Xxxxx in Possession Sample Clauses

Xxxxx in Possession. If Landlord, for any reason whatsoever, cannot deliver possession of Suite 570 to Tenant on or before the Estimated Commencement Date for Suite 570 set forth in Section 11I.A.2 above, this Amendment shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent for Suite 570 and the Commencement Date for Suite 570 shall not occur until Landlord delivers possession of Suite 570 and Suite 570 is in fact ready for occupancy as defined below, except that if Landlord's failure to so deliver possession is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter attached as Exhibit X to this Amendment), then Suite 570 shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to deliver Suite 570 to Tenant but for Tenant's delay(s). Subject to the foregoing, Suite 570 shall be deemed ready for occupancy if and when Landlord, to the extent applicable, (a) has put into operation all building services essential for the use of Suite 570 by Tenant, (b) has provided reasonable access to Suite 570 for Tenant so that it may be used without unnecessary interference, (c) has substantially completed all the work required to be done by Landlord in this Amendment, and (d) has obtained requisite governmental approvals to Tenant's occupancy.

Xxxxx in Possession. If Landlord, for any reason whatsoever, cannot deliver possession of Suite 100 to Tenant on or before the Estimated Commencement Date for Suite 100 set forth in Section III.A.2 above, this Amendment shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent for Suite 100 until the Commencement Date for Suite 100 occurs as provided in Section III.B above, except that if Landlord’s failure to substantially complete all work required of Landlord pursuant to Section III.B(i) above is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter attached to this Amendment), then Suite 100 shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent for Suite 100), as of the date Landlord would have been able to substantially complete such work and deliver Suite 100 to Tenant but for Tenant’s delay(s).

Xxxxx in Possession. In no event shall Landlord be liable to Tenant if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date for causes outside Landlord’s reasonable control. If Landlord is unable to deliver possession of the Premises to Tenant by the Commencement Date, the Commencement Date shall be deferred until Landlord can deliver possession to Tenant, and the Expiration Date shall be deferred for an equal number of days.

Xxxxx in Possession. Landlord agrees to use commercially reasonable efforts to deliver possession of the Premises to Tenant by the Commencement Date. If, despite said efforts, Landlord is unable to deliver possession by such date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Tenant shall not, however, be obligated to pay Rent until Landlord delivers possession of the Premises and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Tenant.

Xxxxx in Possession. In no event shall Landlord be liable to Tenant -------------------- if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date for causes outside Landlord's reasonable control. If Landlord is unable to deliver possession of the Premises to Tenant by the Commencement Date, the Commencement Date shall be deferred until Landlord can deliver possession to Tenant. If the Commencement Date is so delayed and as a result would occur on a day other than the first day of the month; (i) the Commencement Date shall be further delayed until the first day of the following month, (ii) Tenant shall be allowed to take occupancy of the Premises prior to the Commencement Date, subject to all of the terms and conditions of this Lease and shall pay the pro-rata Rent for such partial month, and (iii) the Expiration Date shall be extended so that the Term will continue for the full period contemplated in the Schedule.

Xxxxx in Possession. XXXXXXXX agrees to use all commercially reasonable efforts to deliver possession of the Premises with all of the Improvements Substantially Completed to COUNTY by the Commencement Date. If as a result of causes beyond LANDLORD’s reasonable control, LANDLORD is unable to deliver possession as agreed, this Lease shall not be voidable, nor shall such failure affect the validity of this Lease. If possession is not delivered within ninety (90) days after the Commencement Date, COUNTY can elect to terminate this Lease by giving written notice to LANDLORD at any time before LANDLORD delivers possession of the Premises to COUNTY. If COUNTY elects to terminate this Lease pursuant to this provision, COUNTY shall be discharged of all obligations under this Lease.

Xxxxx in Possession. If Landlord, for any reason whatsoever, cannot deliver possession of the 15326 Xxxxx Premises to Tenant on or before the Estimated Commencement Date for the 15326 Xxxxx Premises set forth in Section III.B.2 above, this Amendment shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent for the 15326 Xxxxx Premises until the Commencement Date for the 15326 Xxxxx Premises occurs as provided in Section III.C above, except that if Landlord’s failure to substantially complete all work required of Landlord pursuant to Section III.C(i) above is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Amendment), then the 15326 Xxxxx Premises shall be deemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent), as of the date Landlord would have been able to substantially complete such work and deliver the 15326 Xxxxx Premises to Tenant but for Tenant’s delay(s).

Xxxxx in Possession. In no event shall Landlord be liable to Tenant if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date for causes outside Landlord’s reasonable control. If Landlord is unable to deliver possession of the Premises to Tenant by the Commencement Date, the Commencement Date shall be deferred until Landlord can deliver possession to Tenant. The parties acknowledge that Tenant’s operations will require that the fiber optic line described in Exhibit B be installed not later than the Commencement Date. Landlord agrees to request the installation of such service promptly after the date of mutual execution and delivery of this Lease. If the fiber optic line has not been installed at the Building on or before the Commencement Date, Tenant shall not be obligated to accept possession of the Premises, and in such event, the Commencement Date and Expiration Date shall be proportionately extended for the period of delay in bringing the fiber optic service to the Building. No Base Rent or Rent shall be payable during the period equal to such delay so long as Tenant does not take possession of the Premises. In addition, if installation of the fiber optic line to the Building is delayed beyond April 1, 2005, then Tenant may terminate this Lease. Such right to terminate shall be exercised, if at all, by Tenant’s delivery of written notice specifying such election on or before April 15, 2005 and shall be effective upon Landlord’s receipt of such notice. Tenant’s failure to timely exercise such right shall be deemed an automatic waiver of this right to terminate, time being of the essence with respect to the same.

Xxxxx in Possession. In no event shall Landlord be liable to Tenant if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date for causes outside Landlord's reasonable control. Notwithstanding anything contained herein to the contrary, if Landlord is unable to deliver possession of the Premises to Tenant by with 180 days after full execution of the Lease for any reason other than Tenant caused delays, then Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by written notice given to Landlord within five (5) days after expiration of said 180 day period.

Xxxxx in Possession. The Fourth Floor Expansion Effective Date shall be delayed to the extent that Landlord fails to deliver possession of the Fourth Floor Expansion Space for any reason, including but not limited to, holding over by prior occupants. Any such delay in the Fourth Floor Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom.