Outside Delivery Date. (i) If Landlord shall have failed to deliver possession of the Seventh Amendment D Premises to Tenant free of all occupants on or before March 1, 2018 (the “Seventh Amendment D Premises Outside Delivery Date”) (which date [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. shall be extended automatically for such periods of time as Landlord is prevented from so delivering by reason of Force Majeure), Tenant shall have the right to terminate the Lease, as amended, solely as to the Seventh Amendment D Premises by giving notice to Landlord of Tenant’s desire to do so before such delivery and within the time period from the Seventh Amendment D Premises Outside Delivery Date (as so extended) until the date which is thirty (30) days subsequent to the Seventh Amendment D Premises Outside Delivery Date (as so extended); and, upon the giving of such notice, the lease of the Seventh Amendment D Premises (and all rights related thereto) shall cease and come to an end without further liability or obligation on the part of either party unless, within thirty (30) days of such notice, Landlord delivers possession of the Seventh Amendment D Premises to Tenant free of all occupants, in which case, Tenant’s notice shall be deemed null and void and of no further force or effect.
Outside Delivery Date. Notwithstanding anything contained herein to the contrary, if any portion of the Premises is not delivered to Tenant on or before the date that is one hundred twenty (120) days following the anticipated delivery date for such portion of the Premises set forth in Section 3.2 of the Summary (each such date, an “Outside Delivery Date”), then Tenant shall be entitled to receive a day-for-day abatement of Base Rent (in addition to any other Base Rent abatement provided herein) otherwise due for the portion of the Premises not delivered for the number of days that occur in the “Delayed Delivery Period,” as that term is defined below. For purposes of this Lease, the “Delayed Delivery Period” shall mean the period commencing on the day that occurs immediately following the Outside Delivery Date and continuing until the date upon which the applicable portion of the Premises is delivered to Tenant. Notwithstanding anything contained herein to the contrary, if any portion of the Phase 1 Premises is not delivered to Tenant on or before the date that is two hundred seventy (270) days following the anticipated delivery date for such portion of the Phase 1 Premises set forth in Sections 3.2.1, 3.2.2 and 3.2.3 of the Summary (each such date, a “Phase 1 Termination Outside Date”), then Tenant shall have the right to deliver a written notice to Landlord (a “Termination Notice”) electing to terminate this Lease in its entirety effective upon the date occurring five (5) business days following receipt by Landlord of the Termination Notice (the “Effective Termination Date”). If Tenant timely delivers such a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the Effective Termination Date for a period ending thirty (30) days after the applicable Phase 1 Termination Outside Date by delivering written notice to Tenant prior to the Effective Termination Date stating that, in Landlord’s reasonable, good faith judgment, the applicable portion of the Phase 1 Premises will be delivered to Tenant within thirty (30) days after the applicable Phase 1 Termination Outside Date. If the applicable portion of the Phase 1 Premises is delivered to Tenant within such thirty (30) day suspension period, then the Termination Notice shall be of no force or effect, but if the applicable portion of the Phase 1 Premises is not delivered to Tenant within such thirty (30) day suspension period, then this Lease shall terminate in its entirety and be of no furth...
Outside Delivery Date. Notwithstanding the above, in the event the 4th Floor Space Commencement Date has not occurred by November 1, 2018 (the “4th Floor Outside Delivery Date”), as such date may be extended due to delays caused by or attributable to a Tenant Delay Day or force majeure event, then Tenant, as its sole remedies therefor, shall have the right to (A) terminate this Amendment with respect to the entire Expansion Space, or (B) grant Landlord an extension on the 4th Floor Outside Delivery Date of up to ninety (90) days, after which Tenant shall again have the right to terminate this Amendment with respect to the entire Expansion Space if Landlord has failed to deliver the 4th Floor Space by delivering written notice to Landlord within ten (10) business days following the 4th Floor Outside Delivery Date but prior to delivery of possession of the 4th Floor Space. Upon any such termination, Tenant shall continue to lease the Existing Premises pursuant to the terms of the Lease, as amended hereby with respect to Tenant’s termination of the Lease with respect to the Expansion Space.
Outside Delivery Date. In the event Landlord fails or is unable to achieve Substantial Completion of the Landlord's Work and Tenant Improvements within one hundred and eighty (180) calendar days from the Substantial Completion Date, as such date may be extended by Force Majeure Events (the "Outside Delivery Date"), then Tenant may, in its sole and absolute discretion, cancel and terminate this Lease Agreement by providing written notice thereof to Landlord within thirty (30) calendar days following the Outside Delivery Date (but prior to Substantial Completion), whereupon this Lease Agreement shall terminate effective as of the date set forth in Tenant's notice. Landlord's obligation to pay the damages in accordance with Section 2.10 above, through the termination date only, shall survive such termination, and such amount shall be paid to Tenant within thirty (30) calendar days after the date of Tenant's notice, or Tenant's right to terminate under this Section 2.11 is waived.
