Common use of Delay in Delivering Possession Clause in Contracts

Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees or independent contractors (collectively, “Landlord’s Agents”), be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding the preceding sentence, if Landlord does not deliver possession of the Premises to Tenant by the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay as defined in and pursuant to the Work Letter), then Tenant shall be entitled to one day of free Base Rent and Additional Rent for each day that the Premises is not available after such Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay) for a period of up to ninety (90) days; provided further that if Landlord does not deliver possession of the Premises to Tenant by the date that is ninety-one (91) days following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall be entitled to two days of free Base Rent and Additional Rent for each day that the Premises is not available after the ninety-first (91st) day following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay). Additionally, if Landlord does not deliver possession of the Premises to Tenant by December 1, 2004 (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall have the option to terminate this Lease by written notice to Landlord within ten (10) days thereafter unless Landlord delivers possession of the Premises to Tenant prior to such notice, and, upon any such termination, all deposits and prepayments shall be refunded. The aforesaid rights of free rent and termination shall be the sole remedies available to Tenant as a result of Landlord’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(b). The Expiration Date shall be extended by the same number of days that the actual Commencement Date was delayed beyond the Estimated Commencement Date specified in the Basic Lease Information. Any free Base Rent and Additional Rent accruing under this Section 8(b) shall be in addition to the Free Base Rent Period set forth in Section 4(a) above.

Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of any portion of the Premises (including the Phase I Premises, the Phase II Premises, or any additional space leased pursuant to Paragraphs 58, 59 and 60) to Tenant on or before the Estimated Commencement Daterequired date for delivery as set forth in this Lease, then, except as provided in Paragraph 8(d) below, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees or invitees, independent contractors or Landlord’s Investment Advisors (as hereinafter defined) (collectively, “Landlord’s Agents”), be liable to Tenant for any loss or damage resulting therefrom. Notwithstanding In the preceding sentenceevent the Phase I Premises or the Phase II Premises is not timely delivered, if Landlord does not deliver possession then (i) Base Rent payable by Tenant respecting the Phase I Premises or the Phase II Premises, as applicable, shall be abated for the same number of days between the Premises to Tenant by the Estimated applicable Commencement Date and the date on which such possession is delivered, (as such date may be extended by Force Majeure or Tenant Delay as defined in and ii) with respect to any additional space leased pursuant to Paragraphs 58, 59, or 60, Base Rent payable shall be abated for the Work Letter)same number of days between the applicable Commencement Date and the date of delivery of possession, then and (iii) Tenant shall also be entitled to one (1) day of free Base Rent and Additional Rent for each every day that late during the Premises is not available after such Estimated Commencement Date first thirty (as such date may be extended by Force Majeure or Tenant Delay) for a period of up to ninety (90) days; provided further that if Landlord does not deliver possession of the Premises to Tenant by the date that is ninety-one (9130) days following the Estimated Commencement Date of delay, and two (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall be entitled to two 2) days of free Base Rent for every day late thereafter (collectively, “Free Base Rent Credits”) in addition to the abatement of Base Rent as specified in clauses (i) and Additional Rent for each day that (ii) above. Except as provided in Paragraph 8(d) below, the Premises is not available after the ninety-first (91st) day following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay). Additionally, if Landlord does not deliver possession of the Premises to Tenant by December 1, 2004 (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall have the option to terminate this Lease by written notice to Landlord within ten (10) days thereafter unless Landlord delivers possession of the Premises to Tenant prior to such notice, and, upon any such termination, all deposits and prepayments shall be refunded. The aforesaid rights of free rent and termination abated Base Rent shall be the sole remedies available to Tenant as a result of Landlord’s failure to deliver delay in delivery of possession of any portion of the Premises to Tenant on a timely basis as provided in this Paragraph 8(b). The Expiration Date shall be extended by the same number of days that the actual Commencement Date was delayed beyond the Estimated Commencement Date specified in the Basic Lease Information. Any free Base Rent and Additional Rent accruing under this Section 8(b) shall be in addition to the Free Base Rent Period set forth in Section 4(a) abovePremises.

