Common use of Delay in Commencement Clause in Contracts

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) , however, Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if . If possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date Data the last day of a calendar month, and (c) if . If Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if If possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety forty-five (9045) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession Landlord’s non-delivery of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor or the obligations of Tenant hereunder. However: (a) Tenant under this Lease except that the Commencement Date shall not be obligated to pay rent delayed until Landlord delivers possession of the Premises is delivered to Tenant and the Lease Term shall be extended equal to the delay in delivery of the Premises to Tenant, (b) if plus the number of days necessary to end the Lease Term on the last day of a month. If Landlord does not deliver possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate cancel this Lease by delivering giving written notice to Landlord within ten (10) days thereafterafter the thirty (30) -day period ends. If Tenant gives such notice, in which event the parties Lease shall be discharged from all canceled and neither Landlord nor Tenant shall have any further obligations hereunder.to the other. If Tenant does not give such notice, Tenant’s right to cancel the Lease shall expire and the Lease Term shall commence upon the delivery of possession of the Premises to Tenant. ICOP Digital Lease 2/16/07

Delay in Commencement. If Landlord canshall not be liable to Tenant if Landlord does not deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability thereforDate. Such non-delivery shall not affect the validity of this Lease nor the The obligations of Tenant hereunder. However: (a) Tenant under the Lease shall not thereby be obligated to pay rent affected, except that the Commencement Date shall be delayed until Landlord delivers possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of and the Lease Term shall be extended by a period equal to the total number of days that of delay in delivery of possession is so delayedof the Premises to Tenant, plus the minimum number of additional days necessary to make end the Expiration Date Lease Term on the last day of a calendar month, and (c) if . If Landlord has does not delivered deliver possession of the Premises to Tenant within ninety sixty (9060) days after the Commencement Date, Tenant may elect to terminate cancel this Lease by delivering giving written notice to Landlord within ten (1010)days after the sixty (60) days thereafterday period ends. If Tenant does not give such notice, in which event Tenant's right to cancel the parties Lease shall be discharged from all further obligations hereunderconclusively and irrevocably expire and the Lease Term shall commence upon the delivery of possession of the Premises to Tenant.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 1 .3 for any reason, Landlord shall not be subject to any liability therefor. Such non-non- delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant defined in Section 1.2 on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery nondelivery shall not affect the validity of this Lease nor or the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is defined in Section 1.2 not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises defined in Section 1.2 within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder. Landlord shall return the full deposit defined under Article 5, for any termination made pursuant to this Section 3.2.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.. 3.3

Delay in Commencement. If Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reasonsaid date, Landlord shall not be subject to any liability therefor. Such non-delivery therefore, nor shall not such failure affect the validity of this Lease nor or the obligations of Tenant hereunder. However: (a) hereunder or extend the term hereof, but in such case Tenant shall not be obligated to pay rent until possession of the Premises is delivered tendered to Tenant. If the actual term commencement date be a date other than the scheduled term commencement date, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the all dates set forth in this Lease Term Agreement shall be extended by the total number of days that possession is so delayedadjusted accordingly. However, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has shall not have delivered possession of the Premises within ninety (90) days after the Commencement Datefrom said commencement date, Tenant may elect to terminate this Lease may, at Tenant's option, by delivering written notice in writing to Landlord within ten (10) days thereafter, in which event cancel this lease. If either party cancels as herein provided, Landlord shall return any money previously deposited by Tenant and the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Notwithstanding said commencement date, if for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reasonsaid date, Landlord shall not be subject to any liability therefor. Such non-delivery thereof, nor shall not such failure affect the validity of this Lease nor or the obligations of Tenant hereunderhereunder or extend the term hereof. However: (a) In such case Tenant shall not be obligated to pay rent until possession of the Premises is delivered tendered to Tenant, (b) if possession of the Premises is . If Landlord shall not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not have delivered possession of the Premises within ninety (90) days after the Commencement Datefrom said commencement date, Tenant may elect to terminate this Lease may, at Tenant's option, by delivering written notice in writing to Landlord within ten (10) days thereafter, cancel this Lease. If Landlord shall not have delivered possession of the Premises within one (1) year from said commencement date, Landlord may, by notice in which event writing to the Tenant within ten (10) days thereafter, cancel this Lease. If either party cancels as hereinabove provided, Landlord shall return any monies previously deposited by Tenant within fifteen (15) days without payment of interest or other increment for its use, and the parties shall be discharged from all further obligations hereunderhereinbefore.

