Common use of Failure to Deliver Possession Clause in Contracts

Failure to Deliver Possession. 9.5.1 Landlord shall indemnify and hold harmless Tenant from and against any and all Landlord Delay Costs which result from or arise in connection with the failure to deliver any First Offer Space on the scheduled delivery date therefor in accordance with the requirements of this Lease, except to the extent such failure is the result of fire or other casualty; provided, however, in the case of such a failure, Tenant shall not incur any of the Landlord Delay Costs described in the clauses (v) and (w) of the definition thereof unless such failure shall continue for sixty (60) days or more from the schedule delivery date therefor. In addition, in the event Landlord does not, for any reason, including Unavoidable Delay, deliver the First Offer Space within ninety (90) days after the scheduled delivery date therefor, Tenant may, but shall have no obligation to, rescind its exercise of said option by delivering notice thereof to Landlord at any time after the expiration of said ninety (90) day period and prior to actual delivery of the First Offer Space in the condition required by this Lease. 9.5.2 Landlord covenants and agrees that it will use best efforts (including, if requested by Tenant, litigation) to deliver possession of all portions of each First Offer Space upon the scheduled delivery date therefor, or, if such is not possible, as soon thereafter as is reasonably possible.

Failure to Deliver Possession. 9.5.1 8.6.1 Landlord shall indemnify and hold harmless Tenant from and against any and all Landlord Delay Costs which result from or arise in connection with the failure to deliver any First Offer Expansion Space on the scheduled delivery date therefor in accordance with the requirements of this Lease, except to the extent such failure is the result of fire or other casualty; provided, however, in the case of such a failure, Tenant shall not incur any of the Landlord Delay Costs described in the clauses (v) and (w) of the definition thereof unless such failure shall continue for sixty (60) days or more from the schedule delivery date therefor. In addition, in the event Landlord does not, for any reason, including Unavoidable Delay, deliver the First Offer Expansion Space within ninety (90) days after the scheduled delivery date therefor, Tenant may, but shall have no obligation to, rescind its exercise of said option by delivering notice thereof to Landlord at any time after the expiration of said ninety (90) day period and prior to the actual delivery of the First Offer Expansion Space in the condition required by this Lease. 9.5.2 8.6.2 Landlord covenants and agrees that it will use best efforts (including, if requested by Tenant, litigation) to deliver possession of all portions of each First Offer Expansion Space to Tenant upon the scheduled delivery date therefor, or, if such is not possible, as soon thereafter as is reasonably possible.

Failure to Deliver Possession. 9.5.1 Landlord shall indemnify and hold harmless Tenant from and against any and all Landlord Delay Costs which result from or arise in connection with the failure to deliver any First Offer Space on the scheduled delivery date therefor in accordance with the requirements of this Lease, except to the extent such failure is the result of fire or other casualty; provided, however, in the case of such a failure, Tenant shall not incur any of the Landlord Delay Costs described in the clauses (v) and (w) of the definition thereof unless such failure shall continue for sixty (60) days or more from the schedule delivery date therefor. In addition, in the event Landlord does notIf, for any reason, including Unavoidable Delay, deliver the First Offer Space within ninety (90) days after the scheduled delivery date therefor, Tenant may, but shall have no obligation to, rescind its exercise of said option by delivering notice thereof to Landlord at any time after the expiration of said ninety (90) day period and prior to actual delivery of the First Offer Space in the condition required by this Lease. 9.5.2 Landlord covenants and agrees that it will use best efforts (including, if requested by Tenant, litigation) to cannot deliver possession of all portions the Warm Building Shell to Tenant by the Estimated Shell Completion Date, then this Lease shall remain in effect, Landlord shall not be subject to any liability, and such failure shall neither adjust the Commencement Date of the Lease nor extend the expiration date of this Lease, provided, however, that the Commencement Date as defined in Paragraph 2(b)(i) above shall be extended, on a day for day basis, for each First Offer Space upon day that the scheduled delivery date therefor, orPremises are not delivered to Tenant in substantially completed condition following the Estimated Shell Completion Date. Notwithstanding anything to the contrary contained herein, if Landlord has not delivered the Premises in substantially completed condition to Tenant prior to March 31, 2001, then Tenant shall have the right thereafter to cancel this Lease by written notice to Landlord within five (5) days thereafter, and upon such is not possiblecancellation, as soon thereafter as is reasonably possibleLandlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other. (a) BASE RENT