Delays in Delivery of Possession Sample Clauses

Delays in Delivery of Possession. Sublandlord shall exercise due -------------------------------- diligence to cause Sublandlord's Contractor to cause Substantial Completion of the Improvements in the Premises to occur on the Estimated Commencement Date. If, for any reasons whatsoever, Possession has not occurred by the Estimated Commencement Date, this Sublease shall not be void or voidable, nor shall Sublandlord be liable for any loss or damages suffered by Subtenant; provided however, that Rent shall be abated until the Commencement Date and, provided further, that if Possession of the Premises has not been delivered to Subtenant on or before May 1, 2000, Subtenant may, at any time thereafter but prior to the delivery of Possession, terminate the Sublease in accordance with Section 3 of the Sublease.
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Delays in Delivery of Possession. Lessor represents to the Lessee that as of the Commencement Date, the prior tenant and occupant of the premises has surrendered possession of the Premises, and its lease has been terminated; and that the prior tenant and occupant has waived all of its rights of occupancy of the Premises.
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Delays in Delivery of Possession. Lessee acknowledges that (i) the Leased Property of the Bellflower and Downey Facilities is currently occupied and operated as licensed skilled nursing facilities by Sun Healthcare Corporation or an Affiliate thereof (the "Current Operator"), pursuant to the holdover provisions of a written lease between Current Operator and Lessor which was terminated (the "Terminated Old Lease"), and (ii) Lessor's ability to tender delivery of possession of and/or Lessee's ability to obtain possession of the Leased Property of the Bellflower and Downey Facilities is conditioned upon Current Operator's surrender of the Leased Property of such Facilities and fulfillment of the conditions precedent to its obligations under a Transfer Agreement (as defined below) by and between Lessee and Current Operator, which is expected to occur upon satisfaction of the last of the conditions to the continued effectiveness of this Amendment pursuant to Section 7 below.
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Delays in Delivery of Possession. Landlord shall exercise due diligence to cause Landlord's Contractor to cause the Delivery Date to occur on the Estimated Delivery Date. If, for any reasons whatsoever (other than Tenant Delays), the Premises are not Ready for Occupancy by the Estimated Delivery Date, this Lease shall not be void or voidable, nor shall Landlord be liable for any loss or damages suffered by Tenant; provided however, that the September 1, 1999 latest Commencement Date shall be extended one day for each day after the Estimated Delivery Date that the actual Delivery Date occurs and, provided further, that if possession of the Premises has not been delivered to Tenant within five (5) months following the Estimated Delivery Date, for any reason whatsoever (other than Tenant Delays and Unavoidable Delays), either Landlord or Tenant may, at their option at any time thereafter but prior to the delivery of possession, terminate this Lease by notice to the other and Landlord and Tenant thereupon shall be released from all obligations under this Lease.
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Delays in Delivery of Possession. If Lessor, for any reason whatsoever, cannot deliver possession of the Premises to Lessee by August 1, 1986, the Lessor shall not be liable in damages to the Lessee therefor. No such delay in delivery of possession by Lessor shall change the beginning or ending dates, or the duration of, the term of this Commercial Lease.
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Delays in Delivery of Possession. If, for any reason whatsoever (other than delays caused by Tenant), the Tenant Improvements have not been substantially completed by the Commencement Date or Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable for any loss or damages suffered by Tenant, but the Base Rental and Additional Rental shall abatx xxxm the Commencement Date until Landlord delivers possession of the Premises to Tenant, and the Expiration Date shall be extended on a day to day basis for each day that Base Rental and Additional Rental is abated until the date that possession of the Premises has been delivered to Tenant; provided, however, that if possession of the Premises has not been delivered to Tenant within 6 months following the Commencement Date, for any reason whatsoever (other than delays caused by Tenant), then either Landlord or Tenant may, at their option at any time thereafter but prior to the delivery of possession, terminate this Lease by notice to the other and Landlord and Tenant thereupon shall be released from all obligations under this Lease. If the Tenant Improvements have not been substantially completed on the Commencement Date because of delays caused by Tenant (including any revisions to the Drawings and Specifications), the term of this Lease and all obligations of Tenant under this Lease shall commence on the Commencement Date and Landlord shall be deemed to have delivered possession of the Premises on the Commencement Date, and the Expiration Date shall continue to be the date set forth in Section 1.08 of the Lease. SCHEDULE 1 TO WORK LETTER Description of Base Building Improvements EXHIBIT "C" ACCEPTANCE AGREEMENT THIS AGREEMENT made as of the date set forth below between POST APARTMENT HOMES, L.P., a Georgia limited partnership (the "Landlord") and _____________________ (the "Tenant").
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Delays in Delivery of Possession. 85 ARTICLE XLVII............................................. 86 47. Additional Conditions to Continued Effectiveness of Lease............................... 86
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Delays in Delivery of Possession. Lessee acknowledges that (i) the Leased Property is currently occupied and operated as a long-term skilled nursing care facility by a subsidiary of either Vencor, Inc., Beverly Enterprises, Inc. or Hunter Care, Inc. (ox x xxxsidiary of any of the foregoing) (the "Current Operator") pursuant to the terms of a written lease between Current Operator and Lessor (the "Old Lease") and (ii) Lessor's ability to tender delivery of possession of and/or Lessee's ability to obtain possession of the Leased Property is conditioned upon Current Operator's surrender of the Leased Property, which is expected to occur upon satisfaction of the last of the conditions to the continued effectiveness of this Lease pursuant to Article XLVII below. The target Commencement Date is August 1, 1998; provided, however, that if the Commencement Date shall not have occurred on or before the target Commencement Date, this Lease shall not be void or voidable, nor shall Lessor be liable for any loss or damage resulting therefrom. Instead this Lease shall continue in full force and effect to and until occurrence of the Commencement Date, unless earlier terminated as herein provided. ARTICLE XLVII.
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Related to Delays in Delivery of Possession

