Termination for Delayed Delivery. If Landlord does not deliver possession of the Initial Premises to Tenant (i) within one hundred eighty (180) days (plus any additional period of delay attributable to Force Majeure or Tenant Delay) after the Scheduled Commencement Date, or (ii) within two hundred seventy (270) days (plus any additional period of delay attributable to casualty or condemnation proceedings, Force Majeure or Tenant Delay, provided, however -------- ------- that such period may be extended for Force Majeure for a maximum of one hundred eighty (180) days) after the Scheduled Commencement Date, then in either such event, Landlord or Tenant may terminate this Lease by delivery of written notice to the other party but in no event shall Landlord be liable to Tenant for any loss or damage resulting from such delay except for the Late Delivery Payment. Tenant must provide an irrevocable written termination notice to Landlord within thirty (30) days after the expiration of either such period or shall be deemed to have waived its right to terminate this Lease. If Tenant notifies Landlord that it wishes to terminate the Lease pursuant to this provision and Landlord delivers possession of the Initial Premises to Tenant within thirty (30) days after receipt of such notice from Tenant, then the notice of termination shall be void and this Lease shall remain in full force and effect. If the Lease is terminated pursuant to this provision then the Lease shall terminate as of the effective date of such notice and thereafter neither party shall be liable to the other for any loss or damage resulting from such delay, except for Landlord's obligation to pay the Late Delivery Payment.
Appears in 1 contract
Termination for Delayed Delivery. If Landlord does not deliver possession of the Initial Premises to Tenant (i) within one hundred eighty (180) days (plus any additional period of delay attributable to Force Majeure or Tenant Delay) after the Scheduled Commencement Date, or (ii) within two hundred seventy (270) days (plus any additional period of delay attributable to casualty or condemnation proceedings, Force Majeure or Tenant Delay, ; provided, however however, -------- ------- that such period may be extended for Force Majeure for a maximum of one hundred eighty (180) days) days after the Scheduled Commencement Date), then in either such event, Landlord or Tenant may terminate this Lease by delivery of written notice to the other party but in no event shall Landlord be liable to Tenant for any loss or damage resulting from such delay except for the Late Delivery Payment. Tenant must provide an irrevocable written termination notice to Landlord within thirty (30) days after the expiration of either such period or shall be deemed to have waived its right to terminate this Lease. If Tenant notifies the Landlord that it wishes to terminate the Lease pursuant to this provision and Landlord delivers possession of the Initial Premises to Tenant within thirty (30) days after receipt of such notice from Tenant, then the notice of termination shall be void and this Lease shall remain in full force and effect. If the this Lease is terminated pursuant to this provision then the this Lease shall terminate as of the effective date of such notice and thereafter neither party shall be liable to the other for any loss or damage resulting from such delay, except for Landlord's obligation to pay the Late Delivery Payment.
Appears in 1 contract