Common use of Delayed Occupancy Clause in Contracts

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. In the event that 3.3.1 If Landlord is prevented from completing the alterations and improvements described in Exhibit "B" due shall be unable to the failure of the prior tenant to surrender give possession of the Premises to Tenant on any specific date by reason of the failure of a prior tenant or occupant thereof to vacate the Premises or deliver possession of the Premises to Landlord, work stoppages, labor controversies, accidents or for any other causes beyond the reasonable control of Landlordreason, Landlord shall not be liable subjected to Tenant for any damages by reason thereofor other liability, nor shall Tenant or be relieved from any obligation deemed in default under this Lease, but for 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 failure to include the full number of months provided for by this Lease. Landlord shall be obligated to exercise all reasonable efforts to deliver 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 payable under this Lease shall not commence until the Commencement Date. Provided Tenant , provided that this Lease shall then be in full force and effect and an Event of Default shall not have occurred and be continuing, except that if such failure to give possession has properly executed this Leasebeen caused by any act or omission of Tenant, approved the space plan, and provided all required information to Landlord and appropriate governing bodies pertaining to its use there shall be no abatement or postponement of the Premises in a timely fashion, Tenant shall have the option to terminate the Lease if Landlord cannot deliver possession by January 1, 2000Rent. Landlord shall not be obligated subject to reimburse Tenant any liability for any additional expenses incurred (such as the amount of a holdover penalty at Tenant's current location) due delay in completing any repairs, improvements or decorations expressly required to be made to the delay 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 pursuant to any other law of like import now or hereafter in delivery of possession beyond January 1, 2000, except in situations beyond Landlord's controlforce.