Common use of Inability to Deliver Premises Clause in Contracts

Inability to Deliver Premises. (a) Notwithstanding anything to the contrary contained in this Lease, if Landlord is unable to deliver possession of any portion of the Premises to Tenant in the condition required herein by any particular date, this Lease shall not be void or voidable, nor shall Landlord be liable for any damages or penalties in connection therewith, except as hereinafter expressly set forth in this Lease. (b) Notwithstanding the foregoing and provided such delay is not caused by any Tenant Delay, if the Possession Date does not occur on or prior to July 1, 2019, then (i) the Abatement Period shall be extended (without a corresponding extension or delay of the Expiration Date) by (A) one (1) day for each day of delay beyond July 1, 2019 for the first forty-five (45) days of such delay, and (B) two (2) days for each day of delay beyond the first forty-five (45) days of such delay, and (ii) if such delay extends beyond ninety (90) days after July 1, 2019, then Tenant shall have the right to complete any or all of Landlord's Delivery Work and to offset the reasonable, out-of-pocket third party costs actually incurred and documented by Tenant in connection therewith against Fixed Rent next becoming due and payable hereunder. If the Possession Date does not occur on or prior to July 1, 2019 as a result of any Tenant Delay (or if any of Landlord's Post Delivery Work is delayed by any Tenant Delay), then the Possession Date (or the substantial completion of Landlord's Post Delivery Work, as applicable) shall be deemed to be the date on which the Possession Date (or such substantial completion of Landlord's Post Delivery Work, as applicable) would have occurred absent such Tenant Delay.

Inability to Deliver Premises. (a) Notwithstanding anything If Landlord fails to the contrary contained in this Lease, if Landlord is unable substantially complete ▇▇▇▇▇▇▇▇’s Critical Path Work on or prior to deliver possession of any portion of the Premises to Tenant in the condition required herein by any particular target substantial completion date, this Lease shall not be void or voidable, nor shall Landlord be liable for any damages or penalties in connection therewith, except as hereinafter expressly set forth in this Lease. (b) herein. Notwithstanding the foregoing and provided such delay is not caused by any that Tenant Delay, if the Possession Date does not occur has received all permits necessary to begin construction of Tenant’s Work on or prior to July 1, 2019, then before the date Landlord actually substantially competes Landlord’s Critical Path Work: (i) the Abatement Period subject to any Tenant Delays and Unavoidable Delays, if Landlord does not substantially complete Landlord’s Critical Path Work on or before June 30, 2023, then Tenant shall be extended entitled to a credit, in the amount of one and one-half (without a corresponding extension or delay of the Expiration Date) by (A) one (1) day for each day of delay beyond July 1, 2019 for the first forty-five (451.5) days of Base Rent for every day after such delaydate that Landlord has not so substantially completed Landlord’s Critical Path Work, and, subject to any ​ ​ Tenant Delays and (B) two (2) days for each day of delay beyond the first forty-five (45) days of such delayUnavoidable Delays, and (ii) if such delay extends beyond ninety (90) days after July 1Landlord does not substantially complete Landlord’s Critical Path Work on or before August 31, 20192023, then Tenant shall have the right to complete any or all terminate the Lease by providing ten (10) Business Days’ prior written notice of termination within ten (10) Business Days after such date (time being of the essence), provided that if Landlord substantially completes Landlord's Delivery ’s Critical Path Work and to offset the reasonable, out-of-pocket third party costs actually incurred and documented by Tenant in connection therewith against Fixed Rent next becoming due and payable hereunder. If the Possession Date does not occur on or prior to July 1, 2019 as a result the expiration of any Tenant Delay such ten (or if any of Landlord's Post Delivery Work is delayed by any Tenant Delay)10) Business Day period, then the Possession Date (or the substantial completion of Landlord's Post Delivery Work, as applicable) such termination notice shall be deemed null and void and of no further force or effect, and (ii) subject to any Tenant Delays and Unavoidable Delays, if Landlord does not substantially complete Landlord’s Base Building Work on or before October 31, 2023, then Tenant shall be entitled to a credit, in the amount of one and one half (1.5) days of Base Rent for every day after such date on which the Possession Date (or such substantial completion of that Landlord has not so substantially completed Landlord's Post Delivery ’s Base Building Work, as applicable) would have occurred absent such Tenant Delay.