Common use of Delay in Delivery of Possession Clause in Contracts

Delay in Delivery of Possession. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or before the Scheduled Commencement Date, Landlord shall not be subject to any liability therefore, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated to pay Base Monthly Rent or Tenant’s Share of Operating Expenses until the Commencement Date has occurred; provided, however, if Landlord cannot deliver possession of the Premises to Tenant on or before the date (“Outside Commencement Date”) that is ninety (90) days following the Scheduled Commencement Date, Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with written notice thereof within five (5) days following the Outside Commencement Date (provided, however, in the event that Landlord’s failure to deliver possession of the Premises to Tenant on or before the Outside Commencement Date is attributable, in whole or in part, to any action or inaction by Tenant or Tenant’s Agents or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effect.

Delay in Delivery of Possession. If for any reason Landlord cannot shall endeavor to ------------------------------- deliver possession of the Premises to Tenant on or before December 1, 1999 (the "Scheduled Commencement Delivery Date, "). If Landlord shall not be subject fails to any liability therefore, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated to pay Base Monthly Rent or Tenant’s Share of Operating Expenses until the Commencement Date has occurred; provided, however, if Landlord cannot deliver possession of the Premises to Tenant on or before the Scheduled Delivery Date, Landlord shall not be in default under this Lease, and shall not be liable to Tenant for any damages or expenses resulting therefrom. In such event the Lease Commencement Date shall be delayed (i) day for day for each such day of Landlord Delay for the first sixty (60) days of such delay beyond the Scheduled Delivery Date (the "First Delay Period"), (ii) two (2) days for each such day of Landlord Delay beyond the First Delay Period until the date which is one hundred twenty (“Outside Commencement Date”) that is ninety (90120) days following the Scheduled Commencement DateDelivery Date (the "Second Delay Period"), Tenant shall have and (iii) three (3) days for each such day of Landlord Delay beyond the right, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with written notice thereof within five Second Delay Period until the date which is one hundred eighty (5180) days following the Outside Commencement Scheduled Delivery Date (providedthe "Third Delay Period"). Notwithstanding the foregoing limitation on Landlord's liability to the contrary, however, in the event that Landlord’s failure if Landlord fails to deliver possession of the Premises to Tenant on or before June 1, 2000 (the "Outside Delivery Date"), then Tenant, as its sole and exclusive remedy, shall have the right to terminate this Lease by written notice delivered to Landlord by no later than June 15, 2000. Notwithstanding the foregoing, Tenant shall not be entitled to either (i) the Lease Commencement Date is attributabledelays set forth in this Section 2.3.1(ii) and (iii) --------- ----- hereinabove, or (ii) the termination right set forth in whole this Section 2.3.1, if ------------- Landlord's inability to deliver the Premises to Tenant on the Scheduled Delivery Date or in part, to any action or inaction by Tenant or Tenant’s Agents or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in questionDelivery Date, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue results from a Force Majeure Event described in full force and effect.Section 29.16

Delay in Delivery of Possession. If for any reason Landlord cannot deliver possession of the Premises in the condition set forth in Section 4.1 to Tenant on or before the Scheduled Commencement DateDate for any reason, this Lease shall not, except as provided in the last sentence of this Section 4.2, be void or voidable, nor shall Landlord shall not be subject liable to Tenant for any liability thereforeLiabilities resulting therefrom, and such failure shall not affect Tenant waives the validity provisions of any Laws to the contrary. In this Lease or the obligations of Tenant hereunder, but, in such case, the Lease Term and the regular installments of Monthly Rent and additional rent payable by Tenant shall not be obligated to pay Base Monthly Rent or Tenant’s Share commence until Landlord delivers possession of Operating Expenses until the Commencement Date has occurred; provided, however, if premises. If Landlord cannot deliver delivers and Tenant accepts possession of the Premises and commences business operations on the Premises prior to Tenant on or before the date (“Outside Commencement Date”) that is ninety (90) days following the Scheduled Rent Commencement Date, the Lease Term shall commence on the date Tenant accepts possession and all of the terms, covenants and conditions of this Lease, including, without limitations, Tenant's obligations to pay the Monthly Rent and additional rent hereunder, shall have commence as of such date. If the rightLease Term commences earlier or later than the Scheduled Rent Commencement Date, as its sole and exclusive remedy, to terminate this Lease by providing shall nevertheless expire on the Expiration Date, unless sooner terminated pursuant to the terms hereof. Notwithstanding the foregoing, if the Landlord with written notice thereof within five (5) days following the Outside Commencement Date (provided, however, in the event that Landlord’s failure is not able to deliver possession of the Premises to the Tenant within sixty (60) days after the Scheduled Rent Commencement Date, then the Tenant may elect to terminate this Lease by delivering written notice to Landlord on or before seventy (70) days after the Outside Scheduled Rent Commencement Date is attributableDate, in whole or in partand upon such timely written notice, any rent, security deposit, and amounts due pursuant to any action or inaction Section 4.5 for Real Property Taxes and Operating Expenses and Fuel Costs paid by the Tenant or Tenant’s Agents or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, refunded and this Lease shall terminate upon such notice then be null and Landlord shall promptly return void and without recourse to Tenant any deposits made by Tenant to Landlord under this Lease. In of the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effectparties hereto.