Outside Delivery Date. In the event Landlord fails or is unable to --------------------- achieve Substantial Completion of the Landlord's Improvements on or prior to April 15, 1998, provided, however, that such date may be extended "day for day" -------- ------- by an Excused Delay (the "Outside Delivery Date"); then Tenant may, in its sole and absolute discretion, cancel and terminate this Lease Agreement by providing written notice thereof to Landlord within thirty (30) days following the Outside Delivery Date (but prior to Substantial Completion), whereupon this Lease Agreement shall terminate effective as of the date set forth in Tenant's notice, or Tenant's right to terminate under this Section 2.6 is waived (but Tenant's other rights under this Lease or at law or in equity are not waived in such event and are hereby expressly reserved). Landlord shall use commercially reasonable efforts and proceed with commercially reasonable diligence to complete the construction of the Building and Demised Premises by February 1, 1998.
Outside Delivery Date. Landlord shall diligently exercise commercially reasonable efforts to deliver the Premises in the condition required by this Lease by the Scheduled Commencement Date. Without limiting the foregoing, if the Commencement Date has not occurred by October 1, 2011 (the “Outside Delivery Date”), then, Tenant shall receive a credit against the Fixed Rent next becoming payable under this Lease as follows: (i) for and with respect to each day that elapses after the Outside Delivery Date until the earlier to occur of (a) the date which is thirty (30) days after the Outside Delivery Date, or (b) the date on which the Commencement Date actually occurs, a credit in an amount equal to $1,716.76; and (ii) if the Commencement Date does not occur by the date which is thirty (30) days after the Outside Delivery Date, for and with respect to each day between the 30th day after the Outside Delivery Date and the date on which the Commencement Date actually occurs, an amount equal to $3,433.51.
Outside Delivery Date. In the event that Landlord fails to cause the Premises to be "Ready for Occupancy", as defined in Section 4.1 of the Tenant Work Letter, on or before August 1, 2017 (the "Outside Delivery Date"), then for day after the Outside Delivery Date that the Premises are not Ready for Occupancy, Tenant shall receive one (1) day of credit against Base Rent (the "Late Delivery Credit") which Late Delivery Credit shall be applied following the expiration of the Second Rent Abatement Period. The Outside Delivery Date shall be extended by one (1) day for each day of delay in the Premises being Ready for Occupancy caused by "Tenant Delay" (as defined in Section 4.2 of the Tenant Work Letter) or "Force Majeure" (as defined in Section 29.16 of this Lease).
Outside Delivery Date. For the avoidance of doubt, Tenant recognizes that Landlord’s construction has been delayed by the Governor of Pennsylvania’s order mandating the closure of all businesses that are not life-sustaining. Tenant agrees that any amendment, renewal or replacement of such order, or any similar order, directive or guidance issued by any federal, state or local governing body or official having the effect of interfering with or delaying Landlord’s construction, shall constitute a force majeure event and shall extend the Outside Delivery Date, as defined in Section 4 of the Original Lease, on a day-for-day basis until Landlord is legally permitted to resume construction without material interference or delay.
Outside Delivery Date. (a) Landlord will exercise commercially reasonable efforts to cause the Commencement Date to occur by the Scheduled Commencement Date. Without limiting the foregoing, if the Commencement Date has not occurred by the date which is thirty (30) days following the Scheduled Commencement Date (as such date may be extended on a day-for-day basis for Tenant Delays and/or for up to but not more than sixty (60) days on account of Force Majeure (as hereinafter defined), the “First Outside Delivery Date”), then as liquidated damages and the sole and exclusive remedy of Tenant on account thereof, (i) for and with respect to each day between the First Outside Delivery Date and the earlier to occur of (x) the date which is sixty (60) days following the First Outside Delivery Date (as such date may be extended on a day-for-day basis for Tenant Delays and/or for up to but not more than ninety (90) days on account of Force Majeure, the “Second Outside Delivery Date”) and (y) date on which the Commencement Date actually occurs, Tenant shall receive a credit against the Base Rent payable under this Lease in an amount equal to one-half (1/2) of the per diem Base Rent payable for the Premises; and (ii) for and with respect to each day between the Second Outside Delivery Date and the date on which the Commencement Date actually occurs, Tenant shall receive a credit against the Base Rent payable under this Lease in an amount equal to the per diem Base Rent payable for the Premises. Notwithstanding anything to the contrary contained herein, the First Outside Delivery Date and the Second Outside Delivery Date shall be extended, and there shall be no credit against Base Rent for any delay in the Commencement Date arising out of or resulting from any Tenant Delay and/or for delays of up to but not more than ninety (90) days on account of Force Majeure.
Outside Delivery Date. 42 PCS........................................1
