Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

FAILURE TO GIVE POSSESSION. 3.01 If the Demised Premises shall not be available for occupancy by Tenant on the specific date hereinbefore designated for the commencement of the term of this Lease for any reason whatsoever, then this Lease shall not be affected thereby but, in such case, said specific date shall be deemed to be postponed until the date when the Demised Premises or the additional space, as the case may be, shall be available for occupancy by Tenant, and Tenant shall not be entitled to possession of the Demised Premises or the additional space until the same are available for occupancy by Tenant; provided, however, Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant by reason of any such postponement of said specific date, and the parties hereto further agree that any failure to have the Demised Premises or such additional space available for occupancy by Tenant on said specific date or on the Commencement Date shall in no way affect the obligations of Tenant hereunder nor shall the same be construed in any way to extend the term of this Lease.

Appears in 2 contracts

Samples: Henry Bros. Electronics, Inc., Lease (Treasure Mountain Holdings Inc)

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FAILURE TO GIVE POSSESSION. 3.01 6.1 If the Demised Premises shall not be available for occupancy by delivery to Tenant on the specific date date, if any, hereinbefore designated for the commencement of the term of this Lease for any reason whatsoever, then this Lease shall not be affected thereby butthereby, in such case, said specific date specified date, if any, shall be deemed to be postponed until the date when the Demised Premises or the additional space, as the case may be, shall be available for occupancy by delivery to Tenant, and Tenant shall not be entitled to possession of the Demised Premises or the additional space until the same are available for occupancy by delivery to Tenant; , provided, however, Tenant that Ten shall have no claim against Landlord, and Landlord shall have no liability to Tenant by reason of any such postponement of said specific date, and the parties hereto further agree that any failure to have the Demised Premises or such additional space available for occupancy by delivery to Tenant on said specific date or on the Commencement Date shall in no way affect the obligations of Tenant hereunder nor shall the same be construed in any way to extend the term of this LeaseLease and furthermore, this Section 6.1 shall be deemed to be an express provision to the contrary of Section 223-a of the Real Property Law of the State of New York and any other law of like import now or hereafter in force.

Appears in 1 contract

Samples: Merit Behavioral Care Corp

FAILURE TO GIVE POSSESSION. 3.01 If the Demised Premises or any additional space to be included within the Premises shall not be available for occupancy by Tenant on the specific date (if any) hereinbefore designated for the commencement of the term Term of this Lease or for the inclusion of such space for any reason whatsoever, then this Lease shall not be affected thereby but, in such case, said specific date shall be deemed to be postponed until the date when the Demised Premises or the such additional space, as the case may be, space shall be available for occupancy by Tenant, and Tenant shall not be entitled to possession of the Demised Premises or the such additional space until the same are available for occupancy by Tenant; , provided, however, that Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant by reason of any such postponement of said specific date, and the parties hereto further agree that any failure to have the Demised Premises or such additional space available for occupancy by Tenant on said specific date or on the Commencement Date shall in no way affect the obligations of Tenant hereunder nor shall the same be construed in any way to extend the term Term of this LeaseLease and furthermore, this Section 38.1 shall be deemed to be an express provision to the contrary of Section 223-a of the Real Property Law of the State of New York and any other law of like import now or hereafter in force.

Appears in 1 contract

Samples: Micros to Mainframes Inc

FAILURE TO GIVE POSSESSION. 3.01 22.01. If the Demised Premises or any additional space to be included within the Demised Premises shall not be available for occupancy by Tenant on the specific date (if any) hereinbefore designated for the commencement of the term of this Lease or for the inclusion of such space for any reason whatsoever, then this Lease Lea se shall not be affected thereby but, in such case, said specific date shall be deemed to be postponed until the date when the Demised Premises or the such additional space, as the case may be, space shall be available for occupancy by Tenant, and Tenant shall not be entitled to possession of the Demised Premises or the such additional space until the same are available for occupancy by Tenant; provided, however, that Tenant shall have no claim against LandlordLand lord, and Landlord shall have no liability to Tenant Tenant, by reason of any such postponement of said specific date, and the parties hereto further agree that any failure to have the Demised Premises or such additional space available for occupancy by Tenant on said specific date or on the Commencement Date shall in no way affect the obligations of Tenant hereunder nor shall the same be construed in any way anyway to extend the term of this LeaseLease and furthermore, this Section 22.01 shall be deemed to be an express provision to the contrary of Section 223-a of the Real Property Law of the State of New York and any other law of like import now or hereafter in force.

Appears in 1 contract

Samples: Agreement of Lease (Millennium Healthcare Inc.)

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FAILURE TO GIVE POSSESSION. 3.01 If the Demised Premises or any additional space to be included within the Demised Premises shall not be available for occupancy by Tenant on the specific date hereinbefore designated for the commencement of the term of this Lease lease or for the inclusion of such space for any reason whatsoever, then this Lease lease shall not be affected thereby but, in such case, said specific date shall be deemed to be postponed until the date when the Demised Premises or the additional space, as the case may be, shall be available for occupancy by Tenant, and Tenant shall not be entitled to possession of the Demised Premises or the additional space until the same are available for occupancy by Tenant; provided, however, Tenant shall have no claim against LandlordLandlord (except as may otherwise be expressly provided in this lease), and Landlord shall have no liability to Tenant (except as may otherwise be expressly provided in this lease) by reason of any such postponement of said specific date, and the parties hereto further agree that any failure to have the Demised Premises or such additional space available for occupancy by Tenant on said specific date or on the Commencement Date shall in no way affect the obligations of Tenant hereunder nor shall the same be construed in any way to extend the term of this Leaselease. This Section 3.01 shall be deemed to be an express provision to the contrary of Section 223-a of the Real Property Law of the State of New York and any other law of like import now or hereafter in force.

Appears in 1 contract

Samples: Lease (About Com Inc)

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