Common use of Commencement Delays Clause in Contracts

Commencement Delays. Subject to Article 4, the Commencement Date, Rent and Tenant’s other obligations shall be postponed to the extent Tenant is not reasonably able to occupy the Premises because Landlord fails, by the Commencement Date set forth in Article I, to: (i) deliver possession of the Premises, and (ii) substantially complete any improvements to the Premises required to be performed by Landlord under this Lease, except to the extent that Tenant, its space planners, architects, contractors, agents or employees cause such failure. If such failure occurs with respect to a portion of the Premises, the Commencement Date, Rent and Tenant’s other obligations shall be so postponed with respect to such portion (and fairly prorated based on the rentable square footage involved). If the Commencement Date is postponed pursuant to the foregoing provisions for a ninety (90) day initial grace period, Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) days thereafter, subject to Landlord’s right to cure as provided in Article 21. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s sole recourse with respect thereto shall be the postponement of Rent and other obligations and right to terminate this Lease described herein,

Commencement Delays. Subject to Article 4, The Commencement Date (or the Commencement Space B Possession Date or Space C Possession Date, as the case may be), and Rent and Tenant’s 's other obligations relating thereto shall be postponed to the extent Tenant is not reasonably able to occupy Space A (or Space B or Space C, as the Premises case may be) for the operation and conduct of business because Landlord fails, by the Commencement Date set forth in Article I1 (or the Space B Possession Date or Space C Possession Date, as the case may be) to: (i) deliver possession of the Premises, and (ii) substantially complete any the improvements to the Premises required to be performed by Landlord under Exhibit C to this LeaseLease with respect to the applicable space, except to the extent that Tenant, its space planners, architects, contractors, agents or employees cause in any way contribute to such failure. The substantial completion referred to in subsection (ii) above, Section 4B of the Lease and in Exhibit C shall be deemed to have occurred when evidenced by the city of Durham inspector's issuance of a temporary certificate of occupancy and a certificate of substantial completion issued by the Architect (as defined in Exhibit C). If such failure occurs with respect to a portion of the Premisessubject space, the Commencement Date (or the Space B Possession Date or Space C Possession Date, as the case may be), Rent and Tenant’s 's other obligations shall be so postponed with respect to such portion (and fairly prorated based on the rentable square footage involved). If the Commencement Date is postponed pursuant to the foregoing provisions for a ninety (90) day initial grace period, Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) days thereafter, subject to Landlord’s right to cure as provided in Article 21. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s Xxxxxx's sole recourse with respect thereto shall be the postponement of Rent and other obligations described herein, except as follows: (1) If the Commencement Date has not occurred by January 25, 1999 then beginning on January 25, 1999 and continuing until the Commencement Date has occurred, the commencement of Base Rent shall be delayed as provided above and Tenant shall also be entitled one (1) day of Base Rent abatement for each day of delay of the Commencement Date; and (2) If the Commencement Date has not occurred by May 17, 1999, Tenant shall have the right to terminate this Lease described herein,by written notice to Landlord given no later than May 27, 1999; provided, however, that the dates set forth in subsections (1) and (2) immediately above shall be extended by the number of days of delay in the Commencement Date to which Tenant or its space planners, architects, contractors, agents or employees have in any way contributed. In the event that Tenant elects not to terminate the Lease, then the one (1) day of Rent abatement per day of delay as set forth in subsection (1) above shall cease as of May 17, 1999, and Xxxxxx's only remedy for further delays in delivery of possession of the Premises shall be the delay in the commencement of Rent.

Commencement Delays. Subject to Article 44.C, the Commencement Date, Rent and Tenant’s 's other obligations shall be postponed to the extent Tenant is not reasonably able to occupy the Premises because Landlord fails, by the Commencement Date set forth in Article I1, to: (i) deliver possession of the Premises, and (ii) substantially complete any improvements to the Premises required to be performed by Landlord under this Lease, except to the extent that Tenant, its space planners, architects, contractors, agents or employees cause in any way contribute to such failure. If such failure occurs with respect to a portion of the Premises, the Commencement Date, Rent and Tenant’s 's other obligations shall be so postponed with respect to such portion (and fairly prorated based on the rentable square footage involved). If the Commencement Date is postponed pursuant to the foregoing provisions for a ninety (90) day initial grace period, Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) days thereafter, subject to Landlord’s 's right to cure as provided in Article 21. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s 's sole recourse with respect thereto shall be the postponement of Rent and other obligations and right to terminate this Lease described herein,.

Commencement Delays. Subject to Article 4, the The Commencement Date, Rent and Tenant’s other obligations shall be postponed to the extent Tenant is not reasonably able unable to occupy the Premises because Landlord fails, by the Commencement Date set forth in Article I, to: (i) deliver possession of the Premises, and (ii) to substantially complete any improvements to the Premises required to be performed by Landlord under this Lease, or (ii) to deliver possession of the Premises for any other reason, including holding over by prior occupants, except to the extent that Tenant, its space planners, architects, contractors, agents or employees cause in any way contribute to either such failurefailures. If either such failure event occurs with respect to a portion of the Premises, the Commencement Date, Rent and Tenant’s other obligations shall be so postponed with respect to such portion (and fairly prorated based on the rentable square footage involved). If the Commencement Date is postponed pursuant to the foregoing provisions Landlord so fails for a ninety (90) day initial grace period, Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) days thereafter, subject to Landlord’s right to cure as provided in Article 21. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s sole recourse with respect thereto shall be the postponement of Rent and other obligations and right to terminate this Lease described herein,.

Commencement Delays. Subject to Article 4, the The Commencement Date, Date and Rent and Tenant’s 's other obligations relating thereto shall be postponed to the extent Tenant is not reasonably able to occupy the Premises for the operation and conduct of business because Landlord fails, by the Commencement Date set forth in Article I, 1 to: (i) deliver possession of the Premises, Premises and (ii) substantially complete any the improvements to the Premises required to be performed by Landlord under Exhibit C to this Lease, except to the extent that Tenant, its space planners, architects, contractors, agents or employees cause in any way contribute to such failure. The substantial completion referred to in subsection (ii) above, Section 4B of the Lease and in Exhibit C shall be deemed to have occurred when evidenced by the city of Durham inspector's issuance of a temporary certificate of occupancy and a certificate of substantial completion issued by the Architect (as defined in Exhibit C). If such failure occurs with respect to a portion of the Premises, the Commencement Date, Rent and Tenant’s 's other obligations shall be so postponed with respect to such portion (and fairly prorated based on the rentable square footage involved). If the Commencement Date is postponed pursuant to the foregoing provisions for a ninety (90) day initial grace period, Tenant shall have the right to terminate this Lease by notice to Landlord given within ten (10) days thereafter, subject to Landlord’s 's right to cure as provided in Article 21. Any such delay in the Commencement Date shall not subject Landlord to liability for loss or damage resulting therefrom, and Tenant’s 's sole recourse with respect thereto shall be the postponement of Rent and other obligations and right to terminate this Lease described herein,.