Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

FAILURE TO GIVE POSSESSION. If Landlord is unable to give possession of the Premises on the date of the commencement of the term hereof because of the holding-over or retention of possession of any tenant, undertenant or occupants or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this Lease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s inability to obtain possession) until after Landlord shall have given Tenant written notice that the Premises are available for Tenant’s occupancy, if permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the date specified at the commencement of the term of this Lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, except as to the covenant to pay rent. The provisions of this article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.

FAILURE TO GIVE POSSESSION. If Landlord is unable to give possession of the Demised Premises on the date of the commencement of the term hereof hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if Landlord has not completed any work required to be performed by Landlord, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the Lease lease shall not be impaired under such circumstances, nor shall the same be construed in any wise manner to extend the term of this Leaselease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s inability to obtain possession) until after Landlord shall have given Tenant written notice that the Demised Premises are available substantially ready for Tenant’s 's occupancy, if . If permission is given to Tenant to enter into the possession of the Demised Premises or to occupy premises any space in the Building other than the Demised Premises prior to the date specified at as the commencement of the term of this Leaselease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Leaselease, except as to the covenant to pay rent. The provisions of this article Article are intended to constitute “"an express provision to the contrary” " within the meaning of Section 223-a of the New York Real Property LawNEW YORK REAL PROPERTY LAW.

FAILURE TO GIVE POSSESSION. If Landlord is unable to give possession of the Premises on the date of the commencement of the term hereof set forth in Paragraph 1G because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or for any other reasonotherwise as set forth in Paragraph 26J above, Landlord shall not be subject to any liability for failure to give possession on said date possession, and the validity of the this Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise way to extend the term of this LeaseTerm; provided, but the Commencement Date however, that Tenant's sole remedy shall be postponed and that the rent Rent payable hereunder shall be abated (provided Tenant is not responsible in whole or in part for Landlord’s the inability to obtain possessionpossession or any failure by Landlord to Substantially Complete Landlord's Work) until after Landlord shall have given Tenant written notice that the Premises are available Substantially Completed or ready for Tenant’s occupancy, if permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises 's occupancy (prior to the date specified at in Paragraph 1G as the commencement Commencement Date of the term of this Lease, Term) and Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, Lease except as to the covenant to pay rent. The provisions payment of this article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property LawRent.

FAILURE TO GIVE POSSESSION. If Landlord is unable to give possession of the Demised Premises on the date of the commencement of the term hereof hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if Landlord has not completed any work required to be performed by Landlord, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the Lease lease shall not be impaired under such circumstances, nor shall the same be construed in any wise manner to extend the term of this Leaselease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s inability to obtain possession) until after Landlord shall have given Tenant written notice that the Demised Premises are available substantially ready for Tenant’s 's occupancy, if . If permission is given to Tenant to enter into the possession of the Demised Premises or to occupy premises any space in the Building other than the Demised Premises prior to the date specified at as the commencement of the term of this Leaselease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Leaselease, except as to the covenant to pay rent. The provisions of this article Article are intended to constitute “"an express provision to the contrary” " within the meaning of Section 223-a of the New York Real Property Law.

FAILURE TO GIVE POSSESSION. If if Landlord is unable to give possession of the Demised Premises on the date of the commencement of the term hereof hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if Landlord has not completed any work required to be performed by Landlord, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the Lease lease shall not be impaired under such circumstances, nor shall the same be construed in any wise manner to extend the term of this Leaselease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s inability to obtain possession) until after Landlord shall have given Tenant written notice that the Demised Premises are available substantially ready for Tenant’s 's occupancy, if . If permission is given to Tenant to enter into the possession of the Demised Premises or to occupy premises any space in the Building other than the Demised Premises prior to the date specified at as the commencement of the term of this Leaselease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Leaselease, except as to the covenant to pay rent. The provisions of this article Article are intended to constitute “"an express provision to the contrary” " within the meaning of Section 223-a of the New York Real Property Law.

FAILURE TO GIVE POSSESSION. If Landlord is unable to give possession of the Premises on the date of the commencement of the term hereof hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or if Landlord has not completed any work required to be performed by Landlord, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the Lease lease shall not be impaired under such circumstances, nor shall the same be construed in any wise manner to extend the term of this Lease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s inability to obtain possession) until after Landlord shall have given Tenant written notice that the Premises are available substantially ready for Tenant’s occupancy, if . If permission is given to Tenant to enter into the possession of the Premises or to occupy premises any space in the Building other than the Premises prior to the date specified at as the commencement of the term of this Lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, except as to the covenant to pay rent. The provisions of this article Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.

FAILURE TO GIVE POSSESSION. If Landlord is unable to give possession of the Premises on the date of the commencement of the term hereof hereof, because of the holding-holding over or retention of possession of any tenantlessee, undertenant or occupants other occupant, or for any other reasonLandlord has not completed the Work, Landlord shall not be subject to any liability for failure to give possession on said such date and the validity of the this Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this Lease, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s the inability to obtain possession) until after Landlord shall have given Tenant written notice that the Premises are available substantially ready for Tenant’s 's occupancy, if permission is given to Tenant to enter into the possession of whereupon such abatement shall cease. If the Premises or are not delivered within ninety (90) days following the date hereof, Tenant shall have the right to occupy premises other than the Premises terminate their Lease, if such right is exercised prior to the date specified at the commencement Landlord's notice of the term of this Lease, Tenant covenants delivery. ARTICLE XXV ----------- Fees and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, except as to the covenant to pay rent. The provisions of this article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.Expenses; Performance or Payment by Landlord 25.1

FAILURE TO GIVE POSSESSION. 26. If Landlord is unable to give possession of the Premises on the date of the commencement of the term hereof hereof, because of the holding-over or retention of possession of any tenant, undertenant or occupants occupants, or for any other reason, Landlord shall not be subject to any liability for failure to give possession on said date and the validity of the this Lease shall not be impaired under such circumstances, nor shall the same be construed in any wise to extend the term of this Lease, or of any rent abatement or free rent period provided herein, if any, but the Commencement Date shall be postponed and the rent payable hereunder shall be abated (provided Tenant is not responsible for Landlord’s the inability to obtain possession) until after Landlord shall have given Tenant written notice that the Premises are available substantially ready for Tenant’s occupancy, if . If permission is given to Tenant to enter into the possession of the Premises or to occupy premises other than the Premises prior to the date specified at as the commencement of the term of this Lease, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Lease, except as to the covenant to pay rentMinimum Rent and Additional Rent pursuant to Articles 3 and 5, respectively. The provisions of this article Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.