Delayed Possession. If the landlord is unable to deliver possession of the premises at the commencement date of this Agreement, the student shall not be liable for any rent and may elect to terminate this Agreement at any time until possession is delivered. The landlord shall be liable for any damage caused thereby through the third day from the commencement hereof, if possession is not delivered, or until the day the student terminates, whichever is earlier. This provision survives termination until damages are collected.
Delayed Possession. If the Landlord is unable to deliver possession of all or any portion of the Leased Premises by the Commencement Date, this Lease shall remain in full force and effect and the Tenant shall take possession of the Leased Premises on the date when the Landlord delivers possession of all of the Leased Premises, which date shall be conclusively established by notice in writing from theLandlord to the Tenant at least 10loss, damage or inconvenience resulting from any delay in d deleveringpossession of the Leased Premises but, unless the delay is caused by or attributable to the Tenant, its servants, agents or independent contractors,no Rent shall be payable by the Tenant for the period prior to the date on which the Landlord can deliver possession of all of the Leased Premises,unless the Tenant elects to take possession of a portion of the Leased Premises, in which case Rent shall be payable in respect thereof from the date such possession is so taken. Despite anything contained to the contrary in this Section 3.03, if the Landlord is of the opinion that it is unable to deliver possession of all or any part of the Leased Premises by the expiration of 6 months from the Commencement Date, the Landlord shall have the right to terminate this Lease upon written notice to the Tenant,whereupon neither party shall have any liability to the other.
Delayed Possession. Landlord shall act diligently to make the Premises available to Tenant; provided, however, neither Landlord nor any agent or employee of Landlord shall be liable for any damage or loss due to Landlord's inability or failure to deliver possession of the Premises to Tenant as provided in this Lease. If possession is delayed, the Commencement Date set forth in Section 1 shall also be delayed. In addition, the Termination Date set forth in Section 1 shall be modified so that the length of the Lease term remains the same. If Landlord does not deliver possession of the Premises to Tenant within days (sixty (60) days if not filled in) after the Commencement Date specified in Section 1, Tenant may elect to cancel this Lease by giving written notice to Landlord within ten (10) days after such time period ends. If Tenant gives such notice of cancellation, the Lease shall be cancelled, all prepaid rent and security deposits shall be refunded to Tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first “lease year” shall commence on the Commencement Date and shall end on the date which is twelve
Delayed Possession. If Lessor cannot deliver possession of the Premises to Lessee by the Commencement Date, this lease shall not be void or voidable, and except for the $580.00 per day penalty commencing on June 1, 2008, provided for in Paragraph 1.01E, Lessor shall not be liable to Lessee for any loss or damage resulting therefrom. The Commencement Date shall be postponed to the earlier of (i) the date upon which Lessor delivers and Lessee accepts possession of the Premises or (ii) the thirtieth (30th) day after Lessor shall have notified Lessee in writing that the Premises are ready for occupancy. In the event of such postponement, Lessee’s obligation to pay rent shall be postponed for a like number of days, but the Expiration Date shall be extended to equal the term stated in 1.02 E. If Lessor is unable to deliver possession of the Premises to Lessee by the Commencement Date because Lessee has requested substantial changes in the plans and specifications or because of other causes attributable to Lessee, then the term shall begin, and Lessee shall pay to Lessor all rent due, as of the Commencement Date, even though Lessee has not taken possession of the Premises by such date. Notwithstanding the foregoing, if Lessor is unable to deliver possession of the Premises to Lessee or to notify Lessee that the Premises are ready for occupancy within thirty (30) days after the Commencement Date, than Lessee may terminate this Lease by giving Lessor written notice to that effect, whereupon each party shall be released from all further obligations and liability hereunder.
Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by June 15, 1997 rent shall xxxxx until possession is given, but Lessor shall not be liable to Lessee for such failure, and the Commencement Date shall become the date on which possession is given. Notwithstanding the foregoing, however, if the Premises are not available for occupancy by Lessee on August 15, 1997, this Lease shall be voidable by either party, and if voided, all payments made to Lessor by Lessee hereunder, if any, shall be immediately refunded to Lessee by Lessor; provided, however, that such date shall be extended to the extent that construction is delayed by any of the reasons set forth in Section 8 or other conditions beyond Lessor's control or by amendments to the working drawings for the improvements to the Premises requested by Lessee. The Premises shall be "available for occupancy" when a Certificate of Occupancy has been issued for the Premises.
Delayed Possession. If the Landlord is delayed in delivering possession of all or any portion of the Premises to the Tenant on or before the earlier of: (i) the commencement of the Fixturing Period, if applicable; and (ii) the Commencement Date, then unless such delay is principally caused by or attributable to the Tenant, its servants, agents or independent contractors the Commencement Date or the date on which the Premises are to be made available to the Tenant, the obligation of the Tenant to pay Base Rent and Occupancy Costs, and the Expiry Date shall be postponed for a period equal to the duration of the delay. This Lease shall not be void or voidable, nor shall the Landlord be liable to the Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to the Tenant, and the deferment of the obligation of the Tenant to pay Base Rent and Occupancy Costs shall be accepted by the Tenant as full compensation for any such delay. If any delay in the completion of the Landlord’s Work is attributable to the Tenant, its servants, agents or independent contractors, the obligation of the Tenant to pay Base Rent and Occupancy Costs shall not be deferred.
Delayed Possession. If Landlord is delayed for any reason in delivering possession of all or any portion of the Premises to Tenant on or before the Commencement Date, then Tenant will take possession of the Premises on the date when Landlord delivers possession of all of the Premises, which date will be conclusively established by notice from Landlord to Tenant at least five (5) days before such date. This Lease will not be void or voidable nor will the Term be extended nor will Landlord be liable to Tenant for any loss or damage resulting from any delay in delivering possession of the Premises to Tenant, but no Rent will be payable by Tenant (unless such delay is principally caused by or attributable to Tenant, its employees, servants, agents or contractors), for the period prior to the date on which Landlord can so deliver possession of all of the Premises, unless Tenant elects to take possession of a portion of the Premises whereupon Rent will be payable in respect of such portion from the date such possession is so taken.
Delayed Possession. Tenant may cancel this Lease if Landlord cannot deliver actual possession of the substantially complete Premises by one hundred and eighty (180) days after the Target Date. To cancel, Tenant must give notice to Landlord within sixty (60) days after the expiration of such one hundred and eighty day period and before Landlord gives notice to Tenant that the Premises are substantially complete. The one hundred and eighty (180) day period above shall be extended in the time equal to any period of delay caused by Tenant. Within thirty (30) days after cancellation, Landlord shall return to Tenant prepaid consideration including Rent and deposits, and neither party shall have any further rights or obligations under this Lease.
Delayed Possession. If Lessor shall fail to deliver to Lessee actual possession of the Premises by February 1, 1999, rent shall abatx xxxil possession is given, but Lessor shall not be liable to Lessee for such failure, and the Commencement Date shall become the date on which possession is given. The Lease will be voidable by Lessee if improvements are not completed by April 1, 1999 if such delay is not caused by Lessee.
Delayed Possession. Tenant may cancel this Lease if Landlord cannot deliver actual possession of the substantially complete Premises by sixty (60) days after the Target Date. To cancel Tenant must give notice to Landlord within ninety (90) days after the Target Date and before Landlord gives notice to Tenant that the Premises are substantially complete. The sixty (60) day and ninety (90) day periods above shall be extended by the time equal to any period of delay caused by the Tenant. Within thirty (30) days after cancellation Landlord shall return to Tenant prepaid consideration, if any, including Rent and deposits.
