Common use of DELAY IN POSSESSION Clause in Contracts

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available ready for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) abovedefined below, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction in-action by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant Xxxxxx (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for TenantXxxxxx's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot Landlord shall be unable to deliver possession of the Demised Premises to Tenant on the date specified for commencement of the term hereof because of the holding over or before retention of possession of any tenant or occupant, or if repairs improvements or decoration of the Estimated Commencement DateDemised Premises are not completed, this Lease or for any repairs, improvements or decoration of the Demised Premises are not completed, or for any other reason. Landlord shall not be void or voidable nor shall Landlord be liable subject to any liability to Tenant Under such circumstances, the rent reserved and covenanted to be paid herein shall not commence until possession of Demised Premises is given or until Landlord shall give written notice to Tenant that the Demised Premises are available for occupancy by Tenant, whichever shall first occur, and no such failure to give possession shall in any resulting loss other respect affect the validity of this Lease or damageany obligation to extend the term of this Lease. HoweverNotwithstanding the foregoing, if Landlord fails to deliver possession to Tenant by August 1, 1995, Tenant shall not be liable receive one day of free rent for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are each day after August 1, 1995, that Tenant is delayed in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)obtaining possession.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above’s occupancy, except that if Landlord's ’s failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease)Tenant, then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's ’s delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement DateDate as set forth in Item 4 of the Basic Lease Provisions ("ESTIMATED COMMENCEMENT DATE"), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers tenders possession of the Premises and the Premises are in fact available for Tenant's occupancy accordance with any Tenant Improvements that have been approved as per Section 3.1(a3.1(b) above, except that if Landlord's failure to Landlord cannot so deliver tender possession of the Premises on or before the Estimated Commencement Date is attributable due to any action or inaction by of Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced deemed to the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any.

DELAY IN POSSESSION. If Landlord, for any reason whatsoevernot within its reasonable control, cannot deliver is delayed in delivering possession of the Premises to Tenant on or before beyond the Estimated Commencement Date, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However; provided, however, that Tenant shall not be liable for any rent Monthly Rental (defined below) hereunder, and the Commencement Date shall not occur be deemed to have occurred, until Landlord delivers possession of the Premises and with the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) aboveTI Work substantially completed. Notwithstanding the foregoing, except that if Landlord's ’s failure to so deliver possession of the Premises to Tenant on or before the Estimated Commencement Date specified in Item 4 of the Basic Lease Provisions is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease(defined below), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rentMonthly Rental) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(sthe Tenant Delay(s).. As used herein, the term “

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) aboveoccupancy, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease)Tenant, then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord shall use good faith efforts to make the Premises ready for occupancy (as defined below) on or before the Estimated Commencement Date. However, if Landlord, for any reason whatsoever, cannot deliver possession of the Premises ready for occupancy to Tenant on or before the Estimated Commencement Date, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers tenders possession of the Premises and the Premises are in fact available ready for Tenant's occupancy with any Tenant Improvements that have been approved (as per Section 3.1(a) abovedefined below), except that if Landlord's failure to so deliver tender possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any tenant improvement construction change orders requested by Tenant Delay described in or Tenant's failure to supply any information required from Tenant or the Work Letterfurnishing by Tenant of inaccurate or erroneous estimates, if anyspecifications, attached to this Leasedates or other information), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, Letter attached to w this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant with the Tenant Improvements Substantially Completed on or before the Estimated Anticipated Commencement DateDate or any other date for any reason, this Lease Landlord shall not be void subject to any liability therefor, and such failure shall not affect the validity of this Lease or voidable nor shall Landlord be liable to the obligations of Tenant for any resulting loss or damage. Howeverhereunder, but in such case, Tenant shall not be liable for any rent and the Commencement Date shall not occur obligated to pay Monthly Rent or Additional Rent other than as provided in Section 3.5 until Landlord delivers possession of the Premises and has been delivered to Tenant with the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on Substantially Completed (which date shall then be deemed the Estimated “Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to Date” for all purposes under this Lease). Tenant understands that, then the Commencement Date shall not be advanced notwithstanding anything to the date on which contrary contained herein, Landlord shall have no obligation to deliver possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able for so long as Tenant fails to deliver to Landlord any amounts then payable under this Lease and executed copies of policies of insurance or certificates thereof as required under Section 11.8 and the Premises to Tenant but for Tenant's delay(s).Insurance Rider attached hereto as Exhibit F.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement DateDate set forth in Item 4 of the Basic Lease Provisions, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and or for the Commencement Date shall not occur performance of any other obligations until Landlord delivers possession of the Premises and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the Premises are in fact available date of delivery of possession and continue for Tenant's occupancy with a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any Tenant Improvements that have been approved as per Section 3.1(a) abovedays of delay caused by the acts or omissions of Lessee, except that if Landlord's ’s failure to so deliver possession on the Estimated Commencement Date substantially complete Landlord’s Work is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease)Tenant, then the Commencement Date Landlord’s Work shall not be advanced to the date on which possession of the Premises is tendered to Tenantdeemed substantially complete, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from ), as of the date Landlord would have been able to substantially complete Landlord’s Work and deliver the Premises to Tenant but for Tenant's ’s delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement DateDate set forth in Item 4 of the Basic Lease Provisions or within the 120 day period after approval of final construction drawings as anticipated after Landlord’s receipt of an Acceleration Notice from Tenant, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and until the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are occurs as provided in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) 3.1 above, except that if Landlord's ’s failure to so deliver possession on the Estimated Commencement Date substantially complete all work required of Landlord pursuant to Section 3.1(a) above is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, Letter attached to this Lease), then the Commencement Date Premises shall not be advanced to the date on which possession of the Premises is tendered to Tenantdeemed ready for occupancy, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from ), as of the date Landlord would have been able to substantially complete such work and deliver the Premises to Tenant but for Tenant's ’s delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, Landlord cannot deliver possession of the Premises to Tenant on or before the Estimated scheduled Commencement DateDate specified in Section 1.3, this Lease Landlord shall not be void or voidable subject to any liability therefor, nor shall Landlord be liable in default hereunder nor shall such failure affect the validity of this Lease, and Tenant agrees to Tenant for any resulting loss or damage. Howeveraccept possession of the Premises at such time as Landlord is able to deliver the same, which date shall then be deemed the Commencement Date and the Expiration Date will be the last day of the Term based on the actual Commencement Date; provided that Tenant shall not be liable for any rent and Rent for any period prior to the Commencement Date except as otherwise provided. Upon Landlord’s request, Tenant shall execute and return to Landlord, within 5 days after receipt thereof by Tenant, a Commencement Date Certificate in the form of Exhibit B, but Tenant’s failure or refusal to do so shall not occur until Landlord delivers possession negate Tenant’s acceptance of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then affect determination of the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)Date.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease)Tenant, then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on prior or before subsequent to the Estimated Commencement Date as set forth in Item 5 of the Basic Lease Provisions (“Commencement Date”), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and until the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are occurs as provided in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) 3.1 above, except that if Landlord's failure to so deliver Landlord cannot tender possession on of the Estimated Commencement Date is attributable Premises in accordance with the provisions of Section 3.1 above due to any action or inaction by of Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced deemed to the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver so tender possession of the Premises to Tenant but for Tenant's delay(s)action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, Letter attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, Letter attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).to

