Common use of INABILITY TO GIVE OCCUPANCY Clause in Contracts

INABILITY TO GIVE OCCUPANCY. It is hereby agreed that if the Landlord is unable to deliver vacant possession of the Leased Premises on the date of commencement of the Term by reason of the Leased Premises or the Building being uncompleted or by reason of any previous tenant or occupant overholding (but not by reason of circumstances beyond the Landlord's control or by reason of the failure of the Tenant to complete Tenant's Work herein or by reason of the Tenant failing on or before the date occurring six (6) weeks prior to the commencement of the Term herein to supply all necessary approvals and specifications which the Landlord requires in order to complete the Leasehold Improvements herein,) the Landlord shall diligently exercise all of its rights to obtain completion and vacant possession of the Leased Premises and the rent payable hereunder shall xxxxx at a rental per day equal to 1/365th of the Annual Rent payable until such completion or vacant possession is obtained but the Landlord shall not be liable to the Tenant for damages of any nature whatsoever and this Lease shall continue in full force and effect subject only to the abatement of rent as aforesaid.

Appears in 3 contracts

Samples: Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp)

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INABILITY TO GIVE OCCUPANCY. It is hereby agreed that if the Landlord is unable to deliver vacant possession of the Leased Premises on the date of commencement of the Term by reason of the Leased Premises or the Building being uncompleted or by reason of any previous tenant or occupant overholding (but not by reason of circumstances beyond the Landlord's control or by reason of the failure of the Tenant to complete Tenant's Work herein or by reason of the Tenant failing on or before the date occurring six (6) weeks prior to the commencement of the Term herein to supply all necessary approvals and specifications which the Landlord requires in order to complete the Leasehold Improvements herein,) the Landlord shall diligently exercise all of its rights to obtain completion and vacant possession of the Leased Premises and the rent payable hereunder shall xxxxx at a rental per day equal to 1/365th 1/365/th/ of the Annual Rent payable until such completion or vacant possession is obtained but the Landlord shall not be liable to the Tenant for damages of any nature whatsoever and this Lease shall continue in full force and effect subject only to the abatement of rent as aforesaid.

Appears in 1 contract

Samples: Indenture (Newbridge Networks Corp)

INABILITY TO GIVE OCCUPANCY. It is hereby agreed that if the Landlord is unable to deliver vacant possession of the First Leased Premises on the date of commencement Commencement Date and/or vacant possession of the Term Additional Leased Premises on November 1, 2001, by reason of the Leased Premises or the Building being uncompleted or by reason of any previous tenant or occupant overholding (but not by reason of circumstances beyond the Landlord's control or by reason of the failure of the Tenant to complete Tenant's Work herein or by reason of the Tenant failing on or before the date occurring six (6) weeks prior to the commencement of the Term herein to supply all necessary approvals and specifications which the Landlord requires in order to complete the Leasehold Improvements herein,) the Landlord shall diligently exercise all of its rights to obtain completion and vacant possession of the Leased Premises and the rent payable hereunder shall xxxxx at a rental per day equal to 1/365th of the Annual Rent payable until such completion or vacant possession is obtained but the Landlord shall not be liable to the Tenant for damages of any nature whatsoever and this Lease shall continue in full force and effect subject only to the abatement of rent as aforesaid.

Appears in 1 contract

Samples: Indenture (PMC Sierra Inc)

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INABILITY TO GIVE OCCUPANCY. It is hereby agreed that if the Landlord is unable to deliver vacant possession of the Leased Premises on the date of commencement of the Term by reason of the Leased Premises or the Building being uncompleted or by reason of any previous tenant or occupant overholding (but not by reason of circumstances beyond the Landlord's ’s control or by reason of the failure of the Tenant to complete Tenant's ’s Work herein or by reason of the Tenant failing on or before the date occurring six (6) weeks prior to the commencement of the Term herein to supply all necessary approvals and specifications which the Landlord requires in order to complete the Leasehold Improvements herein,) the Landlord shall diligently exercise all of its rights to obtain completion and vacant possession of the Leased Premises and the rent payable hereunder shall xxxxx at a rental per day equal to 1/365th of the Annual Rent payable until such completion or vacant possession is obtained but the Landlord shall not be liable to the Tenant for damages of any nature whatsoever and this Lease shall continue in full force and effect subject only to the abatement of rent as aforesaid.

Appears in 1 contract

Samples: Indenture (VeriChip CORP)

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