Outside Delivery Date Clause Samples
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Outside Delivery Date. Notwithstanding anything contained herein to the contrary, if any portion of the Premises is not delivered to Tenant on or before the date that is one hundred twenty (120) days following the anticipated delivery date for such portion of the Premises set forth in Section 3.2 of the Summary (each such date, an “Outside Delivery Date”), then Tenant shall be entitled to receive a day-for-day abatement of Base Rent (in addition to any other Base Rent abatement provided herein) otherwise due for the portion of the Premises not delivered for the number of days that occur in the “Delayed Delivery Period,” as that term is defined below. For purposes of this Lease, the “Delayed Delivery Period” shall mean the period commencing on the day that occurs immediately following the Outside Delivery Date and continuing until the date upon which the applicable portion of the Premises is delivered to Tenant. Notwithstanding anything contained herein to the contrary, if any portion of the Phase 1 Premises is not delivered to Tenant on or before the date that is two hundred seventy (270) days following the anticipated delivery date for such portion of the Phase 1 Premises set forth in Sections 3.2.1, 3.2.2 and 3.2.3 of the Summary (each such date, a “Phase 1 Termination Outside Date”), then Tenant shall have the right to deliver a written notice to Landlord (a “Termination Notice”) electing to terminate this Lease in its entirety effective upon the date occurring five (5) business days following receipt by Landlord of the Termination Notice (the “Effective Termination Date”). If Tenant timely delivers such a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Effective Termination Date for a period ending thirty (30) days after the applicable Phase 1 Termination Outside Date by delivering written notice to Tenant prior to the Effective Termination Date stating that, in Landlord’s reasonable, good faith judgment, the applicable portion of the Phase 1 Premises will be delivered to Tenant within thirty (30) days after the applicable Phase 1 Termination Outside Date. If the applicable portion of the Phase 1 Premises is delivered to Tenant within such thirty (30) day suspension period, then the Termination Notice shall be of no force or effect, but if the applicable portion of the Phase 1 Premises is not delivered to Tenant within such thirty (30) day suspension period, then this Lease shall terminate in its entirety and be of no furth...
Outside Delivery Date. Notwithstanding the above, in the event the 4th Floor Space Commencement Date has not occurred by November 1, 2018 (the “4th Floor Outside Delivery Date”), as such date may be extended due to delays caused by or attributable to a Tenant Delay Day or force majeure event, then Tenant, as its sole remedies therefor, shall have the right to (A) terminate this Amendment with respect to the entire Expansion Space, or (B) grant Landlord an extension on the 4th Floor Outside Delivery Date of up to ninety (90) days, after which Tenant shall again have the right to terminate this Amendment with respect to the entire Expansion Space if Landlord has failed to deliver the 4th Floor Space by delivering written notice to Landlord within ten (10) business days following the 4th Floor Outside Delivery Date but prior to delivery of possession of the 4th Floor Space. Upon any such termination, Tenant shall continue to lease the Existing Premises pursuant to the terms of the Lease, as amended hereby with respect to Tenant’s termination of the Lease with respect to the Expansion Space.
Outside Delivery Date. In the event Landlord fails or is unable to achieve Substantial Completion of the Landlord's Work and Tenant Improvements within one hundred and eighty (180) calendar days from the Substantial Completion Date, as such date may be extended by Force Majeure Events (the "Outside Delivery Date"), then Tenant may, in its sole and absolute discretion, cancel and terminate this Lease Agreement by providing written notice thereof to Landlord within thirty (30) calendar days following the Outside Delivery Date (but prior to Substantial Completion), whereupon this Lease Agreement shall terminate effective as of the date set forth in Tenant's notice. Landlord's obligation to pay the damages in accordance with Section 2.10 above, through the termination date only, shall survive such termination, and such amount shall be paid to Tenant within thirty (30) calendar days after the date of Tenant's notice, or Tenant's right to terminate under this Section 2.11 is waived.
Outside Delivery Date. For purposes hereof, “Outside Delivery Date” means (i) May 4, 2012 with respect to the Substantial Completion of Base Project Work/Laboratory Work (as hereinafter defined), and (ii) December 1, 2012 with respect to Substantial Completion of TI Work (as hereinafter defined). If, except by reason only of any Unavoidable Delay(s) and/or Cumulative Tenant Delay(s), Substantial Completion of Base Project Work/Laboratory Work or Substantial Completion of TI Work has not occurred by the applicable Outside Delivery Date:
Outside Delivery Date. March 31, 2016.
