Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

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. If ▇▇▇▇▇▇▇▇ the Company 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 LandlordCompany’s reasonable control, Landlord the Company 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 LandlordCompany’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 Cooperator is not responsible for the inability to obtain possession) until after Landlord the Company shall have given Tenant Cooperator written notice that the Apartment apartment is substantially ready for TenantCooperator’s occupancy. After the lapse of a reasonable period to give the Landlord Company adequate opportunity to give possession, Tenant Cooperator may notify Landlord the Company in writing that in ▇▇▇▇▇▇the Cooperator’s opinion a reasonable period will have elapsed as of the date set forth in TenantCooperator’s notification, which will not be less than thirty (30) days from the date of giving such notice, notice and the Lease shall terminate as of the date set forth in TenantCooperator’s written notice without other or further liability as between Landlord the Company and Tenant Cooperator unless Landlord the Company shall give possession prior to such termination. The parties agree to submit any dispute arising out of the interpretation of this provision paragraph to the Commissioner of or his designee.

FAILURE TO GIVE POSSESSION. If ▇▇▇▇▇▇▇▇ the Company 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 Company's reasonable control, Landlord the Company 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 the Company'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 Cooperator is not responsible for the inability to obtain possession) until after Landlord the Company shall have given Tenant Cooperator written notice that the Apartment is substantially ready for Tenant’s Cooperator's occupancy. After the lapse of a reasonable period to give the Landlord Company adequate opportunity to give possession, Tenant Cooperator may notify Landlord the Company in writing that in ▇▇▇▇▇▇’s the Cooperator's opinion a reasonable period will have elapsed as of the date set forth in Tenant’s Cooperator's notification, which will not be less than thirty (30) days from the date of giving such notice, notice and the Lease shall terminate as of the date set forth in Tenant’s Cooperator's written notice without other or further liability as between Landlord the Company and Tenant Cooperator unless Landlord the Company shall give possession prior to such termination. The parties agree to submit any dispute arising out of the interpretation of this provision paragraph to the Commissioner of or his designee.

FAILURE TO GIVE POSSESSION. If ▇▇▇▇▇▇▇▇ is unable to give possession of the Apartment apartment on the date of the commencement of the term, term because the occupant refuses to give up possession, or because construction has not been sufficiently completed to make it ready for occupancy occupancy, or because a certificate of occupancy has not been procured 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 this Agreement shall not be impaired by reason of Landlord’s failure to give possession, nor shall the same extend the term of the Leasethis Agreement, 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 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) 30 days from the date of giving such notice, and the Lease this Agreement 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 or his designee.

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. If ▇▇▇▇▇▇▇▇ is the Landlord shall be unable to give possession of the Apartment Premises on the date of the commencement of the term, Projected Commencement Date because the occupant refuses to give up possession, or because construction Estimated Substantial Completion Date 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 controloccurred, then Landlord shall not be subject to any liability for the failure to give possession on said date. The validity of Under such circumstances the Lease rent reserved and covenanted to be paid herein shall not be impaired commence until the Premises are made available to Tenant by reason of Landlord’s , and no such failure to give possession, nor possession on the Projected Commencement Date shall affect the same extend validity of this Lease or the obligations of the Tenant hereunder. The Lease shall be amended so that the term shall be extended by the period of time possession is delayed. Notwithstanding anything to the contrary set forth herein, in the event possession of the Lease, but the rent payable hereunder shall be suspended (provided Tenant Premises is not responsible delivered to Tenant free of all occupants and ready for the inability commencement of Tenant Work within sixty (60) days after the date this Lease is executed, then Tenant shall have the right at its sole option, to obtain possession) until after terminate this Lease by giving written notice thereof to Landlord, in which event Landlord shall have given immediately return to Tenant written notice that the Apartment is substantially ready for any and all monies and other deposits (including any letter of credit or other security) provided to Landlord by 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. If ▇▇▇▇▇▇▇▇ the Company 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 LandlordCompany’s reasonable control, Landlord the Company 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 LandlordCompany’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 Cooperator is not responsible for the inability to obtain possession) until after Landlord the Company shall have given Tenant Cooperator written notice that the Apartment apartment is substantially ready for TenantCooperator’s occupancy. After the lapse of a reasonable period to give the Landlord Company adequate opportunity to give possession, Tenant Cooperator may notify Landlord the Company in writing that in ▇▇▇▇▇▇the Cooperator’s opinion a reasonable period will have elapsed as of the date set forth in TenantCooperator’s notification, which will not be less than thirty (30) days from the date of giving such notice, notice and the Lease lease shall terminate as of the date set forth in TenantCooperator’s written notice without other or further liability as between Landlord the Company and Tenant Cooperator unless Landlord the Company shall give possession prior to such termination. The parties agree to submit any dispute arising out of the interpretation of this provision paragraph to the Commissioner of or his designee.