Delay in Delivery of Possession. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or before the Scheduled Commencement Date, Landlord shall not be subject to any liability therefore, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated to pay Base Monthly Rent or Tenant’s Share of Operating Direct Expenses until the Commencement Date has occurred; provided, however, if Landlord cannot deliver possession of the Premises to Tenant on or before the date (“Outside Commencement Date”) that is ninety (90) days one hundred eighty (180) days following the Scheduled Commencement Date, Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with written notice thereof within five (5) days following the Outside Commencement Date (provided, however, in the event that Landlord’s failure to deliver possession of the Premises to Tenant on or before the Outside Commencement Date is attributable, in whole or in part, to any action or inaction by Tenant or Tenant’s Agents (including, without limitation, any Tenant Delay described in the Work Letter attached hereto as Exhibit C ) or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effect.

Delay in Delivery of Possession. If for any reason Landlord cannot ------------------------------- deliver possession of the Premises to Tenant on or before the Scheduled Commencement Date, Landlord shall not be subject to any liability thereforetherefor, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated to pay Base Monthly Rent or Tenant’s 's Share of Operating Direct Expenses until the Commencement Date has occurred; provided, however, if Landlord cannot deliver possession of the Premises to Tenant on or before the date (“"Outside Commencement Date”") that is ninety one hundred eighty (90180) days following the Scheduled Commencement Date, Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with written notice thereof within five (5) days following the Outside Commencement Date (provided, however, in the event that Landlord’s 's failure to deliver possession of the Premises to Tenant on or before the Outside Commencement Date is attributable, in whole or in part, to any action or inaction by Tenant or Tenant’s 's Agents (including, without limitation, any Tenant Delay described in the Work Letter attached hereto as Exhibit C) or by reason of --------- any causes beyond the reasonable control of Landlord (“"Force Majeure Delay”"), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s ▇▇▇▇▇▇'s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effect.

Delay in Delivery of Possession. If for any reason Landlord cannot shall use commercially reasonable efforts to deliver possession of the Initial Premises with all of the Leasehold Improvement Work to Tenant the Initial Premises substantially completed and accepted by the City's Director of Property pursuant to Section 6.1 (Leasehold Improvement Work) on or before the Scheduled Estimated Commencement DateDate for the Initial Premises and shall use commercially reasonable efforts to deliver possession of the Additional Premises with all of the Leasehold Improvement Work to the Additional Premises substantially completed and accepted by the City's Director of Property pursuant to Section 6.1 (Leasehold Improvement Work) on or before the Estimated Commencement Date for the Additional Premises. However, if Landlord shall not be is unable to deliver possession of either increment of the Premises by the Estimated Commencement Date applicable to such increment, then, subject to any liability thereforethe provisions of this Section below, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated affected by such inability to deliver possession, except that City’s obligations to pay Base Monthly Rent or Tenant’s Share any other charges for the applicable increment of Operating Expenses the Premises shall not commence until such time as Landlord has delivered such increment of the Premises as required under this Lease. If the Term commences with respect to the Initial Premises or the Additional Premises later or earlier than the applicable Estimated Commencement Date has occurred; providedDate, howeverthis Lease shall nevertheless expire on the Expiration Date, if unless sooner terminated or extended pursuant to the provisions under this Lease. If Landlord cannot is unable to deliver possession of the Initial Premises to Tenant on or before the date City as required hereunder within one hundred eighty (“Outside Commencement Date”) that is ninety (90180) days following after the Scheduled Estimated Commencement DateDate for the Initial Premises then City may, Tenant shall have the rightat its option, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with Lease, without any further liability under this Lease, upon written notice thereof to Landlord. If Landlord is unable to deliver possession of the Additional Premises to City as required hereunder within five one hundred eighty (5180) days following after the Outside Estimated Commencement Date (providedfor the Additional Premises then City may, at its option, terminate this Lease, without any further liability under this Lease, upon written notice to Landlord, provided however, that if such delay in delivery is caused by City’s failure to vacate the event that Additional Premises for any reason other than Landlord’s failure to deliver possession the substitute premises to City in accordance with the provisions of the Premises Amendment to Tenant on or before the Outside Commencement Date is attributableExisting Second Floor Lease, in whole or in part, then City shall have no option to any action or inaction by Tenant or Tenant’s Agents or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effect.

Delay in Delivery of Possession. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or before the Scheduled Commencement Date, Landlord shall not be subject to any liability thereforetherefor, and such failure shall not affect the validity of this Lease or the obligations of Tenant hereunder, but, in such case, Tenant shall not be obligated to pay Rent (including Base Monthly Rent or Tenant’s Share of Operating Expenses Direct Expenses) until the Commencement Date has occurred; provided, however, if Landlord cannot deliver possession of the Premises to Tenant on or before the date (“Outside Commencement Date”) that is ninety one hundred eighty (90180) days following the Scheduled Commencement Date, Tenant shall have the right, as its sole and exclusive remedy, to terminate this Lease by providing Landlord with written notice thereof within five (5) days following the Outside Commencement Date (provided, however, in the event that Landlord▇▇▇▇▇▇▇▇’s failure to deliver possession of the Premises to Tenant on or before the Outside Commencement Date is attributable, in whole or in part, to any action or inaction by Tenant or Tenant’s Agents (including, without limitation, any Tenant Delay described in the Work Letter attached hereto as Exhibit C ) or by reason of any causes beyond the reasonable control of Landlord (“Force Majeure Delay”), the Outside Commencement Date shall be extended for the period of delay attributable to the action or inaction by Tenant or Tenant’s Agents in question and/or the Force Majeure Delay in question, as applicable). In the event Tenant provides Landlord with written notice of termination within such five (5) day period, this Lease shall terminate upon such notice and Landlord shall promptly return to Tenant any deposits made by Tenant to Landlord under this Lease. In the event Tenant fails to provide Landlord with written notice of termination within such five (5) day period, this Lease shall continue in full force and effect.