Delay in Commencement. If Landlord canshall not be liable to Tenant if Landlord does not deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability thereforDate. Such non-delivery shall not affect the validity of this Lease nor the The obligations of Tenant hereunder. However: (a) Tenant under the Lease shall not thereby be obligated to pay rent affected, except that the Commencement Date shall be delayed until Landlord delivers possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of and the Lease Term shall be extended by a period equal to the total number of days that of delay in delivery of possession is so delayedof the Premises to Tenant, plus the minimum number of additional days necessary to make end the Expiration Date Lease Term on the last day of a calendar month, and (c) if . If Landlord has does not delivered deliver possession of the Premises to Tenant within ninety sixty (9060) days after the Commencement Date, Tenant may elect to terminate cancel this Lease by delivering giving written notice to Landlord within ten (10) days thereafterafter the sixty (60) day period ends. If Tenant does not give such notice, in which event Tenant's right to cancel the parties Lease shall be discharged from all further obligations hereunderconclusively and irrevocably expire and the Lease Term shall commence upon the delivery of possession of the Premises to Tenant.

Delay in Commencement. If Landlord cannot deliver possession of the Premises Premises, to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements having been Substantially Completed (as such terms are defined in Exhibit "C") on the Commencement Date specified in Section 1.3 for any reasonreason other than Tenant Delay (as defined in Exhibit "C"), Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor the obligations of Tenant the parties hereunder. However: (a) However Tenant shall not be obligated to pay rent until the earlier of (i) possession of the Premises is delivered to Tenant, or (bii) if possession of the Premises such delivery is not delivered to delayed in whole or in part by any Tenant within thirty (30) days of the Commencement DateDelay, the last day of the Lease Term shall be extended by the total number of days that date possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) would have been delivered if no Tenant Delay had occurred. If Landlord has not delivered possession of the Premises within ninety sixty (9060) days after the Commencement DateDate (plus any days attributable to Tenant Delays), Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: However (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within thin ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder.

Delay in Commencement. If Landlord cannot Landlord, due to delay in construction of the Existing Premises or for any other reason whatsoever is unable to deliver possession of the Existing Premises to Tenant on the Commencement Date, this Lease shall remain in full force and effect, but the Commencement Date specified in Section 1.3 shall be postponed for any reason, such period of time as may be requisite until Landlord shall not be subject to any liability therefor. Such non-delivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until have delivered possession of the Existing Premises to Tenant. In such event, Landlord and Tenant shall confirm in writing the actual Commencement Date and Termination Date of this Lease. Notwithstanding the above, if Landlord shall have failed to deliver possession of the Existing Premises by April 1, 1997, Landlord, and Tenant provided Tenant is in compliance with its obligations hereunder shall have the right by written notice to the other at any time until the possession of the Existing Premises has been delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafterLease. Furthermore, in which the event that the parties Expansion shall be discharged from all further obligations hereunder.not have been delivered to the Tenant by Landlord by June 30, 1997, in addition to and not in limitation of any other remedy available at law or

Delay in Commencement. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date specified in Section 1.3 for any reason, Landlord shall not be subject to any liability therefor. Such non-delivery nondelivery shall not affect the validity of this Lease nor the obligations of Tenant hereunder. However: (a) Tenant shall not be obligated to pay rent until possession of the Premises is delivered to Tenant, (b) if possession of the Premises is not delivered to Tenant within thirty (30) days of the Commencement Date, the last day of the Lease Term shall be extended by the total number of days that possession is so delayed, plus the minimum number of additional days necessary to make the Expiration Date the last day of a calendar month, and (c) if Landlord has not delivered possession of the Premises within ninety (90) days after the Commencement Date, Tenant may elect to terminate this Lease by delivering written notice to Landlord within ten (10) days thereafter, in which event the parties shall be discharged from all further obligations hereunder, provided that Landlord shall return to Tenant any security deposit and prepaid rent paid by Tenant.