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. Tenant will not be liable for rent until Landlord gives possession of the Premises to Tenant.
Landlord's Failure to Give Possession. Landlord shall not be liable for damages to Tenant for failure to deliver possession of the Premises to Tenant if such failure is due to no material fault of Landlord, to the failure of any construction or remodeling of the Premises by Tenant to be completed or to the failure of any previous tenant to vacate the Premises. Landlord will use reasonable efforts to give possession to the Tenant at the scheduled Commencement Date of the Term. If failure to do so is caused by the act of any previous tenant holding over, Landlord agrees to transfer to Tenant the right to prosecute in its own name any cause of action which Landlord may have against such tenant holding over, Tenant to hold for himself any recovery in such action, except for any amount due Landlord as Rent hereunder.
Landlord's Failure to Give Possession. Landlord shall not be liable for damages to Tenant for failure to deliver possession of the Premises to Tenant if such failure is due to no fault of Landlord, to the failure of any construction or remodeling of the Premises by Tenant to be completed or to the failure of any previous tenant to vacate the Premises. Landlord will use commercially reasonable efforts to give possession to Tenant by the scheduled Commencement Date of the Term. If Landlord’s failure to do so is caused by the act of any previous tenant holding over, Landlord agrees to use reasonable efforts to recover possession as soon as reasonably possible, including filing a customary dispossession action.
Landlord's Failure to Give Possession. In the event Landlord is unable to give possession of the Premises to Tenant on the start date of the Term, Landlord will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. Tenant will not be liable for rent until Landlord gives possession of the Premises to Tenant. Holdover Tenancy. Unless this Agreement has been extended by mutual written agreement of the Parties, there will be no holding over past the Term under the terms of this Agreement under any circumstances. If it becomes necessary to commence legal action to remove Tenant from the Premises, the prevailing Party will be entitled to attorney’s fees and costs in addition to damages. Use of Premises. The Premises will be occupied only by Tenant and Xxxxxx’s immediate family and used only for residential purposes. Tenant will not engage in any objectionable conduct, including behavior which will make the Premises less fit to live in, will cause dangerous, hazardous or unsanitary conditions or will interfere with the rights of others to enjoy their property. Tenant will be liable for any damage occurring to the Premises and any damage to or loss of the contents thereof which is done by Tenant or Tenant’s guests or invitees. Condition of the Premises. Xxxxxx has examined the Premises, including the appliances, fixtures and furnishings, and acknowledges that they are in good condition and repair, normal wear and tear excepted and accepts them in its current condition. Maintenance and Repairs. Tenant will maintain the Premises, including the grounds and all appliances, fixtures and furnishings, in clean, sanitary and good condition and repair. Tenant will not remove Xxxxxxxx’s appliances, fixtures, or furnishings from the Premises for any purpose. If repairs other than general maintenance are required, Tenant will notify Landlord for such repairs. In the event of default by Xxxxxx, Xxxxxx will reimburse Landlord for the cost of any repairs or replacement. Reasonable Accommodations. Xxxxxxxx agrees to comply with all applicable laws providing equal housing opportunities, including making reasonable accommodations for known physical or mental limitations of qualified individuals with a disability, unless undue hardship would result. Tenant is responsible for making Landlord aware of any such required accommodations that are reasonable and will not impose an undue hardship. If Tenant discloses a disability and requests an ...
Landlord's Failure to Give Possession. Except as expressly set forth in this Article 3, Landlord shall not be liable for damages to Tenant for failure to deliver possession of the Premises to Tenant by the Anticipated Commencement Date. The date on which Landlord delivers the Premises to Tenant with the Tenant Improvements Substantially Complete shall be referred to herein as the “Delivery Date”.
Landlord's Failure to Give Possession. Landlord shall not be liable for damages to Tenant for failure to deliver possession of Suite 450 to Tenant by the Target Commencement Date set forth in the Basic Lease Provisions. Subject to Tenant Delay, Landlord will use commercially reasonable efforts to deliver possession of the Premises to Tenant by the Target Commencement Date.
Landlord's Failure to Give Possession. Landlord shall not be liable for damages to Tenant for failure to deliver possession of the Premises to Tenant if such failure is caused by no fault of Landlord, by the failure of Tenant to complete any construction or remodeling of the Premises, by Tenant's delay in delivering or commenting on construction documents by Tenant's request to use non-Property standard materials or by the failure of any previous tenant to vacate the Premises.
Landlord's Failure to Give Possession. Notwithstanding the provisions of Section 2, hereof, Landlord shall not be liable for damages to Tenant for failure to deliver possession of the Premises to Tenant if such failure is due to no fault of Landlord, to the failure of any construction or remodeling of the Premises by Tenant to be completed or to the failure of any previous tenant to vacate the Premises. Subject to the foregoing, Tenant’s remedies for Landlord’s failure to deliver the Premises on or before the Commencement Date shall be limited to those remedies set forth in Section 2, hereof. Landlord will use commercially reasonable efforts to give possession to Tenant by the scheduled Commencement Date of the Term; provided, that Landlord shall be allowed to enter upon the Premises at any reasonable times following such scheduled Commencement Date as necessary to complete any punch list items, and so long as such entry is reasonable under the circumstances, such entry shall not constitute an actual or constructive eviction of Tenant, in whole or in part, nor shall it entitle Tenant to any abatement or diminution of rentals or relieve Tenant from any obligation under the Lease. If Landlord’s failure to do so is caused by the act of any previous tenant holding over, Landlord agrees to transfer to Tenant the right to prosecute in its own name any cause of action which Landlord may have against such tenant holding over, Tenant to hold for itself any recovery in such action, except for any amounts due Landlord as Rent hereunder.
Landlord's Failure to Give Possession. In the event Landlord is unable to give possession of the Premises to Tenant on the start date of the Term, Landlord will not be subject to any liability for such failure, the validity of this Agreement will not be affected, and the Term will not be extended. Tenant will not be liable for rent until Landlord gives possession of the Premises to Tenant. Notwithstanding anything to the contrary, if Landlord does not deliver possession of the Premises within 10 days of the Start Date, Tenant may cancel this Agreement upon notice to Landlord and Landlord shall, within 3 business days, return all monies paid by Tenant to Landlord.
Landlord's Failure to Give Possession. Landlord shall not be liable for damages to Tenant for failure to deliver possession of the Premises to Tenant by the Target Delivery Date set forth in Paragraph 3 of the Basic Lease Provisions if such failure is due to any previous tenant’s failure to vacate the Premises or for any other reason, except that the commencement of the Term shall be delayed until ninety (90) days after the actual Delivery Date (so long as Tenant is not responsible for such failure or delay). Landlord will use all commercially reasonable efforts to deliver possession of the Premises to Tenant, with the Landlord’s Work Substantially Completed, on or prior to the Target Delivery Date. Notwithstanding the foregoing to the contrary, if the Delivery Date does not occur on or before May 1, 2004, as such date may be extended by Tenant Delay (as defined in Exhibit B) or a force majeure event (such date, as so extended, the “Trigger Date”), then Tenant may terminate this Lease upon written notice to Landlord given within five (5) calendar days after the Trigger Date. The foregoing right of Tenant to terminate this Lease shall be Tenant’s sole remedy for such delay in the Delivery Date.
