Common use of Failure to Deliver Possession Clause in Contracts

Failure to Deliver Possession. If for any reason Landlord cannot deliver possession of the Premises to Tenant on or prior to the Scheduled Date for Delivery of the Premises, then the validity of this Lease and the obligations of Tenant under this Lease shall not be affected and Tenant shall have no claim against Landlord arising out of Landlord’s failure to deliver possession of the Premises on the Scheduled Date for Delivery of the Premises. Tenant shall not, however, be obligated to pay Rent or perform any other obligation of Tenant under the terms of this Lease until Landlord delivers possession of the Premises to Tenant, and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof. If possession is not delivered to Tenant within sixty (60) days after the Scheduled Date for Delivery of the Premises, Tenant may, at its option, by notice in writing to Landlord within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, except that Landlord shall promptly return to Tenant the Letter of Credit.

Failure to Deliver Possession. If for any reason Landlord cannot deliver possession of the Premises or any part thereof to Tenant on or prior to the Scheduled Date for Delivery of the Premises, then the validity of this Lease and the obligations of Tenant under this Lease shall not be affected and Tenant shall have no claim against Landlord arising out of Landlord’s failure to deliver possession of the Premises on the Scheduled Date for Delivery of the Premises. Tenant shall not, however, be obligated to pay Rent or perform any other obligation of Tenant under In the terms of this Lease until event Landlord delivers possession of has not delivered the Premises to Tenant, and or any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof. If possession is not delivered part thereof to Tenant with the Tenant Improvement Work substantially complete within sixty ninety (6090) days after the Scheduled Date for Delivery of the Premises, and provided that said failure to deliver is not due to action or inaction by Tenant, Tenant may, at its option, shall have the right to terminate this Lease solely with respect that that part of the Premises not Delivered by notice in writing delivery to Landlord within ten of a termination notice (10the “Termination Notice”) which shall be effective ninety (90) days after receipt by Landlord, unless within such 90-day period the end of said sixty (60) day period, cancel Premises are delivered to Tenant. In the event Tenant elects to terminate this Lease, in which event Tenant must deliver the parties Termination Notice to Landlord prior to the date the Premises or the part thereof are delivered to Tenant. Upon such termination, neither party shall be discharged from all obligations hereunder, except have any further obligation or liability to the other under this Lease with respect to that Landlord shall promptly return to Tenant part of the Letter of CreditPremises.

Failure to Deliver Possession. If for any reason Landlord (other than the failure to satisfy the Conditions) Sublandlord cannot deliver possession of the Premises to Tenant on or prior Subtenant by the Commencement Date, Subtenant shall be entitled to a one (1) day delay in the Scheduled Rent Commencement Date for Delivery each one (1) day of the Premisesdelay possession; provided, then however, the validity of this Lease and the obligations of Tenant under this Lease Sublease shall not be affected and Tenant Subtenant shall have no other claim against Landlord Sublandlord arising out of LandlordSublandlord’s failure to deliver possession of the Premises on by the Scheduled Date for Delivery of Commencement Date. Notwithstanding the Premises. Tenant shall notforegoing, however, be obligated to pay Rent or perform any other obligation of Tenant under the terms of this Lease until Landlord delivers possession of the Premises to Tenant, and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof. If possession is if Sublandlord has not delivered to Tenant Subtenant the Premises within sixty thirty (6030) days after the Scheduled Date for Delivery Commencement Date, Subtenant shall have the right to terminate this Sublease by delivery to Sublandlord of a termination notice (the Premises, Tenant may, at its option, “Termination Notice”) which shall be effective immediately upon receipt by notice in writing Sublandlord. In the event Subtenant elects to Landlord within ten (10) days after the end of said sixty (60) day period, cancel terminate this Lease, in which event Subtenant must deliver the parties Termination Notice to Sublandlord prior to a date that the Premises are actually delivered to Subtenant. Upon such termination, neither party shall be discharged from all have any further obligations hereunder, except that Landlord shall promptly return or liabilities to Tenant the Letter of Creditother under this Sublease.

Failure to Deliver Possession. If for any reason Landlord cannot deliver possession of the Premises or any part thereof to Tenant on or prior to the Scheduled Date for Delivery of the Premises, then the validity of this Lease and the obligations of Tenant under this Lease shall not be affected and Tenant shall have no claim against Landlord arising out of Landlord’s failure to deliver possession of the Premises on the Scheduled Date for Delivery of the Premises. Tenant shall not, however, be obligated to pay Rent or perform any other obligation of Tenant under In the terms of this Lease until event Landlord delivers possession of has not delivered the Premises to Tenant, and or any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof. If possession is not delivered part thereof to Tenant within sixty four (604) days months after the Scheduled Date for Delivery of the Premises, and provided that said failure to deliver is not due to action or inaction by Tenant, Tenant may, at its option, shall have the right to terminate this Lease by notice in writing delivery to Landlord within ten of a termination notice (10the “Termination Notice”) which shall be effective thirty (30) days after receipt by Landlord, unless within such 30-day period the end of said sixty (60) day period, cancel Premises are delivered to Tenant. In the event Tenant elects to terminate this Lease, in which event Tenant must deliver the parties Termination Notice to Landlord prior to the date the Premises or the part thereof are delivered to Tenant. Upon such termination, neither party shall be discharged from all obligations hereunder, except that have any further obligation or liability to the other under this Lease with respect to the Premises and Landlord shall promptly return to Tenant the Letter of Creditall funds previously paid by Tenant to Landlord.

Failure to Deliver Possession. If for any reason Landlord cannot shall be unable to deliver possession of the Premises to Tenant on or prior to the Scheduled Commencement Date for Delivery of the Premisesany reason, then Landlord shall not be subject to any liability on account thereof, and such failure shall not affect the validity of this Lease and or the obligations of Tenant under this Lease shall not be affected and Tenant shall have no claim against hereunder. If Landlord arising out of Landlord’s failure is unable to deliver possession of the Premises to Tenant on the Scheduled Commencement Date, the Commencement Date for Delivery shall be deferred to the date on which Landlord delivers possession. If the Commencement Date is deferred pursuant to this paragraph, the Expiration Date shall be deferred so that the Term will expire on the last day of the Premisescalendar month in which the Lease Year (as hereinafter defined) expires. Notwithstanding the foregoing, in the event Landlord is unable to deliver possession of the Premises to Tenant by June 1, 2008, Tenant shall not, however, be obligated have the option to pay Rent or perform any other obligation of Tenant under the terms of terminate this Lease with no further obligations and in such event Landlord shall return to Tenant all payments and deposits made by Tenant in connection herewith and if Tenant does not elect to terminate, Tenant shall receive one (1) day of rent credit for each day from April 1, 2008 until the date Landlord delivers possession of the Premises to Tenant, and any period of rent abatement that Tenant would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof. If possession is not delivered to Tenant within sixty (60) days after the Scheduled Date for Delivery of the Premises, Tenant may, at its option, by notice in writing to Landlord within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder, except that Landlord shall promptly return to Tenant the Letter of Credit.