FAILURE TO GIVE POSSESSION Clause Samples

FAILURE TO GIVE POSSESSION. Tenant acknowledges that it currently has possession of Space A pursuant to its affiliation with the current subtenant of said Space A, however, Tenant’s right to do any Tenant Work (as hereinafter defined) in Space A prior to the First Delivery Date is contingent upon Landlord obtaining the prior written consent of Cygnus, Inc., the current tenant of Space A. If the Landlord shall be unable to give direct possession of Space A on the First Delivery Date or Space B on the Second Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Commencement Date shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the First Delivery Date or the Second Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder. If the Landlord shall be unable to give possession of Space C on the Third Delivery Date by reason of the following: (i) the holding over or retention of possession of any tenant, tenants or occupants, or (ii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the increase in Monthly Base Rent scheduled for June 1, 2005 pursuant to the provisions of Section 1.01(8) of this Lease with respect only to the increased square footage (and not the rate for the then current square footage) shall be delayed by a number of days equal to the days of delay in Landlord’s delivery of possession to Tenant. No such failure to give possession on the Third Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder.

FAILURE TO GIVE POSSESSION. If Landlord shall be unable to give possession of the Premises by the Projected Commencement Date (i) by reason of the Landlord Work is not Substantially Complete, (ii) by reason of the holding over or retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances, no such failure to give possession by the Projected Commencement Date shall affect the validity of this Lease or the obligations of Tenant hereunder. However, notwithstanding the foregoing, except to the extent caused by any Tenant Delay, if the Commencement Date (i) does not occur by December 1, 2019, then the Rent Abatement Period will be extended by one (1) day for each one (1) day after December 1, 2019 until the earlier of the Commencement Date or December 31, 2019; and (ii) does not occur by January 1, 2020, then the Rent Abatement Period will be extended by two (2) days for each one (1) day of delay after January 1, 2020 until the Commencement Date occurs. The Premises shall be deemed to be ready for Tenant’s occupancy and Substantially Complete in the event the Landlord Work is Substantially Complete in fact, or if the delay in the availability of the Premises for occupancy shall be due to any Tenant Delay and/or Default on the part of Tenant and/or its subtenant or subtenants then the Premises shall be deemed to be ready for Tenant’s occupancy and Substantially Complete on the date on which the Landlord Work would have been Substantially Complete had the Tenant Delay and/or Default not occurred and the Commencement Date will be adjusted accordingly. In the event of any dispute as to whether the Landlord Work is Substantially Complete, the decision of Landlord’s architect shall be final and binding on the parties.

FAILURE TO GIVE POSSESSION. Landlord shall not be liable for failure to give tenant(s) possession of the house on the beginning date of the term if caused by factors beyond Landlord's control (natural disasters, University changing semester dates, terrorism/insurrection, need for extensive repairs/remodeling due to damages caused by previous tenant). In the rare case that this delay occurs, no rent is due or payable until the date when possession by tenants occurs. Landlord will notify tenants immediately of any delays in possession, and will keep tenants updated as to progress towards possession. Regardless of any delays in possession, the ending date of the term will not be changed.

FAILURE TO GIVE POSSESSION. Landlord shall not be liable for failure to give Tenant possession of the premises on the beginning date of the term. Rent shall be payable as of the beginning of the term unless landlord is unable to give possession. In that case, rent shall be payable when possession is available. Landlord will notify tenant as to the date possession is available. The ending date of the term will not change.

FAILURE TO GIVE POSSESSION. If MANAGEMENT cannot provide the apartment to RESIDENT at the start of this lease, RESIDENT cannot sue MANAGEMENT for any resulting damages but RESIDENT will not start paying rent until he/she gets possession of the apartment.

FAILURE TO GIVE POSSESSION. The Lessor shall not be liable for failure to give possession of the Leased Premises upon the Commencement Date by reason of the fact that the Leased Premises are not ready for occupancy, or due to prior lessee wrongfully holding over or any other person wrongfully in possession of the Leased Premises; in such event the rent shall not commence until possession is given or is available, but the term herein granted shall not be extended.

FAILURE TO GIVE POSSESSION. If the Contractor suffers delay and / or incurs costs from failure on the part of the Employer to give possession and access in accordance with the terms of Sub-Clause 8.2, the Engineer shall, after due consultation with the Employer and the Contractor, determine any extension of time to which the Contractor is entitled under sub clause 8.6,8.7 and 8.8 of clause 8.

FAILURE TO GIVE POSSESSION. If ▇▇▇▇▇▇▇▇ is unable to give possession of the Apartment on the date of the commencement of the term, because the occupant refuses to give up possession, or because construction has not been sufficiently completed to make it ready for occupancy or because a certificate of occupancy has not been procured or for any other cause beyond the Landlord’s reasonable control, Landlord shall not be subject to any liability for failure to give possession on said date. The validity of the Lease shall not be impaired by reason of Landlord’s failure to give possession, nor shall the same extend the term of the Lease, but the rent payable hereunder shall be suspended (provided Tenant is not responsible for the inability to obtain possession) until after Landlord shall have given Tenant written notice that the Apartment is substantially ready for Tenant’s occupancy. After the lapse of a reasonable period to give the Landlord adequate opportunity to give possession, Tenant may notify Landlord in writing that in ▇▇▇▇▇▇’s opinion a reasonable period will have elapsed as of the date set forth in Tenant’s notification, which will not be less than thirty (30) days from the date of giving such notice, and the Lease shall terminate as of the date set forth in Tenant’s written notice without other or further liability as between Landlord and Tenant unless Landlord shall give possession prior to such termination. The parties agree to submit any dispute arising out of the interpretation of this provision to the Commissioner of his designee.

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law or any successor statute of similar nature and purpose then in force and further waives the right to recover any damages which may result from Landlord’s failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term. No such failure to give possession on the date set forth in Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way to extend the Term except as provided in this Article 22.