Common use of Delayed Possession Clause in Contracts

Delayed Possession. If due to or as a result of a Tenant Delay substantial completion of Lessor's Work is delayed, then the Commencement Date for the purpose of the date on which payment of rent commences shall be deemed to be the date that is four (4) weeks after the date upon which Substantial Completion of Lessor's Work would have occurred but for the Tenant Delay, and the obligations of Lessee under this Lease shall commence on such deemed Commencement Date. If Lessor fails to deliver to Lessee actual possession of the Premises by the date that is four (4) weeks after Substantial Completion of Lessor's Work, as extended for Tenant Delays, then rent shall abat▇ ▇▇▇il possession is given, but Lessor shall not be liable to Lessee for such failure, and the Commencement Date shall become the date on which possession is given. Notwithstanding the foregoing, however, if the Project Improvements and Premises Improvements are not substantially completed by Lessor on the date that is seventeen (17) weeks plus ninety (90) days after approval of the Premises Plans, as extended for Tenant Delays, then this Lease shall be voidable by Lessee, and if voided, all payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to Lessee by Lessor, Lessor shall return the Security Deposit (and the Original Letter of Credit) and notwithstanding the limitation of liability provisions of the first sentence of Section 16.2, Lessor shall indemnify and hold harmless Lessee against all costs, damages and expenses incurred by Lessee because of Lessor's failure to deliver the Project Improvements and Premises Improvements as and when required by the Lease.

Delayed Possession. If due to or as a result of a Tenant Delay substantial completion of Lessor's Work is delayed, then the Commencement Date for the purpose of the date does not occur on which payment of rent commences or before February 15, 1999, then Tenant shall be deemed entitled to one (1) additional day of occupancy free of Basic Rent for each day after February 15, 1999, that possession is not tendered (provided, however, such occupancy free of Basic Rent shall be in addition to the two months of occupancy free of Basic Rent as detailed in Section 5.1 below). Such February 15, 1999, date shall be extended, however, for each day that is four the Commencement Date has been delayed beyond February 15, 1999, solely due to (4i) weeks after fire, earthquake or other similar peril (but specifically excluding inclement weather, such as rain), or (ii) Tenant's negligence or willful misconduct or Tenant's breach of this Lease; provided, however, that such February 15, 1999, date shall not be extended more than fifteen (15) days, in the date upon which Substantial Completion aggregate, due to causes described in the foregoing clause (i). Subject to the foregoing, if for any reason whatsoever, Landlord cannot deliver possession of Lessor's Work would have occurred but for the said Premises to Tenant Delayon or before February 15, and the obligations of Lessee under 1999, this Lease shall commence on such deemed Commencement Date. If Lessor fails to deliver to Lessee actual possession not be void or voidable, no obligation of the Premises by the date that is four (4) weeks after Substantial Completion of LessorTenant shall be affected thereby, and neither Landlord nor Landlord's Workagents, as extended for Tenant Delays, then rent shall abat▇ ▇▇▇il possession is given, but Lessor shall not be liable to Lessee Tenant for such failureany loss or damage resulting therefrom. Notwithstanding anything to the contrary in this Lease, and if the Commencement Date has not occurred for any reason whatsoever (other than as a consequence of the negligence or willful misconduct of Tenant or Tenant's breach of this Lease) on or before March 15, 1999, then, in addition to Tenant's other rights or remedies, Tenant may terminate this Lease by written notice to Landlord, whereupon any monies previously paid by Tenant to Landlord shall become be reimbursed to Tenant, together with interest thereon from the date on which possession is given. Notwithstanding the foregoing, however, if the Project Improvements and Premises Improvements are not substantially completed by Lessor on the date that is seventeen (17) weeks plus ninety (90) days after approval of the Premises Plans, as extended for Tenant Delays, then this Lease shall be voidable by Lessee, and if voided, all payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to Lessee by Lessor, Lessor shall return termination until paid at the Security Deposit rate of five percent (and the Original Letter of Credit5%) and notwithstanding the limitation of liability provisions of the first sentence of Section 16.2, Lessor shall indemnify and hold harmless Lessee against all costs, damages and expenses incurred by Lessee because of Lessor's failure to deliver the Project Improvements and Premises Improvements as and when required by the Leaseper annum.

Delayed Possession. If due for any reason the Landlord is delayed in delivering, or is unable to give, possession of all or as a result any part of a the Leased Premises to the Tenant Delay substantial completion of Lessor's Work is delayedon or before the Commencement Date, then (a) the Tenant shall take possession of the Leased Premises on the date (not later than one (1) year after the Commencement Date Date) when the Landlord delivers possession of all of the Leased Premises, which date shall be conclusively established by notice from the Landlord to the Tenant at least five (5) days before such date, (b) this Lease shall not be void or voidable nor shall the Landlord be liable to the Tenant for any Claims resulting from any delay in delivering possession of the Leased Premises to the Tenant, (c) the Term shall commence on the Commencement Date, (d) (unless such delay is caused by or attributable to the Tenant, its employees, servants, agents or independent contractors), no Rent shall be payable by the Tenant for the purpose of period prior to the date on which payment the Landlord delivers possession of rent commences shall be deemed to be all of the date that is four (4) weeks after the date upon which Substantial Completion of Lessor's Work would have occurred but for Leased Premises, unless the Tenant Delayelects to take possession of a part of the Leased Premises, if possession of which part is available from the Landlord, and the obligations Landlord consents thereto, whereupon Rent shall be payable in respect of Lessee under such part from the date such possession is so taken, and (e) the expiry date of this Lease shall commence on such deemed Commencement Dateremain unchanged. If Lessor fails Despite anything contained to the contrary in this Section 1.05, if the Landlord is of the opinion that it is unable to deliver to Lessee actual possession of all or any part of the Leased Premises by the date that is four expiration of six (46) weeks after Substantial Completion of Lessor's Work, as extended for Tenant Delays, then rent shall abat▇ ▇▇▇il possession is given, but Lessor shall not be liable to Lessee for such failure, and months from the Commencement Date Date, the Landlord shall become have the date on which possession is given. Notwithstanding the foregoing, however, if the Project Improvements and Premises Improvements are not substantially completed by Lessor on the date that is seventeen (17) weeks plus ninety (90) days after approval of the Premises Plans, as extended for Tenant Delays, then right to terminate this Lease upon written notice to the Tenant, whereupon neither party shall be voidable by Lesseehave any liability to the other, and, after the termination date, the Landlord shall return to the Tenant, without interest, the Advance Rent and if voided, all payments made to Lessor by Lessee hereunder, Security Deposit if any, shall be immediately refunded to Lessee by Lessor, Lessor shall return the Security Deposit (and the Original Letter of Credit) and notwithstanding the limitation of liability provisions of the first sentence of Section 16.2, Lessor shall indemnify and hold harmless Lessee against all costs, damages and expenses incurred by Lessee because of Lessor's failure to deliver the Project Improvements and Premises Improvements as and when required by the Lease.