Common use of Delivery of Premises; Termination Clause in Contracts

Delivery of Premises; Termination. If Landlord fails to deliver possession of the Premises to Tenant on or before October 1, 2009, Tenant may terminate this Lease by 30 days’ notice to Landlord at any time thereafter before the date on which possession is delivered to Tenant, which termination will be Tenant’s sole remedy for Landlord’s failure to deliver possession of the Premises hereunder. If this Lease has not terminated as a result of Tenant’s termination before the date on which possession of the Premises is delivered by Landlord, the Commencement Date will be the date on which Landlord delivers possession and the first and last day of each Rent Period, beginning with the Free Rent Period, will be one day later for each day that the Commencement Date is later than October 1, 2009. Landlord and Tenant will promptly execute a Commencement Date Certificate to memorialize the actual Commencement Date.

Delivery of Premises; Termination. If Landlord fails to deliver possession of the Premises to Tenant on or before October 1, 20092010, Tenant may terminate this Lease by 30 days’ notice to Landlord at any time thereafter before the date on which possession is delivered to Tenant, which termination will be Tenant’s sole remedy for Landlord’s failure to deliver possession of the Premises hereunder. If this Lease has not terminated as a result of Tenant’s termination before the date on which possession of the Premises is delivered by Landlord, the Commencement Date will be the date on which Landlord delivers possession and the first and last day of each Rent Period, beginning with the Free Rent Period, will be one day later for each day that the Commencement Date is later than October 1, 20092010. Landlord and Tenant will promptly execute a Commencement Date Certificate to memorialize the actual Commencement Date.