Xxxxxx'x inability to deliver possession on beginning date Sample Clauses

Xxxxxx'x inability to deliver possession on beginning date. If the lessor, despite reasonable diligence, cannot deliver possession of the property to the lessee on the commencement date of this agreement because of a prior tenant's failure or refusal to move out in time to prepare the property for occupancy, or because of damage or destruction which makes the property impracticable for occupancy, the landlord shall not be liable for lessee's inconvenience, cost, expense, consequential damages, or cost of substitute tenancy or temporary housing. The lessee may elect to rescind this agreement and receive full refund of any security deposit or prepaid rent, and such election is the lessee's exclusive remedy. The lessee shall communicate such election to the lessor not later than the third day after the commencement date of this agreement, or else the lessee shall have waived any objection to the lessor's failure to deliver possession on time. If lessee accepts possession late, the rent obligation will be abated on a pro-rata basis.
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