Delayed Occupancy Clause Samples
The Delayed Occupancy clause defines the terms and conditions that apply when the buyer is unable to take possession of a property on the originally agreed-upon date. Typically, this clause outlines the procedures for notifying the other party of the delay, any compensation or remedies available to the affected party, and the revised timeline for occupancy. Its core practical function is to manage expectations and responsibilities in the event of a delay, thereby reducing disputes and providing a clear process for both parties to follow.
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Delayed Occupancy. (a) Landlord and Tenant will use reasonable efforts to work jointly to ensure that the Landlord’s Improvements and Tenant’s Improvements are completed in the most efficient and expeditious manner.
(b) Landlord will endeavour to have the Building sufficiently constructed by June 9, 1997 so that it is sufficiently watertight and complete to permit commencement of construction of tenant improvement architectural trade installations and finishes and to allow a continuity of construction from then on. If the Building is not in such condition by June 9, 1997, then anything to the contrary In this Lease notwithstanding, the Commencement Date will be delayed one day for each day after June 9, 1997 until Landlord achieves such condition. This subsection (b) supersedes Section 10.1(c) of the Offer to Lease which shall hereafter be of no force or effect.
(c) if, after Landlord’s construction of the Building to the condition referred to in subsection (b) above and before the Commencement Date, Landlord’s construction of Landlord’s improvements is delayed by force majeure as described in paragraph 13.1 herein, as a direct result of such delay Tenant’s completion of Tenant’s Improvements is delayed beyond the Commencement Date, then anything to the contrary in this Lease notwithstanding, the Commencement Date will be delayed one day for each day that Tenant is so delayed.
Delayed Occupancy. If possession of the lease premises is not delivered to Lessees at the beginning of the term because the same are not ready for occupancy or because of the holding over of any previous occupant of said premises, Lessor shall not be liable in damages to Lessee therefore, but during the period Lessee shall be unable to occupy the leased Premises, the rental therefore shall be abated. If the Lessor is not able to deliver possession to Lessee within 15 days of the date for the commencement of said term, Lessees may cancel and terminate lease and demand return of deposits and advance rent paid.
Delayed Occupancy. In the event that Landlord is prevented from completing the alterations and improvements described in Exhibit "B" due to the failure of the prior tenant to surrender possession of the Premises to the Landlord, work stoppages, labor controversies, accidents or other causes beyond the reasonable control of Landlord, Landlord shall not be liable to Tenant for damages by reason thereof, nor shall Tenant be relieved from any obligation under this Lease, but the rental shall ▇▇▇▇▇ based on the above schedule (a pro-rated monthly installment shall be calculated on a 30 day month) until the said alterations and improvements are completed. In such event, the term of this Lease shall automatically be extended so as to include the full number of months provided for by this Lease. Landlord shall be obligated to exercise all reasonable efforts to deliver possession of the Premises on the Commencement Date. Provided Tenant has properly executed this Lease, approved the space plan, and provided all required information to Landlord and appropriate governing bodies pertaining to its use of the Premises in a timely fashion, Tenant shall have the option to terminate the Lease if Landlord cannot deliver possession by January 1, 2000. Landlord shall be obligated to reimburse Tenant for any additional expenses incurred (such as the amount of a holdover penalty at Tenant's current location) due to the delay in delivery of possession beyond January 1, 2000, except in situations beyond Landlord's control.
Delayed Occupancy. If Landlord fails to tender possession of the Premises to Tenant according to Paragraph 2 above on or before the Scheduled Commencement Date, Landlord will not be in default or liable in damages to Tenant, nor will the obligations of Tenant be affected, provided, however, that:
(a) The Commencement Date will be extended automatically by one day for each day of the period after the Scheduled Commencement Date to the day on which Landlord tenders possession of the Premises to Tenant in accordance with Paragraph 2 above, less any portion of that period attributable to Tenant's delay as more particularly described in Paragraph 15, and
(b) if Landlord does not tender possession of the Premises to Tenant in accordance with Paragraph 2 above on or before June 1, 2001 (as extended by any period of delay caused by Tenant's delay as described in Paragraph 15 below), Tenant will have the right to terminate the Lease by delivering written notice of termination to Landlord not more than 30 days after such tender deadline date. Upon a termination of this Lease under this subparagraph (b), each party will, upon the other's request, execute and deliver an agreement in recordable form containing, a release and surrender of all right, title and interest in and to the Lease; neither Landlord nor Tenant will have any further obligations to each other, including, without limitation, any obligations to pay for work previously performed in the Premises; all improvements to the Premises will become and remain the property of Landlord, and Landlord will refund to Tenant any sums paid to Landlord by Tenant in connection with the Lease, including,, without limitation, any payments to Landlord of construction costs for the Premises. Such postponement of the commencement of the Term and such termination and refund right will be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord's failure to substantially complete its obligations under this Work Letter by the Scheduled Commencement Date.