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced delayed to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement DateDate set forth in Item 4 of the Basic Lease Provisions, this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and or for the Commencement Date shall not occur performance of any other obligations until Landlord delivers possession of the Premises and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the Premises are in fact available date of delivery of possession and continue for Tenant's occupancy with a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any Tenant Improvements that have been approved as per Section 3.1(a) abovedays of delay caused by the acts or omissions of Lessee, except that if Landlord's Xxxxxxxx’s failure to so deliver possession on the Estimated Commencement Date substantially complete Landlord’s Work is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease)Xxxxxx, then the Commencement Date Xxxxxxxx’s Work shall not be advanced to the date on which possession of the Premises is tendered to Tenantdeemed substantially complete, and Landlord shall be entitled to full performance by Tenant Xxxxxx (including the payment of rent) from ), as of the date Landlord would have been able to substantially complete Landlord’s Work and deliver the Premises to Tenant but for Tenant's ’s delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) aboveoccupancy, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease)Tenant, then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and the Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s). Tenant shall have the right to terminate this Lease by written notice to Landlord if Landlord has not tendered possession of the Premises to Tenant on or before December 15, 1999.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on or before the Estimated Commencement Date as set forth in Item 4 of the Basic Lease Provisions ("Estimated Commencement Date"), this Lease shall not be void or voidable nor shall Landlord be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers tenders possession of the Premises and the Premises are in fact available for Tenant's occupancy accordance with any Tenant Improvements that have been approved as per Section 3.1(a3.1(b) above, except that if Landlord's failure to Landlord cannot so deliver tender possession of the Premises on or before the Estimated Commencement Date is attributable due to any action or inaction by of Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced deemed to the date on which possession of the Premises is tendered to Tenant, have occurred and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)action or inaction, including without limitation any Tenant Delay described in the attached Work Letter, if any.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, cannot Landlord shall be unable to deliver possession of the Demised Premises to Tenant on the date Landlord anticipated to be the Rental Commencement Date hereof because the Building has not been sufficiently renovated to make the Demised Premises ready for occupancy, or before because a certificate of occupancy has not been procured or because of the Estimated Commencement Dateholding over or retention of possession of any tenant or occupant, this Lease or if repairs, improvements or decoration of the Demised Premises, or of the Building are not completed, or for any other reason, Landlord shall not be void or voidable nor shall Landlord subject to any liability to Tenant. Under such circumstances, the rent reserved and covenanted to be liable to Tenant for any resulting loss or damage. However, Tenant paid herein shall not be liable for any rent and the Commencement Date shall not occur commence until Landlord delivers possession of Demised Premises is given or the Premises and the Demised Premises are in fact available for occupancy by Tenant's occupancy , in accordance with any Tenant Improvements that have been approved as per Section 3.1(a) abovethe requirements of the Lease, except that if Landlord's and no such failure to so deliver give possession on shall in any other respect affect the Estimated Commencement Date is attributable to validity of this Lease or any action or inaction by obligation of the Tenant hereunder (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced except as to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment accrual of rent) from ), nor shall same be construed to extend the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s)term of this Lease.

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a3.l(a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including including, without limitation limitation, any Tenant Delay described in the Work Letter, if any, Letter attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's ’s occupancy with any Tenant Improvements that have been approved as per Section 3.1(a) above, except that if Landlord's ’s failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's ’s delay(s).

DELAY IN POSSESSION. If Landlord, for any reason whatsoever, 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 be liable to Tenant for any resulting loss or damage. However, Tenant shall not be liable for any rent and the Commencement Date shall not occur until Landlord delivers possession of the Premises and the Premises are in fact available for Tenant's occupancy with any Tenant Improvements that have been approved as per Section 3.1(a3.1 (a) above, except that if Landlord's failure to so deliver possession on the Estimated Commencement Date is attributable to any action or inaction by Tenant (including without limitation any Tenant Delay described in the Work Letter, if any, Letter attached to this Lease), then the Commencement Date shall not be advanced to the date on which possession of the Premises is tendered to Tenant, and Landlord shall be entitled to full performance by Tenant (including the payment of rent) from the date Landlord would have been able to deliver the Premises to Tenant but for Tenant's Tenants delay(s).