Common use of Delayed Possession Clause in Contracts

Delayed Possession. If the Landlord is delayed in delivering possession of all or any portion of the Premises to the Tenant on or before the earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or the date on which the Premises are to be made available to the Tenant, the obligation of the Tenant to pay Base Rent and Occupancy Costs, and the Expiry Date shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable, nor shall the Landlord be liable to the Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to the Tenant, and the deferment of the obligation of the Tenant to pay Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Rent and Occupancy Costs shall not be deferred.

Appears in 2 contracts

Sources: Lease of Industrial Space (Above Food Ingredients Inc.), Lease Agreement (Dirtt Environmental Solutions LTD)

Delayed Possession. If the Landlord is delayed in delivering possession of all or any portion of the Premises to the Tenant on or before the earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or contractors, then the date on which the Premises are to be made available to the Tenant, the Commencement Date and the obligation of the Tenant to pay Base Basic Rent and Occupancy Costs, and the Expiry Date Costs shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable, voidable nor shall the Landlord be liable to the Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to the Tenant, and the deferment of the obligation of the Tenant to pay Base Basic Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work Construction is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Basic Rent and Occupancy Costs shall not be deferreddeferred and the time period for completion of Landlord’s Construction (but not the Expiry Date) shall be extended for a reasonable period which shall not in any event be less than a period corresponding to such delay.

Appears in 2 contracts

Sources: Office Lease (Adven Inc.), Office Lease (Adven Inc.)

Delayed Possession. If the Landlord is delayed in delivering possession of all or any portion of the Premises to the Tenant on or before the earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) Period and/or the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or contractors, the date on which the Premises are to be made available to the TenantTenant for fixturing, the Commencement Date, and the obligation of the Tenant to pay Base Rent and Occupancy Costs, Costs and the Expiry Date expiration date of the Term shall be postponed for a period equal to the duration of the delay. , This Lease shall not be void or voidable, nor shall the Landlord be liable to the Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to the Tenant, and the deferment of the obligation of the Tenant to pay Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Rent and Occupancy Costs shall not be deferred.

Appears in 1 contract

Sources: Lease of Industrial Space (Lululemon Corp.)