Delay in Delivering Possession. If for there is a holding over or retention of possession of the Premises, or any reason whatsoeverportion thereof, by any prior tenant or occupant, or if Landlord cannot shall otherwise be unable to deliver possession of the Premises due to causes beyond its reasonable control, then Landlord shall not be subject to any liability (except as otherwise set forth in this Section 2.3 and in Section 2.10) for the failure or delay in giving possession; but Annual Fixed Rent and additional rent shall be proportionately abated based on the area not delivered until the same is available for occupancy by Tenant. In addition, provided and on the condition that Tenant delivers to Landlord (together, the “Tenant Deadlines”) (a) its Design Development Plans for the Premises by not later than August 25, 2006, (b) its Construction Documents for the Premises by not later than September 29, 2006, and (c) the approval of Landlord’s Cost Proposal by November 15, 2006 (provided that, to the extent Tenant is late in meeting the Tenant Deadlines, each of the deadline dates for Landlord set forth in this Section shall be extended on a day-for-day basis until such time as Tenant meets the Tenant Deadlines), and subject to excusable delay (as provided in Section 8.4) and Tenant Delay (as defined in Appendix D), if the Lease Commencement Date does not occur by April 22, 2007, then, in addition to the proportionate abatement of the Annual Fixed Rent and additional rent, Tenant shall be entitled to: (A) one (1) additional day of free rent for each day thereafter until the earlier of June 22, 2007 or before the Estimated Lease Commencement Date, this and (B) if the Lease shall Commencement Date has not be void or voidableoccurred prior to June 22, nor shall Landlord2007, or Landlord’s agentstwo (2) additional days of free rent for each day thereafter until the earlier of October 22, advisors, employees, partners, shareholders, directors, invitees or independent contractors (collectively, “Landlord’s Agents”), be liable to Tenant for any loss or damage resulting therefrom2007 and the Lease Commencement Date. Notwithstanding the preceding sentenceforegoing, if in the event that Landlord does has not deliver delivered possession of the Premises on or before October 22, 2007 (“Outside Date”), subject to Tenant by the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay as defined in and pursuant to the Work Letter), then Tenant shall be entitled to one day of free Base Rent and Additional Rent for each day that the Premises is not available after such Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay) for a period of up to ninety (90) days; provided further that if Landlord does not deliver possession of the Premises to Tenant by the date that is ninety-one (91) days following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall be entitled to two days of free Base Rent and Additional Rent for each day that the Premises is not available after the ninety-first (91st) day following the Estimated Commencement Date (as such date may be extended by Force Majeure or Tenant Delay). Additionally, if Landlord does not deliver possession of the Premises to Tenant by December 1, 2004 (as such date may be extended by Force Majeure or Tenant Delay), then Tenant shall have the option right to terminate this Lease by written notice to Landlord at any time after the Outside Date and before the Lease Commencement Date (provided that if the Lease Commencement Date occurs within ten thirty (1030) days thereafter unless Landlord delivers possession of the Premises to Tenant prior to following such notice, and, upon any such termination, all deposits and prepayments then Tenant’s termination right shall be refunded. The aforesaid rights of free rent deemed rescinded and this Lease shall continue as if no such termination shall be the sole remedies available to Tenant as a result of Landlord’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(bhad occurred). The Expiration Date shall be extended by the same number of days that the actual Commencement Date was delayed beyond the Estimated Commencement Date specified in the Basic Lease Information. Any free Base Rent and Additional Rent accruing under this Section 8(b) shall be in addition to the Free Base Rent Period Except as set forth in Section 4(a) above2.10 hereof, the foregoing abatement and termination rights shall be Tenant’s sole remedies in the event of a delay in the Lease Commencement Date, and no such delay shall affect any other of the obligations of Tenant.