Second Outside Delivery Date Clause Samples

Second Outside Delivery Date. If the Delivery Date has not occurred by April 15, 2020 (the “Second Outside Delivery Date”), Tenant shall have the right to terminate this Lease by written notice to Landlord (the “Delivery Failure Termination Notice”) effective upon the date that is five (5) Business Days following receipt by Landlord of the Delivery Failure Termination Notice (the “Delivery Termination Effective Date”), in which event, Landlord shall return any prepaid Rent to Tenant. Should the Delivery Date occur prior to Tenant’s exercise of the foregoing termination right, however, such termination right shall, in such event, expire and be of no further force or effect upon the Delivery Date (provided that Tenant shall be entitled to receive any then-accrued Late Delivery Date abatements provided for in Section 3(a) above). The First Outside Delivery Date and the Second Outside Delivery Date shall each be extended to on a day-for-day basis for each day that Landlord’s delivery is delayed due to any Force Majeure Event and any Tenant Delay. Tenant’s rights to terminate this Lease, as set forth in this Section 3(b), shall be Tenant’s sole and exclusive remedy at law or in equity for the failure of the Delivery Date to occur by the Second Outside Delivery Date.