  • Delivery of Possession Landlord shall be deemed to have delivered possession of the Premises to Tenant on the Commencement Date, as it may be adjusted pursuant to the Workletter. Landlord shall construct or install in the Premises the improvements to be constructed or installed by Landlord according to the Workletter. If no Workletter is attached to this Lease, it shall be deemed that Landlord delivered to Tenant possession of the Premises "as is" in its present condition on the Commencement Date. Tenant acknowledges that neither Landlord nor its agents or employees have made any representations or warranties as to the suitability or fitness of the Premises for the conduct of Tenant's business or for any other purpose, nor has Landlord or its agents or employees agreed to undertake any alterations or construct any Tenant improvements to the Premises except as expressly provided in this Lease and the Workletter. If for any reason Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease will not be void or voidable, Landlord will not be liable to Tenant for any resulting loss or damage and the Term of this Lease shall not be extended by a delayed delivery of possession. The preceding sentence notwithstanding, if Landlord fails to deliver possession to Tenant within sixty (60) days after the Commencement Date for any reason other than a Delay Caused by Tenant, as defined in the Workletter, Tenant, as its sole remedy, shall have the right to terminate this Lease and receive a refund of all prepaid Rent and Security Deposits provided Tenant gives written notice of termination to Landlord within three (3) days after that date. Tenant will execute the Commencement Date Certificate attached to this Lease as Exhibit E, appropriately completed, within fifteen (15) days of Landlord's request.

  • Tender of Possession Landlord and Tenant presently anticipate that possession of the Premises will be tendered to Tenant in the condition required by this Lease on or about February 1, 2013 or, if later, 65 days following Tenant’s execution and delivery of this Lease to Landlord, regardless of the date on which Landlord countersigns this Lease (such later date being the “Estimated Delivery Date”). If Landlord does not tender possession of the Premises with the Work Substantially Completed to Tenant by the Estimated Delivery Date, then (a) the validity of this Lease shall not be affected or impaired thereby, (b) Landlord shall not be in default hereunder or be liable for damages therefor, and (c) Tenant shall accept possession of the Premises when Landlord tenders possession thereof to Tenant. Tenant shall have early access to the Premises as provided in Section 26.2. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Prior to occupying the Premises, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming (1) the Commencement Date and the expiration date of the initial Term, (2) that Tenant has accepted the Premises, and (3) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Date shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent.

  • APPOINTMENT; DELIVERY OF DOCUMENTS (a) The Trust hereby employs the Adviser, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets in each Fund and, without limiting the generality of the foregoing, to provide other services as specified herein. The Adviser accepts this employment and agrees to render its services for the compensation set forth herein.

  • Delivery of Premises If the Landlord shall be unable to give possession of the Premises, exclusively the Suite 200 Premises and the Suite 246 Premises, on the Fourth Expansion Premises Commencement Date by reason of (i) the Landlord work is not substantially complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the failure to give possession on said date. Under such circumstances the Base Rent to be paid herein shall not commence until the Premises (exclusively the Suite 200 Premises and the Suite 246 Premises) are made available to Tenant by Landlord, and no such failure to give possession on the Fourth Expansion Premises Commencement Date shall affect the validity of this Sixth Amendment to Office Building Lease or the obligations of the Tenant hereunder. The Base Rents due hereunder will be adjusted at the time that any or all of the Fourth Expansion Premises are delivered to Tenant substantially complete to reflect the same underlying effective rent of the rent structure specific to each suite with the lease expiration dates to remain unchanged. Notwithstanding the foregoing, if the Fourth Expansion Premises Commencement Date for the Suite 200 Premises together with the Suite 246 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the Sixth Amendment to Office Building Lease without any liability to the Landlord. Separately, if the Fourth Expansion Premises Commencement Date-Suite 240 Premises has not occurred within ninety (90) days after the Fourth Expansion Premises Commencement Date-Suite 240 Premises, the Tenant, by written notice to the Landlord given within ten (10) days after the expiration of such ninety (90) day period, may terminate the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease for the Suite 240 Premises not delivered in said time frame without any liability to the Landlord. If Landlord’s failure to complete Tenant’s improvements within ninety (90) days after the Fourth Expansion Premises Commencement Date and/or Fourth Expansion Premises Commencement Date-Suite 240 Premises is result of Tenant Delay, Tenant shall not have the option to terminate the Sixth Amendment to Office Building Lease or the terms of lease for the Suite 240 Premises in the Sixth Amendment to Office Building Lease.

