Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

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.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (National Financial Partners Corp)

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law 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 '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. The provisions of this Article are intended to constitute an "express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. 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 wise 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 wise to extend the Term except as provided in this Article 22Term.

Appears in 2 contracts

Sources: Lease Agreement (Focal Communications Corp), Lease Agreement (Fibernet Telecom Group Inc\)

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law 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 's failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 1. 1 hereof for the commencement of the Term. The provisions of this Article are intended to constitute an "express provision to the contrary" within the meaning of Section 223-a of the New York Real Property Law. 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 wise 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 wise to extend the Term except as provided in this Article 22Term.

Appears in 1 contract

Sources: Lease Agreement (PNV Net Inc)

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law 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 's failure for any reason to deliver possession of the Premises on the date set forth in Possession Date. The provisions of this Article are intended to constitute an "express provision to the contrary" within the meaning of Section 1.1 hereof for the commencement 223-a of the TermNew York Real Property Law. 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 wise 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 wise to extend the Term except as provided in this Article 22Term.

Appears in 1 contract

Sources: Lease Agreement (Musicmaker Com Inc)