Outside Completion Date Clause Samples

Outside Completion Date. (a) If Landlord shall have failed substantially to complete Landlord’s Work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any act or failure to act of Tenant which interferes with Landlord’s construction of the Premises without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date. (b) If Landlord shall have failed substantially to complete Landlord’s Work described in the Plans on or before the date which is fifteen (15) days after the Outside Completion Date (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure or any Tenant Delay without limiting Landlord’s other rights on account thereof) and Tenant has not terminated the Lease as provided in Section 1.2(a) hereinabove, the Annual Fixed Rent and Tenant’s payments on account of Operating Cost Excess and Tax Excess shall be abated by one (1) day for each day beyond the date which is fifteen (15) days subsequent to the Outside Completion Date (as so extended) that Landlord thus fails to substantially complete the Landlord’s Work described in the Plans, with such abatement to be applied commencing on the Phase I Rent Commencement Date. (c) The foregoing rent abatement and right of termination shall be Tenant’s sole and exclusive remed...

Outside Completion Date. The Outside Completion Date is the date that is [***] after the Target Commencement Date for Phase 1.

Outside Completion Date. Landlord reserves the right to terminate and cancel this Lease by delivery of written notice to Tenant in the event the Completion Date does not occur on or before five (5) years after the date of this Lease, which notice shall be delivered to Tenant within sixty (60) days after the expiration of the five (5) year period or otherwise such termination right shall be waived by Landlord.

Outside Completion Date. (a) In the event that the expansion project in respect of the Underground Mine is interrupted by events of Force Majeure, the Outside Completion Date shall be extended by a period equal to the number of consecutive days that such interruption continues, subject to a maximum extension of [REDACTED: Commercially Sensitive]. (b) The Seller shall have the option, exercisable on up to three separate occasions on or before the Outside Completion Date by providing written notice to the Purchaser (the “Extension Notice”) together with the applicable Extension Payment, to extend the Outside Completion Date by a number days up to the Available Extension in accordance with this Section 5.4(b). The Seller shall set out in any Extension Notice the number of days (up to the Available Extension) by which the Outside Completion Date will be extended (the “Extension Period”) and the Seller’s calculation of the Extension Payment. Each Extension Payment (if any) shall be calculated as follows: [REDACTED: Commercially Sensitive]

Outside Completion Date. Notwithstanding anything in this Lease to the contrary, if Landlord has not obtained a temporary certificate of occupancy relating to the Base Building Improvements on or before [...***...], either Tenant or Landlord shall have the right to terminate this Lease by delivering written notice to the other on or before [...***...]; provided, however, if Landlord is delayed in obtaining the temporary certificate of occupancy relating to the Base Building Improvements as a result of Tenant Delays, such date shall be extended for a period equal to the length of any such Tenant Delay. If neither party delivers written notice of termination to the other within such time period, each party shall have waived its right to terminate and all rights and obligations of Landlord and Tenant shall continue in full force and effect, including satisfaction of the remaining Conditions. If either Tenant or Landlord timely elects to terminate this Lease, the Lease shall terminate and Landlord shall promptly refund to Tenant all sums paid to Landlord by Tenant, including without limitation Carry Costs, if any.

Outside Completion Date. The term “Outside Completion Date” shall [have the meaning as set forth in the Construction Loan Agreement entered into or to be entered into between Lender and Owner][mean ].

Outside Completion Date. If Substantial Completion of the Shell Building Improvements has not been satisfied by November 15, 2009 (the “Outside Completion Date”), subject to a day-for-day extension for Buyer Delay and Force Majeure (provided that the Outside Completion Date shall not be extended for more than an total of forty-five (45) days as a result of events of Force Majeure), then Buyer shall have the rights provided for in Sections 13.2 or 13.3, as applicable.

Outside Completion Date. Landlord shall in any event Substantially Complete the Project and have the Premises Ready for Tenant's Occupancy by the Outside Completion Date, subject only to delays caused by Acts of God, war, civil commotion, fire, flood, hurricane or other unusually severe weather event or shortages of materials and equipment, but not any of the other force majeure events under Section 25.5. If Landlord shall fail Substantially to Complete the Project and to have the Premises Ready for Tenant's Occupancy by the Outside Completion Date, then, in addition to and not in lieu or limitation of any other rights and remedies which Tenant may have against Landlord on account of such failure, Tenant shall receive a credit against the Base Rent and Additional Rent hereunder, once the same begin to be due, equal to the product of (a) $8,000 per day times (b) the number of days from the Outside Completion Date until the date on which the Project is finally Substantially Completed and the Premises are Ready for Tenant's Occupancy. In the event Tenant should become entitled to any other damages on account of such failure, such rent credit shall be counted as a payment toward such damages, with the remaining amount due Tenant reduced accordingly.

Outside Completion Date. Thirty (30) days after the Target Commencement Date.