Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.
Inability to Deliver Possession. If Landlord shall be unable to give possession of the Premises on the scheduled Commencement Date for any reason the rent reserved and covenanted to be paid herein and the Commencement Date shall not be deemed to have occurred until the Premises are available for occupancy by Tenant. No such failure to give possession on the scheduled Commencement Date shall subject Landlord to any liability for failure to give possession nor shall same affect the validity of this Lease or the obligation of Tenant hereunder, but the Lease shaft be amended, at the option of Landlord, so that the Term shall be extended by the period of time possession is delayed. If the Premises are ready for occupancy prior to the Commencement Date and Tenant occupies the Premises prior to said date, Tenant shall pay proportionate Base Rent and Rent Adjustments. The Premises shall not be deemed to be unready for Tenant's occupancy or not substantially complete if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done in the Premises or any part thereof, or if the delay in the availability of the Premises for occupancy shall be due to special work changes, alterations or additions required or made by Tenant in the layout or finish of the Premises or any part thereof or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations, or shall be otherwise caused in whole or in part by delay and/or default on the part of Tenant. In the event of any dispute as to whether the Premises are ready for Tenant's occupancy, the decision of Landlord's architect shall be final and binding on Landlord and Tenant.
Inability to Deliver Possession. If County is unable to deliver possession of the Premises by the Commencement Date as a result of causes beyond its reasonable control, County shall not be liable for any damage caused for failing to deliver possession, and this Lease shall not be void or voidable. Tenant shall not be liable for rent until County delivers possession of the Premises to Tenant, but the term shall not be extended by the delay.
Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor’s consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event that Sublessor is unable to obtain Master Lessor’s written consent to this Sublease per the Master Lease terms (Article 14 of the Master Lease) and per the Master Lessor timeline defined (Article 14.1 of the Master Lease)., Sublessee shall have the right to terminate this Sublease by written notice to Sublessor, at which time Sublessor shall return all prepaid Rent or other payments previously delivered by Sublessee to Sublessor, and Sublessee shall terminate the Rent Escrow and receive a refund of all monies previously deposited therein.
Inability to Deliver Possession. Tenant shall periodically update Landlord about the status of Tenant obtaining construction permits for the Phase 1 Premises. Approximately thirty (30) days before Tenant obtains such permits, Tenant will provide Landlord with a written notice stating that Tenant anticipates receiving such permits within thirty (30) days. Within five (5) business days after receiving such notice, Landlord shall deliver a notice to the existing occupant of the Phase 1 Premises, which notice shall provide that such occupant must vacate the Phase 1 Premises within thirty (30) days. Within ninety (90) days of the execution of this Lease by Landlord and Xxxxxx, Landlord shall deliver to Tenant a written notice stating that the Phase 2 Fourth Floor Space will be free of all other tenancies or rights of other tenants by not later than twelve (12) months following the date of the execution of this Lease, but not earlier than five (5) months from the date of execution of this Lease. If Landlord shall be unable to tender possession of the Phase 1 Premises by September 1, 2021 (the “Anticipated Commencement Date”), by reason of: (i) the holding over or retention of possession of any tenant or occupant; (ii) the failure to complete repairs, improvements or decoration of the Phase 1 Premises or of the Building; or (iii) for any other reason, Landlord shall not be subject to any liability for the failure to tender possession on said date. In the case of holding over, Xxxxxxxx shall have no responsibility for any delay in tendering possession of the Phase 1 Premises. Under any of the aforesaid circumstances, the rent covenanted to be paid herein shall not commence and the Phase 1 Premises Commencement Date shall be postponed on a day for day basis until possession of the Phase 1 Premises is tendered to Tenant; provided, however, that the Phase 1 Premises Commencement Date shall not be postponed by (i) any delays occasioned by Xxxxxx’s failure to perform any of its obligations with respect to the construction of the Phase 1 Premises within the timeframes for such performance set forth in Exhibit “E”, or (ii) any delays in construction caused by and contractors retained by Tenant, or (iii) any delays in construction resulting from delays in the delivery or installation of improvements specified in Tenant’s Space Plan which are not Building standard. No such failure to give possession on the date set forth in Section 1(a)(6) shall in any other respect affect the validity of this Lease o...
Inability to Deliver Possession. If Landlord is unable to deliver to Tenant possession of the Premises, as herein provided, by reason of any cause beyond the reasonable control of Landlord, including, without limitation, the holding over of a prior tenant, Landlord shall have no liability to Tenant therefor, and during the period that Landlord is unable to deliver possession, all rights and remedies of both parties hereunder shall be suspended. However, if Landlord can deliver possession of Suite 200, Tenant shall accept occupancy of such portion and the Fixed Minimum Rent shall be pro rated accordingly, based on the square footage of the portion being delivered, until the full Premises becomes available. In the event that Landlord is unable to deliver to Tenant possession of the Premises within 120 days after the date hereof (for reasons not within Tenant's control), Tenant shall receive a credit against the Fixed Minimum Rent in the amount of one-half day's rent for each day after 120 that delivery of possession is so delayed.
Inability to Deliver Possession. If Landlord is unable to deliver possession of the Premises by the date specified for the commencement of the term, Landlord shall not be liable for any damage caused for failing to deliver possession, and this Lease shall not be void or voidable because of Landlord’s failure to deliver possession as discussed herein. Tenant shall not be liable for rent until Landlord delivers possession of the Premises to Tenant, but the term shall not be extended by the delay.
Inability to Deliver Possession. In the event Sublessor is unable to ------------------------------- deliver possession of the Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Sublessee shall not be liable for rent until such time as Sublessor delivers possession. If Sublessee with Sublessor's permission takes possession of the premises prior to the commencement date, Sublessee shall do so subject to all of the covenants and conditions hereof. In the event Sublessor has been unable to deliver possession of the Subleased premises within 30 days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.
Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Sublessee shall not be liable for Rent until such time as Sublessor offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof
Inability to Deliver Possession. Winston shall use its best efforts to deliver possession of the Subleased Premises to Agile on the commencement date of the term. In the event Winston is unable to deliver possession of the Subleased Premises on May 1, 1999, due to circumstances beyond the reasonable control of Xxxxxxx, Xxxxxxx shall not be liable for any damage caused thereby, nor shall this Sub-sublease be void or voidable, provided, however, that in such event, Winston agrees to make available to Agile by May 1, 1999, at least 3,000 square feet of the Premises, in which case, the term of this Sub-sublease shall commence on such delivery, but until such time as Winston has delivered the entire Premises to Agile, Agile's rent and expenses under this Sub-sublease shall be pro-rated based upon the actual amount of space delivered to Agile, compared with the total square footage in the Premises, and, provided, further, that if Winston is unable to deliver the entire premises by June 1, 1999, Agile shall have the option to terminate this Sub-sublease, which option may be exercised by written notice to Winston at any point in time between May 1, 1999 and July 1, 1999. If Agile, with Winston's prior written consent, commences operations in the Premises prior to commencement of the term, Agile shall do so subject to all the covenants and conditions hereof and shall pay Rent for such period at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day.
