Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord's agents, advisors, employees, partners, shareholders, directors, invitees or independent contractors (collectively, "LANDLORD'S AGENTS"), be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The Expiration Date shall be extended by the same number of days that Tenant's possession of the Premises was delayed beyond the Estimated Commencement Date.
Delay in Delivering Possession. This lease agreement shall not be rendered void or voidable by the inability of lessor to deliver possession to lessee on the date set forth in Section Two. Lessor shall not be liable to lessee for any loss or damage suffered by reason of such a delay; provided, however, that lessor does deliver possession no later than January 1, 2008. In the event of a delay in delivering possession, the rent for the period of such delay will be deducted from the total rent due under this lease agreement. No extension of this lease agreement shall result from a delay in delivering possession. SECTION EIGHT
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord's agents, advisors, employees, partners, shareholders, directors, invitees, independent contractors or Landlord's Investment Advisors (as hereinafter defined) (collectively, "LANDLORD'S AGENTS"), be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The Expiration Date shall be extended by the same number of days that Tenant's possession of the Premises was delayed beyond the Estimated Commencement Date.
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant at the commencement of the Term, this Lease shall not be void or voidable, nor shall Landlord, or Landlord's agents, be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The expiration date of the Term shall be extended by the same number of days that Tenant's possession of the Premises was delayed.
Delay in Delivering Possession. If for any reason whatsoever, Delivery of the Premises does not occur on or before the Estimated Commencement Date, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s agents, advisors, employees, partners, shareholders, directors, invitees, independent or contractors (as hereinafter defined) (collectively, “Landlord’s Agents”), be liable to Tenant for any loss or damage resulting there from. Tenant shall not be liable for Rent until Delivery of the Premises to Tenant in compliance with Landlord’s delivery obligations, except as otherwise set forth in Exhibit B hereto (the “Work Letter”) and except to the extent that Tenant otherwise causes delays in Delivery as set forth in Section 4.2 of the Work Letter, provided that Landlord has delivered written notice of such asserted delays within five (5) business days of the occurrence of same (“Tenant Delay Days”). The Expiration Date shall be extended by the same number of days that Delivery of the Premises was delayed beyond the Estimated Commencement Date. Notwithstanding the foregoing, Tenant shall receive a credit toward Base Rent in the amount of two (2) times the daily Base Rent due, for each day that Landlord’s Delivery of the Premises in compliance with this Lease is delayed beyond the Estimated Commencement Date (excluding any Tenant Delay Days), which credit shall be applied beginning on the actual Commencement Date and thereafter until fully exhausted. Landlord acknowledges that Tenant will incur substantial damages in an amount which will be difficult to ascertain if Delivery of the Premises does not occur by the Estimated Commencement Date, and that the per diem Base Rent credit contemplated by this subparagraph represents a reasonable estimate of such damages, and will not constitute a penalty. In the event Landlord’s Delivery of the Premises in compliance with this Lease is delayed beyond the Estimated Commencement Date by more than one (1) year (excluding any Tenant Delay Days), Tenant may terminate this Lease upon written notice to Landlord.
Delay in Delivering Possession. This lease agreement shall not be rendered void or voidable by the inability of Landlord to deliver possession to Tenant on the date set forth in Section 3. Landlord shall not be liable to Tenant for any loss or damage suffered by reason of such a delay; provided, however, that Landlord does deliver possession no later than [DATE]. In the event of a delay in delivering possession, the rent for the period of such delay will be deducted from the total rent due under this lease agreement. No extension of this lease agreement shall result from a delay in delivering possession.
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant within five (5) business days after the full execution of this Lease by the parties hereto and the satisfaction of Landlord’s customary premises delivery conditions (such as the receipt by Landlord of the original Letter of Credit and the furnishing by Tenant of certificates of insurance required hereunder) (the date on which such conditions have been satisfied being herein referred to as the “Available Delivery Date”), Tenant shall have the right to terminate this Lease by written notice to Landlord on or before the earlier of (i) the tenth (10th) business day after the Available Delivery Date, and (ii) the date Landlord delivers possession of the Premises to Tenant. If Tenant fails to deliver such written notice to Landlord on a timely basis as provided herein, then Tenant shall have no further right to terminate this Lease under this Paragraph 8(b). The aforesaid right of termination shall be the sole remedy available to Tenant as a result of Landlord’s failure to deliver the Premises to Tenant on a timely basis as provided in this Paragraph 8(b), provided that Landlord uses commercially reasonable efforts to deliver possession to Tenant as soon as reasonably practicable following the Available Delivery Date. The date on which Landlord actually delivers possession of the Premises to Tenant shall be herein referred to as the “Delivery Date.”
Delay in Delivering Possession. If for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable except as expressly provided in Paragraph 3 above, and neither Landlord nor Landlord’s agents, advisors, employees, partners, members, shareholders, directors, invitees, independent contractors (collectively, the “Landlord Parties”), shall be liable to Tenant for any loss or damage resulting therefrom. Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant. The Expiration Date shall be extended by the same number of days that Tenant’s possession of the Premises was delayed beyond the Estimated Commencement Date.
Delay in Delivering Possession. If there is a holding over or retention of possession of the Premises, or any portion thereof, by any prior tenant or occupant, or if Landlord shall otherwise be unable to deliver possession of the Premises due to causes beyond its reasonable control, then Landlord shall not be subject to any liability for the failure or delay in giving possession; but Annual Fixed Rent, additional rent and any other charges or amounts payable hereunder by Tenant shall be entirely abated until the same is delivered to Tenant or until Tenant occupies all or any part of the Premises (in which case Tenant shall be subject to all obligations with respect to the portion of either the 300 Level or the East Wing so occupied, or both if any part of both is so delivered or occupied). No such failure to give possession shall in any other respect affect the validity of this Lease (including the date on which the Term ends) or any other of the obligations of Tenant; provided, however, that none of Tenant's obligations hereunder shall commence until Landlord shall deliver possession as aforesaid or Tenant shall occupy all or any part of the Premises. If Landlord shall not have delivered possession to Tenant of (and Tenant shall not have so occupied) the East Wing Space, then Tenant shall have the right, upon written notice to Landlord, to terminate this Lease upon the terms set forth in [section]1.1 under "Landlord's Work".
Delay in Delivering Possession. Landlord shall endeavor in good faith to deliver the Premises by the Estimated Initial Term Commencement Date, subject always to Section 8.4. If Landlord shall be unable to deliver possession of the Premises on the Estimated Initial Term Commencement Date stated in Section 1.1, then Landlord shall not be subject to any liability for the failure or delay in giving possession; but Tenant's obligation to pay Annual Base Rent and additional rent shall not commence until the Premises are delivered, unless Landlord's inability to deliver the Premises resulted from the action or inaction of Tenant, in which event, Tenant's obligation to pay Annual Base Rent and additional rent shall commence on the Estimated Initial Term Commencement Date. No such failure of Landlord to give possession shall in any respect affect the validity of this Lease (including the date on which the Term ends) or any of the obligations of Tenant except as provided in this Section 2.3.
