Common use of FAILURE TO GIVE POSSESSION Clause in Contracts

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law or any successor statute of similar nature and purpose then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term. If Landlord shall be unable to give possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term, and provided that Tenant is not responsible for such inability to give possession, the Commencement Date shall be deemed to be the date upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of the Premises to Tenant. No such failure to give possession on the date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way to extend the Term except as provided in this Article 22.

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law Law or any successor statute Requirement of similar nature and purpose then in force and further waives the right to recover any damages which that may result from Landlord's ’s failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term. 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. If Landlord shall be is unable to give possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term, and provided that Tenant is not responsible for such inability to give possession, the Commencement Date shall be deemed to be the date upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of the Premises to Tenant. No such failure to give possession on the date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way to extend the Term except as provided in this Article 22Term.

FAILURE TO GIVE POSSESSION. Landlord agrees to use commercially reasonable efforts to substantially complete Landlord's Initial Construction and deliver possession of the Premises to Tenant on or prior to October 1, 2003, subject to delays caused by Tenant Delays and force majeure events (as such terms are hereinafter defined). Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law Law or any successor statute of similar nature and purpose import then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises on the by such date set forth in Section 1.1 hereof for the commencement of the Termany reason whatsoever. If Landlord shall be unable to give possession of the Premises on the or prior to such date set forth in Section 1.1 hereof for the commencement of the Term, and provided that Tenant is not responsible for such inability to give possession, the Commencement Date shall be deemed to be the date upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of the Premises to Tenant. No no such failure to give possession on the such date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease. 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 Commencement Date, nor Tenant covenants and agrees that such occupancy shall be deemed to be under all the same be construed in any way terms, covenants, conditions and provisions of this Lease excluding the covenant to extend the Term except as provided in this Article 22pay Rent.

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of If despite its diligent efforts the New York Real Property law or any successor statute of similar nature and purpose then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Term. If Landlord shall be unable to give possession of the Premises on the date set forth in Section 1.1 hereof Projected Delivery Date by reason of the following: (i) the portion of Landlord Work necessary to enable Tenant to commence full-time performance of Tenant's Work is not Substantially Complete, (ii) the holding over or retention of possession of any tenant, tenants or occupants, or (iii) for any other reason, then Landlord shall not be subject to any liability for the commencement of the Term, and provided that Tenant is not responsible for such inability failure to give possession, possession on said date. Under such circumstances the rent reserved and covenanted to be paid herein shall not commence until the Commencement Date as specified in Section 2.2(a). No such failure to give possession on the Projected Delivery Date shall affect the validity of this Lease or the obligations of the Tenant hereunder; provided, however, this Lease shall be deemed amended so that the Term shall be extended by the period of time possession is delayed. In the event of any dispute as to be whether the date upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter providedWork is Substantially Complete, the Rent Commencement Date decision of Landlord's architect shall be final and binding on the Fixed Expiration Date shall each be postponed by one day for each day parties. In the event that Landlord fails to deliver possession of the Premises to Tenant. No such failure Tenant by December 31, 2000, Tenant shall have the right, which must be exercised no later than January 15, 2001, to give possession on the date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of terminate this Lease or the obligations and upon receipt of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission such notice, this Lease shall be terminated and of this Lease, nor shall the same be construed in any way to extend the Term except as provided in this Article 22no further force and effect.

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease --------------------------- under Section 223-a of the New York Real Property law Law or any successor statute of similar nature and purpose import then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 Article 1 hereof for the commencement of the Term. If Landlord shall be unable to give possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Termsuch date, and provided that Tenant is not responsible for such inability to give possession, the Commencement Date shall be deemed Rent reserved and covenanted to be paid herein shall not commence until the date upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of is given or the Premises to are available for occupancy by Tenant. No , and no such failure to give possession on the such date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way anywise affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way anywise to extend the Term except as provided in Term. 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 Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Article 22Lease, including the covenant to pay Rent.

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law Law or any successor statute of similar nature and purpose then in force and further waives the right to recover any damages which may result from Landlord's failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof for as the commencement of the TermCommencement Date. If Landlord shall be unable to give possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the TermCommencement Date, and provided that Tenant is not responsible for such inability to give possession, the Commencement Date shall be deemed to be the date upon which Landlord shall have delivered possession of the Premises to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of the Premises to Tenant. No such failure to give possession on the date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way to extend the Term except as provided Term. Notwithstanding anything to the contrary contained herein, in the event Landlord fails to deliver possession of the Premises to Tenant by September 1, 1998, then Tenant may cancel this Article 22Lease by delivering written notice of such cancellation to Landlord on or before September 15, 1998 (time being of the essence with respect to the delivery of such cancellation notice).

FAILURE TO GIVE POSSESSION. Tenant waives any right to rescind this Lease under Section 223-a of the New York Real Property law Law or any successor statute of similar nature and purpose import then in force and further waives the right to recover any damages which may result from Landlord's ’s failure for any reason to deliver possession of the Premises on the date set forth in Section 1.1 hereof herein for the commencement of the Term. If Landlord shall be unable to give possession of the Premises on the date set forth in Section 1.1 hereof for the commencement of the Termsuch date, and provided that Tenant is not responsible for such inability to give possession, the Commencement Date shall be deemed Rent reserved and covenanted to be paid herein shall not commence until the date upon which Landlord shall have delivered possession of the Premises is given or Confidential Treatment Requested by Compass, Inc. Pursuant to Tenant and, except as hereinafter provided, the Rent Commencement Date and the Fixed Expiration Date shall each be postponed by one day for each day that Landlord fails to deliver possession of 17 C.F.R. Section 200.83 the Premises to are available for occupancy by Tenant. No , and no such failure to give possession on the such date set forth in -41- 47 Section 1.1 hereof for the commencement of the Term or on the Commencement Date shall in any way anyway affect the validity of this Lease or the obligations of Tenant hereunder or give rise to any claim for damages by Tenant or claim for rescission of this Lease, nor shall the same be construed in any way to extend the Term Term, except as specifically provided in Subsection 1B(ii) hereof. If permission is given to Tenant to enter into possession of the Premises or to occupy premises other than the Premises prior to the Commencement Date, Tenant covenants and agrees that such occupancy shall be deemed to be under all the terms, covenants, conditions and provisions of this Article 22Lease, including the covenant to pay Rent.