Outside Delivery Date. In the event Landlord fails or is unable to --------------------- achieve Substantial Completion of the Landlord's Improvements on or prior to April 15, 1998, provided, however, that such date may be extended "day for day" -------- ------- by an Excused Delay (the "Outside Delivery Date"); then Tenant may, in its sole and absolute discretion, cancel and terminate this Lease Agreement by providing written notice thereof to Landlord within thirty (30) days following the Outside Delivery Date (but prior to Substantial Completion), whereupon this Lease Agreement shall terminate effective as of the date set forth in Tenant's notice, or Tenant's right to terminate under this Section 2.6 is waived (but Tenant's other rights under this Lease or at law or in equity are not waived in such event and are hereby expressly reserved). Landlord shall use commercially reasonable efforts and proceed with commercially reasonable diligence to complete the construction of the Building and Demised Premises by February 1, 1998.
Outside Delivery Date. The sixth and seventh sentences of Section 6 of the Original Lease are hereby deleted in their entirety and the following substituted therefor: “If Landlord is unable to substantially complete the Improvements on or before the Target Date, such date to be subject to adjustment if there occurs a Tenant Delay or Force Majeure event, Tenant shall be entitled to a credit for Rent in the amount of $5,342.47 for each day after the Target Date that Landlord fails to substantially complete the Improvements (the “Daily Credit”). If Landlord does not deliver a Temporary Certificate of Occupancy with respect to the Premises on or before September 1, 2009 (“Outside Delivery Date”) such date subject to extension due to a Tenant Delay and up to sixty (60) days for Force Majeure events, then the amount of the Daily Credit shall increase to $6,265.55 for each day after the Outside Delivery Date that Landlord does not deliver a Temporary Certificate of Occupancy with respect to the Premises.”
Outside Delivery Date. (a) Landlord will exercise commercially reasonable efforts to cause the Commencement Date to occur by the Scheduled Commencement Date. Without limiting the foregoing, if the Commencement Date has not occurred by the date which is thirty (30) days following the Scheduled Commencement Date (as such date may be extended on a day-for-day basis for Tenant Delays and/or for up to but not more than sixty (60) days on account of Force Majeure (as hereinafter defined), the “First Outside Delivery Date”), then as liquidated damages and the sole and exclusive remedy of Tenant on account thereof, (i) for and with respect to each day between the First Outside Delivery Date and the earlier to occur of (x) the date which is sixty (60) days following the First Outside Delivery Date (as such date may be extended on a day-for-day basis for Tenant Delays and/or for up to but not more than ninety (90) days on account of Force Majeure, the “Second Outside Delivery Date”) and (y) date on which the Commencement Date actually occurs, Tenant shall receive a credit against the Base Rent payable under this Lease in an amount equal to one-half (1/2) of the per diem Base Rent payable for the Premises; and (ii) for and with respect to each day between the Second Outside Delivery Date and the date on which the Commencement Date actually occurs, Tenant shall receive a credit against the Base Rent payable under this Lease in an amount equal to the per diem Base Rent payable for the Premises. Notwithstanding anything to the contrary contained herein, the First Outside Delivery Date and the Second Outside Delivery Date shall be extended, and there shall be no credit against Base Rent for any delay in the Commencement Date arising out of or resulting from any Tenant Delay and/or for delays of up to but not more than ninety (90) days on account of Force Majeure.
(b) Notwithstanding the foregoing, if (i) the Commencement Date has not occurred by the date which is six (6) months after the Scheduled Commencement Date (as the same may be extended for delays arising out of or resulting from Tenant Delays and/or for up to but not more than ninety (90) days on account of Force Majeure, the “Lease Cancellation Date”), and (ii) not less than fifteen (15) days prior to the delivery of a Termination Notice (as hereinafter defined) Tenant shall have delivered a Reminder Notice (as hereinafter defined) to Landlord, then at any time after the Lease Cancellation Date and prior to the date on which the Comme...
Outside Delivery Date. In the event that Landlord fails to cause the Premises to be Ready for Occupancy on or before September 1, 2014 (the "Outside Date"), for any reason other than a Force Majeure Delay or a Tenant Delay (as defined and referenced below, respectively), then Tenant's sole and exclusive remedy at law or in equity for Landlord's failure to cause the Premises to be Ready for Occupancy on or prior to the Outside Date shall be to terminate this Lease pursuant to the terms of this Section 1.1.
Outside Delivery Date. 42 PCS........................................1