Delayed Occupancy. The Seller shall not be liable to the Buyer for any damages or costs incurred as a result of a delay in occupancy of the Property for up to 90 days from the date of Seller’s Closing on the Property, so long as such delay was not the direct result of any intentional act or inaction of the Seller. During such delay, the Buyer shall not be responsible for the payment of any additional Monthly Payments, but payments shall promptly resume when the delay has been cleared and the Buyer informed of its ability to occupy the Property. Should occupancy of the Property be delayed for 91 days or longer, the Buyer may opt to terminate this Contract by delivering written notice to Seller, but Seller shall not be liable to the Buyer for any refunds, damages, or other expenses associated with the delay or this Contract.
Delayed Occupancy. In the event that Landlord is prevented from completing the alterations and improvements described in Exhibit “B” due to the failure of the prior tenant to surrender possession of the Premises to the Landlord, work stoppages, labor controversies, accidents or other causes beyond the reasonable control of Landlord, Landlord shall not be liable to Tenant for damages by reason thereof, nor shall Tenant be relieved from any obligation under this Lease, but the rental shall ▇▇▇▇▇ based on the above schedule (a pro-rated monthly installment shall be calculated on a 30 day month) until the said alterations and improvements are completed. In such event, the term of this Lease shall automatically be extended so as to include the full number of months provided for by this Lease.
Delayed Occupancy. If the UG does not tender possession of the Grocery Store to Manager according to Paragraph 2 above on or before the Outside Completion Date (plus any period of delay caused by Manager's delays as described in Paragraph 12 below or due to Force Majeure), the UG will not be in default or liable in damages to Manager, nor will the obligations of Manager be affected.
Delayed Occupancy. If possession of the leased premises is not delivered to tenant at the beginning of the above-specified term because a prior tenant has refused to timely vacate the leased premises, or otherwise uninhabitable due to necessary major repairs. The Owner shall not be liable for any damages to tenant for failure to deliver possession. However, tenant shall not be liable to Owner for any rent during the period tenant is unable to occupy the leased premises. If Owner is not able to deliver possession to tenant within thirty (30) days of the above dated named for commencement of the rental period, tenant, at his or her option may cancel and terminate the Lease by giving Owner written notice of termination.
Delayed Occupancy. 3.3.1 If Landlord shall be unable to give possession of the Premises to Tenant on the Commencement Date by reason of the fact that the Premises are not ready for occupancy, or by reason of the failure of a prior tenant or occupant thereof to vacate the Premises or deliver possession of the Premises to Landlord, or for any other reason, Landlord shall not be subjected to any damages or other liability, or be deemed in default under this Lease, for the failure to give possession of the Premises on such date. No such failure to give possession of the Premises on any specific date shall affect the validity of this Lease or the obligations of Tenant hereunder or be deemed to extend the Term, but the Rent Commencement Date shall be postponed one (1) day for each day after the Commencement Date that possession of the Premises is not delivered to Tenant; provided, however, that if such failure to give possession has been caused by any act or omission of Tenant, there shall be no corresponding abatement of Rent or postponement of the Rent Commencement Date. Subject to the foregoing, Landlord shall not be subject to any liability for any delay in completing any repairs, improvements or decorations expressly required to be made to the Premises by Landlord.
3.3.2 Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to Section 223-a of the Real Property Law of the State of New York or any other law of like import now or hereafter in force, and the provisions of this Section 3.3 are intended to constitute an “express provision to the contrary” within the meaning of such Section of the Real Property Law of the State of New York.
Delayed Occupancy. In light of the minimal nature of the work to be completed by Landlord pursuant to Paragraph 4 of the Addendum, Landlord shall substantially complete Landlord’s Work and deliver the Premises to Tenant on or before the Commencement Date specified in the Basic Lease Provisions (Paragraph 1.2, "Section 3"). However, this Lease shall not be void or voidable, nor shall Landlord or its agents or contractors have any liability to Tenant, by reason of Landlord's failure to substantially complete Landlord's Work by the Commencement Date specified in the Basic Lease Provisions, and postponement of Tenant's rental obligation (and the rent abatement period accordingly) prior to delivery of possession of the Premises shall be Tenant's exclusive remedy and in sole satisfaction of all claims Tenant might otherwise have by reason of Landlords failure to deliver the Premises by the specified Commencement Date so long as the Premises are delivered to Tenant, with Landlord’s Work substantially complete, within five (5) business days of the Commencement Date specified in the Basic Lease Provisions.