Common use of Failure to Deliver Possession Clause in Contracts

Failure to Deliver Possession. If for any reason Landlord cannot deliver possession of the Premises or any part thereof to Tenant on or prior to the Scheduled Date for Delivery of the Premises, then the validity of this Lease and the obligations of Tenant under this Lease shall not be affected and Tenant shall have no claim against Landlord arising out of Landlord’s failure to deliver possession of the Premises on the Scheduled Date for Delivery of the Premises. In the event Landlord has not delivered the Premises or any part thereof to Tenant with the Tenant Improvement Work substantially complete within ninety (90) days after the Scheduled Date for Delivery of the Premises, and provided that said failure to deliver is not due to action or inaction by Tenant, Tenant shall have the right to terminate this Lease solely with respect that that part of the Premises not Delivered by delivery to Landlord of a termination notice (the “Termination Notice”) which shall be effective ninety (90) days after receipt by Landlord, unless within such 90-day period the Premises are delivered to Tenant. In the event Tenant elects to terminate this Lease, Tenant must deliver the Termination Notice to Landlord prior to the date the Premises or the part thereof are delivered to Tenant. Upon such termination, neither party shall have any further obligation or liability to the other under this Lease with respect to that part of the Premises.

Failure to Deliver Possession. If for any reason Landlord cannot deliver possession of the Premises or any part thereof to Tenant on or prior to the Scheduled Date for Delivery of the PremisesCommencement Date, then the validity of (a) this Lease and the obligations of Tenant under this Lease shall will not be affected void or voidable, (b) Landlord will not be liable to Tenant for any resultant loss or damage, and Tenant shall have no claim against (c) unless Landlord arising out of Landlord’s failure is unable to deliver possession of the Premises to Tenant on the Scheduled Commencement Date because of Tenant's delays, Rent will be waived for Delivery the period between the Commencement Date and the date on which Landlord delivers possession of the PremisesPremises to Tenant. In the event Landlord has not delivered If delivery of possession of the Premises or any part thereof to is delayed beyond the Commencement Date and Tenant with the Tenant Improvement Work substantially complete within ninety (90) days after the Scheduled Date is not responsible for Delivery delays in completion of the Premises, (i) the Commencement Date will be extended automatically, one day for each day after the Commencement Date and provided that said failure before delivery of possession; and (ii) Landlord and Tenant will execute a certificate of the Commencement Date. Landlord will construct or install in the Premises the improvements to deliver is not due be constructed or installed by Landlord according to action or inaction by Tenant, Tenant shall Exhibit C. Landlord will be deemed to have the right to terminate this Lease solely with respect that that part delivered possession of the Premises not Delivered by delivery to Tenant on the tenth (10th) day after Landlord of a termination gives Tenant written notice either that Landlord has substantially completed the improvements or that Landlord will have substantially completed the improvements within ten (the “Termination Notice”) which shall be effective ninety (9010) days after receipt by Landlordsuch notice, unless within such 90-day period the Premises are delivered to Tenant. In the event Tenant elects to terminate this Lease, Tenant must deliver the Termination Notice to Landlord prior in either case subject only to the date the Premises or the part thereof are delivered to completion of Landlord's "punch-list" items which do not materially interfere with Tenant. Upon such termination, neither party shall have any further obligation or liability to the other under this Lease with respect to that part 's use and enjoyment of the Premises.

Failure to Deliver Possession. If for Tenant's Waiver. Tenant waives (a) any reason Landlord cannot deliver possession right to rescind this Lease under Section 223-a of the Premises New York Real Property Law (or any part thereof other law of like import, now or hereafter in force) and (b) the right to Tenant on or prior to the Scheduled Date for Delivery of the Premises, then the validity of this Lease and the obligations of Tenant under this Lease shall not be affected and Tenant shall have no claim against Landlord arising out of recover any damages resulting from Landlord’s 's failure to deliver possession of the Premises on the Scheduled Term Commencement Date or from any delay in the occurrence of the Term Commencement Date for Delivery any reason whatsoever. No such failure shall affect the validity of this Lease or the obligations of Tenant hereunder. If permission is given to Tenant to enter into the possession of the PremisesPremises prior to the Term Commencement Date, such occupancy shall be deemed to be under all the provisions of this Lease, except the covenant to pay Rents. In Notwithstanding anything to the event contrary set forth in this Section 2.4, (i) if Landlord has not delivered the Premises or any part thereof (y) possession of Space A and Space D to Tenant with by the Tenant Improvement Work substantially complete within ninety (90) days day after the Scheduled Date for Delivery date of this Lease or (z) the Premisesentire Premises by June 1, and provided that said failure to deliver is not due to action or inaction 1998, in both instances in the condition required by Tenantthis Lease, Tenant shall have the right to may, in either case, terminate this Lease solely with respect that that part upon ten (10) days' notice to Landlord, which termination shall take effect unless Space A and Space D, or the entire Premises, as the case may be, are so delivered prior to the end of such ten (10) day period, and (ii) if, for any reason, Landlord fails to deliver any portion of the Premises on or before the date specified opposite such space on Exhibit C, then Tenant shall be entitled to receive a credit in an amount equal the product of two (2) times the Phase-in Rents and Rents then payable by Tenant for such portion of the Premises not Delivered by so delivered for each day of delay in the delivery to Landlord of a termination notice (the “Termination Notice”) which shall such space. Such credit or credits may be effective ninety (90) days after receipt by Landlord, unless within such 90-day period the Premises are delivered to Tenant. In the event Tenant elects to terminate offset against any payment of Rents then due or thereafter accruing under this Lease, Tenant must deliver the Termination Notice to Landlord prior to the date the Premises or the part thereof are delivered to Tenant. Upon such termination, neither party shall have any further obligation or liability to the other under this Lease with respect to that part of the Premises.