Xxxxx in Delivery. It is intended that delivery and installation take place within eight to ten weeks after the date approval of shop drawings and placement of order with the factory following receipt of the Deposit. Since the lift is custom made, a backlog at the factory, among other factors including but not limited to permits, inspections, site conditions, and weather, may cause delays in completion the Elevator Contractor assumes no responsibility for delays nor for failure to deliver Work to Customer on a particular date.
Xxxxx in Delivery. The University shall not be liable for any delay in the delivery of possession of premises due to any unforeseen or catastrophic circumstances. The Licensee’s obligation to make payments shall commence upon the University’s delivery of possession in this circumstance.
Xxxxx in Delivery. If the Delivery Date for either portion of the Premises does not occur on or before March 1, 2011 with respect to the Initial Premises or on or before January 1, 2012 with respect to the Additional Premises (each, an “Outside Delivery Date”), then, as Tenant’s sole remedy, Tenant shall be entitled to a rent abatement following the applicable Commencement Date in an amount equal to one (1) day of Base Rent payable with respect to the applicable portion of the Premises for each day in the period beginning on the Outside Delivery Date and ending on the actual Delivery Date. For purposes of calculating the foregoing with respect to the Additional Premises, if the Additional Premises Commencement Date does not occur before the applicable Outside Delivery Date, Tenant shall be entitled to a rent abatement following the Additional Premises Commencement Date in an amount equal to (i) $566.90 per day for the first forty-five (45) days of abatement, if any, and (ii) $1,194.22 per day thereafter. Landlord and Tenant acknowledge and agree that the determination of the Delivery Date shall take into consideration the effect of any Tenant Delays and any delay in Delivery due to Force Majeure (a “Force Majeure Delivery Delay”). Landlord shall, promptly upon Landlord’s determination that any circumstance or event may result in a Force Majeure Delivery Delay, deliver written notice to Tenant specifying in such notice the nature of the delay in question and (without any warranty implied) Landlord’s good faith estimate of the anticipated extent of the Force Majeure Delay, and shall thereafter keep Tenant apprised of any material changes in or revisions to Landlord’s estimate.
Xxxxx in Delivery. If Landlord fails to deliver the Premises in the condition required under this Lease by August 1, 2005, Tenant may elect to terminate this Lease by written notice given to Landlord at any time prior to delivery of the Premises, in which event this Lease shall terminate on the date of Tenant's termination notice, as if such date were originally set forth as the termination date herein, and Landlord will immediately refund all amounts paid by Tenant to Landlord relating to this Lease (if any), including amounts for prepayment of rent, deposits or other expenses, as well as return and release the Letter of Credit (defined in Section 20 of the Lease).
Xxxxx in Delivery. The parties hereby acknowledge that there is an existing tenant in occupancy of the 5201 California Premises. Landlord will use commercially reasonable efforts to cause the tenant in possession to vacate the 5201 California Premises on or before November 1, 2012, but in the event the existing tenant in possession does not vacate the 5201 California Premises on or before February 1, 2013 (the “Outside Date”), then Tenant, as its sole recourse, shall have the right to terminate its obligation to lease the 5201 California Premises by written notice given to Landlord at any time following the Outside Date but prior to the actual vacation of the 5201 California Premises by the tenant in possession. Upon any such termination by Tenant, neither party shall have any further obligation to the other under this Amendment, and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs in connection with the preparation of the “Preliminary Plan” and the “Working Drawings and Specifications” (as defined in the attached Work Letter) incurred as of the date of such termination within 30 days following invoicing by Tenant.
