Outside Delivery Date. (i) If Landlord shall have failed to deliver possession of the Seventh Amendment E Premises to Tenant free of all occupants on or before May 1, 2018 (the “Seventh Amendment E Premises Outside Delivery Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment E Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment E Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment E Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment E Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment E Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect.
(ii) If Landlord shall have failed to deliver possession of the Seventh Amendment E Premises to Tenant free of all occupants on or before the Seventh Amendment E Premises Outside Delivery Date (as so extended) and Tenant has not terminated the Lease as provided in Section 4(C)(i) hereinabove, then the Annual Fixed Rent with respect to the Seventh Amendment E Premises as set forth in Section 4(E) below shall be abated by one (1) day for each day beyond the Seventh Amendment E Premises Outside Delivery Date (as so extended) that Landlord thus fails to deliver possession of the Seventh Amendment E Premises, such abatement to be applied commencing on the Seventh Amendment E Premises Commencement Date.
(iii) The foregoing rent abatement and right of termination shall be Tenant’s sole and exclusive remedies at law or in equity or otherwise for Landlord’s failure to deliver possession of the Seventh Amendment E Premises within the time periods set forth above.
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 the avoidance of doubt, Tenant recognizes that Landlord’s construction has been delayed by the Governor of Pennsylvania’s order mandating the closure of all businesses that are not life-sustaining. Tenant agrees that any amendment, renewal or replacement of such order, or any similar order, directive or guidance issued by any federal, state or local governing body or official having the effect of interfering with or delaying Landlord’s construction, shall constitute a force majeure event and shall extend the Outside Delivery Date, as defined in Section 4 of the Original Lease, on a day-for-day basis until Landlord is legally permitted to resume construction without material interference or delay.
Outside Delivery Date. 42 PCS........................................1
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. 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. 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.
