Final Delivery Date Sample Clauses

Final Delivery Date. Notwithstanding anything contained in this Agreement, unless extended by Buyer, the final delivery date for the Volumes shall be sixty (60) months following the Effective Date (or such later date as determined by Buyer in its sole discretion) (the “Final Delivery Date”); provided however that in the event that Seller fails to deliver the specified amount of the Initial Prepayment Volumes or the Additional Prepayment Volumes, if applicable, by the Final Delivery Date, the Final Delivery Date shall automatically be extended ninety (90) days in to order to allow Seller to deliver any remaining volumes of the Initial Prepayment Volumes or the Additional Prepayment Volumes that are to be delivered to Buyer; provided that if all of such Initial Prepayment Volumes or Additional Prepayment Volumes, as applicable, are not delivered in such ninety (90) days, then Seller shall be in default under this Agreement.

Final Delivery Date. If Landlord has not Tendered Possession of ------------------- the Expansion Premises to Tenant on or before the Final Delivery Date (as such date may be extended pursuant to this Section 3), then either Landlord or Tenant may terminate this Amendment in the following manner. If Landlord is entitled to terminate this Amendment, Landlord may terminate this Amendment by providing Tenant with a Termination Notice and upon Tenant's receipt of such notice, this Amendment shall terminate and neither party shall have any further obligation to the other except as provided hereunder. If Tenant is entitled to terminate this Amendment, Tenant may terminate this Amendment by providing Landlord with a Termination Notice and if Landlord has not Substantially Completed the Expansion Premises and Tendered Possession of the Expansion Premises to Tenant within fifteen (15) business days (as such fifteen (15) business day period shall be extended by Tenant Delays and Force Majeure Events) following the date of such Termination Notice, this Amendment shall terminate and neither party shall have any obligation to the other except as provided hereunder; provided, however, if Landlord Substantially Completes the Expansion Premises Work and Tenders Possession of the Expansion Premises to Tenant on or before the expiration of such fifteen (15) business day period (as extended by Tenant Delays and Force Majeure Events), Tenant's Termination Notice shall be null and void and this Amendment shall continue in full force and effect. Any termination of this Amendment shall not subject the Landlord to any liability therefor, except as expressly provided herein, nor shall such cancellation affect the validity of the Lease or the obligations of the Tenant thereunder or extend the term of the Lease; provided, however, in the event of the termination of this Amendment by Tenant or Landlord as provided herein, Landlord shall be obligated to reimburse Tenant for Tenant's actual expenses for Tenant's Expansion Premises Work completed to the date of termination. The reimbursed expenses shall not include expenditures for work particular to Tenant's specific business operations, for example, and not by way of limitation, site preparation by Tenant for its particular manufacturing equipment. Notwithstanding the foregoing, in recognition of the parties' intent to cooperate to successfully achieve the Expansion Premises Commencement Date, in the event Landlord or Tenant elects to terminate as provide...

Final Delivery Date. All principal, interest and other sums owed on the Construction Advance Loan will be due and payable in full on the Final Delivery Date. The Construction Advance Loan will be deemed paid and the Construction Letter of Credit will be returned to the Construction Lender upon either the (a) delivery of the Permanent Mortgage Loan pursuant to the Forward Commitment or (b), payment by (i) the Construction Lender of all amounts due and owing under the Construction Advance Loan, including payment effected by application of amounts previously drawn by ▇▇▇▇▇▇ ▇▇▇ under the Construction Letter of Credit in accordance with the terms of this Agreement, and (ii) the Borrower of any Delivery Assurance Fee, any outstanding obligations under the Delivery Assurance Note, and any forward commitment fees that may be due under the DUS Guide with respect to the Project.