  • Delivery of Documents; Delivery Dates (a) The Trustee is hereby directed (i) to execute and deliver the Intercreditor Agreement, the Escrow Agreement and the NPA on or prior to the Issuance Date, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. Upon request of the Company and the satisfaction or waiver of the closing conditions specified in the Underwriting Agreement, the Trustee shall execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Underwriting Agreement evidencing the entire ownership interest in the Applicable Trust, which amount equals the maximum aggregate principal amount of Equipment Notes which may be purchased by the Trustee pursuant to the NPA. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 5.01(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust.

  • Termination of Possession Terminate Tenant’s right to possess the Premises without terminating this Lease by giving written notice thereof to Tenant, in which event Tenant shall pay to Landlord (a) all Rent and other amounts accrued hereunder to the date of termination of possession, (b) all amounts due from time to time under Section 19.1, and (c) all Rent and other net sums required hereunder to be paid by Tenant during the remainder of the Term, diminished by any net sums thereafter received by Landlord through reletting the Premises during such period, after deducting all costs incurred by Landlord in reletting the Premises. If Landlord elects to terminate Tenant’s right to possession without terminating this Lease, and to retake possession of the Premises (and Landlord shall have no duty to make such election), Landlord shall use reasonable efforts to relet the Premises as further described in Section 19.4 below. Provided Landlord substantially complies with Section 19.4, Landlord shall not be liable for, nor shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled to the excess of any consideration obtained by reletting over the Rent due hereunder. Reentry by Landlord in the Premises shall not affect Tenant’s obligations hereunder for the unexpired Term; rather, Landlord may, from time to time, bring an action against Tenant to collect amounts due by Tenant, without the necessity of Landlord’s waiting until the expiration of the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to dispossess or exclude Tenant from the Premises shall be deemed to be taken under this Section 18.2. If Landlord elects to proceed under this Section 18.2, it may at any time elect to terminate this Lease under Section 18.1;

  • Delivery of Items The Borrower will (a) promptly (but in no event later than one Business Day) after its receipt thereof, deliver to the Lender any documents or certificates of title issued with respect to any property included in the Collateral, and any promissory notes, letters of credit or instruments related to or otherwise in connection with any property included in the Collateral, which in any such case come into the possession of the Borrower, or shall cause the issuer thereof to deliver any of the same directly to the Lender, in each case with any necessary endorsements in favor of the Lender and (b) deliver to the Lender as soon as available copies of any and all press releases and other similar communications issued by the Borrower.

  • Delivery of Materials Notwithstanding anything contained in this Agreement to the contrary, if this Agreement is terminated for any reason whatsoever, then Purchaser shall promptly deliver to Seller all Property Information provided to Purchaser by Seller, including copies thereof in any form whatsoever, including electronic form. The obligations of Purchaser under this Section 11.4 shall survive any termination of this Agreement.

  • DELIVERY OF PUT NOTICES (I) Subject to the terms and conditions of the Equity Line Transaction Documents, and from time to time during the Open Period, the Company may, in its sole discretion, deliver a Put Notice to the Investor which states the dollar amount (designated in U.S. Dollars) (the "Put Amount"), which the Company intends to sell to the Investor on a Closing Date (the "Put"). The Put Notice shall be in the form attached hereto as Exhibit C and incorporated herein by reference. The amount that the Company shall be entitled to Put to the Investor (the "Put Amount") shall be equal to, at the Company's election, either: (A) Two Hundred percent (200%) of the average daily volume (U.S. market only) of the Common Stock for the Ten (10) Trading Days prior to the applicable Put Notice Date, multiplied by the average of the three (3) daily closing bid prices immediately preceding the Put Date, or (B) two hundred fifty thousand dollars ($250,000). During the Open Period, the Company shall not be entitled to submit a Put Notice until after the previous Closing has been completed. The Purchase Price for the Common Stock identified in the Put Notice shall be equal to ninety-three percent (93%) of the lowest Volume Weighted Average Price (VWAP) of the Common Stock during the Pricing Period.

  • Execution and Delivery of Receipts Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.

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