Common use of Delayed Occupancy Clause in Contracts

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. 3.3.1 If Landlord shall be unable to give possession of the Premises to Tenant within any specific period or on the Commencement Date any specific date by reason of the fact 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 datedate or within such period. No such failure to give possession of the Premises within any period or 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 payable under this Lease shall be postponed one (1) day for each day after the Commencement Date that not commence until Landlord shall have given possession of the Premises is not delivered to Tenant in the condition required under this Lease or the Premises shall be available for occupancy by 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 DateRent. Subject to the foregoing, Landlord shall not be subject to any liability for any delay in completing any work, 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 York, or pursuant to 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.