Delivery of Space. After Tenant exercises an Expansion Option, Landlord shall cooperate in establishing a schedule for delivery of such Expansion Space to Tenant. The delivery of the Expansion Space shall occur not prior to two (2) months and not after four (4) months following the Effective Date set forth Paragraph 7.02 above for such Expansion Option. If Landlord and Tenant cannot agree upon a scheduled delivery date for any increment of Expansion Space, then the Landlord shall deliver to Tenant the Expansion Space and Tenant shall accept such Expansion Space, so long as it is in the condition specified in Paragraph 7.05 below, on the 30th day following the Effective Date for such Expansion Option.
Delivery of Space. On the Surrender Date, Tenant shall deliver to Landlord vacant possession of the 225 Premises, free and clear of all tenancies, broom clean and otherwise in the condition required by the Lease for delivery to Landlord at the end of the Term. Upon possession of the 225 Premises by the New Tenant (as defined below) Tenant shall be deemed to be in compliance with the foregoing sentence. Notwithstanding the foregoing Landlord acknowledges that Tenant has advised Landlord that Tenant has entered into an agreement (the “PA Agreement”) with the Port Authority of New York and New Jersey, the new tenant of the 225 Premises (the “New Tenant”), to purchase certain installations, equipment and furniture owned by Tenant (“PA Agreement Items”) and located in the 225 Premises. Provided that Tenant furnishes Landlord with a true and correct copy of the PA Agreement, Tenant shall be permitted to leave in the 225 Premises those items being purchased pursuant to the PA Agreement.
Delivery of Space. Landlord shall deliver the Initial Premises and any Expansion Space to Tenant in its "as is" condition and shall not be obligated to perform any demolition or improvements.
Delivery of Space. Unless the Additional Space has been subleased by Tenant to Hugh McNiven & Co. ("McNiven") as xxxxxxxxxxxd pursuant to Section 5 hereof, Landlord shall deliver possession of the Additional Space to Tenant on January 1, 1995 in "broom-clean" condition, with the office area repainted and with all plumbing, electrical, HVAC and other equipment, fixtures and systems serving the Additional Space in good working order. In the event that Landlord is delayed in so delivering possession of the Additional Space to Tenant due to any failure by McNiven to vacate the Additional Space at the end of the term of its lease therefor, Landlord shall not be liable for any damages incurred by Tenant as a result thereof provided that Landlord is making a diligent effort to cause McNiven to vacate the Additional Space. In the event of any such delay, the provisions of Section 2 hereof shall not take effect until Landlord has delivered possession of the Additional Space to Tenant in accordance with the requirements of this Section 4 and if Landlord has failed to so deliver possession to Tenant by April 1, 1995, Tenant shall have the right at any time thereafter (but prior to the delivery by Landlord to Tenant of possession of the Additional Space, as aforesaid) to terminate this Third Amendment by delivery of written notice thereof to Landlord. In the event of any such termination, neither Landlord nor Tenant shall have any further rights, obligations or liabilities under or pursuant to this Third Amendment, but the Lease shall, nevertheless, be and remain in full force and effect.
Delivery of Space. Landlord shall deliver the applicable Expansion Space to Tenant on the applicable Expansion Date. If Landlord shall be unable to deliver possession of the Expansion Space or applicable portion thereof on the applicable Expansion Date for any reason beyond Landlord’s reasonable control, such as holdover by a prior tenant thereof, Landlord shall not be subject to any liability, nor shall the validity of this Lease or the obligations of Tenant hereunder be thereby affected. In such event, rent with respect to the Expansion Space or applicable portion thereof shall be abated until the occurrence of the Expansion Commencement Date after Landlord legally delivers the same to Tenant, as Tenant’s sole recourse. In the event that the Expansion Premises are not delivered to Tenant within one hundred twenty (120) days after the Expansion Date, Tenant shall thereafter have the right to revoke its exercise of the Expansion Option with respect to such space, upon written notice to Landlord delivered prior to the date on which delivery of the Expansion Premises occurs.
Delivery of Space. Landlord’s failure to deliver, or delay in delivering, all or any part of a First Offer Space for any reason beyond Landlord’s reasonable control (including continued occupancy of any such space by occupant thereof) shall not give rise to any liability of Landlord, shall not alter Tenant’s obligation to accept such space when delivered, shall not constitute a default of Landlord, and shall not affect the validity of the Lease; provided, however, that Landlord shall use commercially reasonable efforts, including the prosecution of eviction proceedings, to terminate the continued occupancy of the First Offer Space by an occupant thereof holding over beyond the end of its term; and Tenant shall have no lease obligations to Landlord with respect to such First Offer Space pursuant to the written lease thereof unless and until possession of such First Offer Space is delivered exclusively to Tenant. If such First Offer Space is not so delivered to Tenant within one hundred twenty (120) days following the proposed commencement date of the lease of said First Offer Space, and provided that Tenant delivers written notice to Landlord, following such 120th day, of its intent to terminate the lease of said First Offer Space (a “Termination Notice”), Landlord shall have ten (10) days following Landlord’s receipt of such Termination Notice to deliver such First Offer Space and, upon such delivery, any Termination Notice delivered by Tenant shall be null and void and without recourse to either party hereto.
Delivery of Space. If Tenant shall exercise the Option Expansion, Landlord does not guarantee that the Option Expansion Space will be available on the Expansion Date for the lease thereof for any reason beyond Landlord's reasonable control, including but not limited to hold over by existing tenants thereof. In such event, Rent with respect to the Option Expansion Space shall be abated until Landlord legally delivers the same to Tenant, as Tenant's sole recourse. Tenant's exercise of the Option Expansion shall not operate to cure any default by Tenant of any of the terms or provisions in the Lease, nor to extinguish or impair any rights or remedies of Landlord arising by virtue of such default. The Option Expansion shall, at Landlord's election, be null and void, if Tenant has received a notice of default which has not been cured within the time period provided therefor under the Lease on the date Tenant exercises its rights hereunder or on the Expansion Date. If the Lease or Tenant's right to possession of the Premises shall terminate in any manner whatsoever before Tenant shall exercise the Option Expansion, then immediately upon such termination the right to lease the Option Expansion Space herein granted shall simultaneously terminate and become null and void. Such right is personal to Tenant. Under no circumstances whatsoever shall a sublessee, or an assignee of less than the entire Lease or an assignee for a period which is less than the entire Term, have any right to exercise the Option Expansion granted herein. Tenant agrees that time in giving notices hereunder is of the essence of this provision.
Delivery of Space. In the event the Marina is not able, for any reason, to deliver the space to the Boat Owner on the date called for by this agreement, a comparable space will be provided and, in the event, that a comparable space is not available, the rent shall be abated on a pro rate basis until the space is made available for occupancy.
Delivery of Space. 8 1.5 Common Areas. ................................................ 8
Delivery of Space. Subject to Landlord's obligations to deliver the Expansion Space and ROFO Space described in Exhibits E and F to Tenant with Landlord's Work therein substantially completed and to provide the applicable Tenant Improvement Allowances, Landlord shall deliver any Expansion Space and ROFO Space to Tenant in its "as is" condition and shall not be obligated to perform any demolition.
