FAILURE TO GIVE POSSESSION. 24. If Owner is unable to give possession of the demised premises on the date of the commencement of the term hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants or if the demised premises are located in a building being constructed, because such building has not been sufficiently completed to make the premises ready for occupancy or because of the fact that a certificate of occupancy has not been procured or for any other reason, Owner shall not be subject to any liability for failure to give possession on said date and the validity of the lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this lease, but the rent payable hereunder shall be abated (provided Tenant is not responsible for Owner's inability to obtain possession) until after Owner shall have given Tenant written notice that the premises are substantially ready for Tenant's occupancy. If permission is given to Tenant to enter into the possession of the demised premises or to occupy premises other than the demised premises prior to the date specified as the commencement of the term of this lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this lease, except as to the covenant to pay rent. 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 Waiver:
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 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. 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. 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. If Landlord is unable to give possession of the Premises on the date set forth in Paragraph 1G because of the holding-over or retention of possession of any tenant, undertenant or occupants, or otherwise as set forth in Paragraph 26J above, Landlord shall not be subject to any liability for failure to give possession, and the validity of this Lease shall not be impaired under such circumstances, nor shall the same be construed in any way to extend the Term; provided, however, that Tenant's sole remedy shall be that the Rent payable hereunder shall be abated (provided Tenant is not responsible in whole or in part for the inability to obtain possession or any failure by Landlord to Substantially Complete Landlord's Work) until after Landlord shall have given Tenant written notice that the Premises are Substantially Completed or ready for Tenant's occupancy (prior to the date specified in Paragraph 1G as the Commencement Date of the Term) and Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease except the payment of Rent.
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. 3.01 If the Demised Premises shall not be available for occupancy by Tenant on the specific date hereinbefore designated for the commencement of the term of this Lease for any reason whatsoever, then this Lease shall not be affected thereby but, in such case, said specific date shall be deemed to be postponed until the date when the Demised Premises or the additional space, as the case may be, shall be available for occupancy by Tenant, and Tenant shall not be entitled to possession of the Demised Premises or the additional space until the same are available for occupancy by Tenant; provided, however, Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant by reason of any such postponement of said specific date, and the parties hereto further agree that any failure to have the Demised Premises or such additional space available for occupancy by Tenant on said specific date or on the Commencement Date shall in no way affect the obligations of Tenant hereunder nor shall the same be construed in any way to extend the term of this Lease.
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 import then in force and further waives the right to recover any damages which may result from Landlord's failure to deliver possession of the Premises on the date set forth in Article 1 hereof for the commencement of the Term. If Landlord shall be unable to give possession of the Premises on such date, and provided Tenant is not responsible for such inability to give possession, the Rent reserved and covenanted to be paid herein shall not commence until the possession of the Premises is given or the Premises are available for occupancy by Tenant, and no such failure to give possession on such date shall in anywise 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 same be construed in anywise to extend the Term. If permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, including the covenant to pay Rent.
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.
