Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby nor shall this Sublease be void or voidable, but Sublessee shall not be liable for Rent until such time as Sublessor delivers possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublessor has been unable to deliver possession of the Subleased Premises within thirty (30) days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.
Inability to Deliver Possession. If Landlord shall be unable to give possession of the Premises on the scheduled Commencement Date for any reason the rent reserved and covenanted to be paid herein and the Commencement Date shall not be deemed to have occurred until the Premises are available for occupancy by Tenant. No such failure to give possession on the scheduled Commencement Date shall subject Landlord to any liability for failure to give possession nor shall same affect the validity of this Lease or the obligation of Tenant hereunder, but the Lease shaft be amended, at the option of Landlord, so that the Term shall be extended by the period of time possession is delayed. If the Premises are ready for occupancy prior to the Commencement Date and Tenant occupies the Premises prior to said date, Tenant shall pay proportionate Base Rent and Rent Adjustments. The Premises shall not be deemed to be unready for Tenant's occupancy or not substantially complete if only minor or insubstantial details of construction, decoration or mechanical adjustments remain to be done in the Premises or any part thereof, or if the delay in the availability of the Premises for occupancy shall be due to special work changes, alterations or additions required or made by Tenant in the layout or finish of the Premises or any part thereof or shall be caused in whole or in part by Tenant through the delay of Tenant in submitting plans, supplying information, approving plans, specifications or estimates, giving authorizations, or shall be otherwise caused in whole or in part by delay and/or default on the part of Tenant. In the event of any dispute as to whether the Premises are ready for Tenant's occupancy, the decision of Landlord's architect shall be final and binding on Landlord and Tenant.
Inability to Deliver Possession. If County is unable to deliver possession of the Premises by the Commencement Date as a result of causes beyond its reasonable control, County shall not be liable for any damage caused for failing to deliver possession, and this Lease shall not be void or voidable. Tenant shall not be liable for rent until County delivers possession of the Premises to Tenant, but the term shall not be extended by the delay.
Inability to Deliver Possession. Sublandlord anticipates delivering possession of the Subleased Premises to Subtenant on September 1, 2000 (the "Anticipated Preliminary Commencement Date") If Sublandlord shall be unable to deliver possession of the Subleased Premises to Subtenant on the Anticipated Preliminary Commencement Date for any reason, Sublandlord shall not be subject to any liability for the failure to tender possession on said date. In such event, the rent covenanted to be paid herein shall not commence and the Rent Commencement Date shall not occur until the ninety-first (91st) day after possession of the Subleased Premises is tendered to Subtenant. No such failure to give possession on the Anticipated Preliminary Commencement Date shall in any other respect affect the validity of this Sublease or the obligations of Subtenant hereunder, nor shall the same be construed to extend the Term, which shall in all events expire on the Termination Date. Within fifteen (15) days after the Rent Commencement Date, Sublandlord and Subtenant shall execute a Commencement Letter in the form of Exhibit C. Notwithstanding any other provision hereof to the contrary, if Sublandlord has not delivered possession of the Subleased Premises to Subtenant by December 1, 2000, for any reason, Subtenant, at its sole option, may terminate this Sublease by written notice to Sublandlord on or before December 31, 2000, unless Sublandlord shall have delivered possession of the Subleased Premises to Subtenant before such notice. In the event Subtenant terminates this Sublease pursuant to this paragraph, Sublandlord shall refund any advance Rental payment and return any security deposit to Subtenant, and the parties shall thereupon be relieved of any and all liability hereunder.
Inability to Deliver Possession. In the event Sublandlord is unable to deliver possession of the entire Subleased Premises at the commencement of the term, Sublandlord shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Subtenant shall not be liable for Rent until such time as Sublandlord offers to deliver possession of the entire Subleased Premises to Subtenant, but the term hereof shall not be extended by such delay. If Subtenant, with Sublandlord's consent, takes possession of the entire Subleased Premises prior to commencement of the term, Subtenant shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period from the beginning of possession and ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof per day. In the event Sublandlord has been unable to deliver possession of the entire Subleased Premises within 120 days from the Commencement Date, Subtenant, at Subtenant's option, may terminate this Sublease. In the event that Subtenant accepts possession of a portion of the Sublease Premises prior to the Commencement Date, no base rent shall be charged and its right to quiet enjoyment of the Premises shall be subject to the reasonable needs of the contractor in completing the Tenant Improvements under the Master Lease, and this Sublease; (Subtenant shall pay its prorata share of expenses in the event of occupancy prior to November 1, 1998).
Inability to Deliver Possession. In the event Sublessor is unable to ------------------------------- deliver possession of the Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Sublessee shall not be liable for rent until such time as Sublessor delivers possession. If Sublessee with Sublessor's permission takes possession of the premises prior to the commencement date, Sublessee shall do so subject to all of the covenants and conditions hereof. In the event Sublessor has been unable to deliver possession of the Subleased premises within 30 days from the commencement date, Sublessee, at Sublessee's option, may terminate this Sublease.
Inability to Deliver Possession. If Landlord is unable to deliver to Tenant possession of the Premises, as herein provided, by reason of any cause beyond the reasonable control of Landlord, including, without limitation, the holding over of a prior tenant, Landlord shall have no liability to Tenant therefor, and during the period that Landlord is unable to deliver possession, all rights and remedies of both parties hereunder shall be suspended. However, if Landlord can deliver possession of Suite 200, Tenant shall accept occupancy of such portion and the Fixed Minimum Rent shall be pro rated accordingly, based on the square footage of the portion being delivered, until the full Premises becomes available. In the event that Landlord is unable to deliver to Tenant possession of the Premises within 120 days after the date hereof (for reasons not within Tenant's control), Tenant shall receive a credit against the Fixed Minimum Rent in the amount of one-half day's rent for each day after 120 that delivery of possession is so delayed.
Inability to Deliver Possession. If Landlord is unable to deliver possession of the Premises by the date specified for the commencement of the term, Landlord shall not be liable for any damage caused for failing to deliver possession, and this Lease shall not be void or voidable because of Landlord’s failure to deliver possession as discussed herein. Tenant shall not be liable for rent until Landlord delivers possession of the Premises to Tenant, but the term shall not be extended by the delay.
Inability to Deliver Possession. In the event Sublessor is unable to deliver possession of the Subleased Premises at the commencement of the term, Sublessor shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Sublessee shall not be liable for Rent until such time as Sublessor offers to deliver possession of the Subleased Premises to Sublessee, but the term hereof shall not be extended by such delay. If Sublessee, with Sublessor's consent, takes possession prior to commencement of the term, Sublessee shall do so subject to all the covenants and conditions hereof and shall pay Rent for the period ending with the commencement of the term at the same rental as that prescribed for the first month of the term prorated at the rate of 1/30th thereof
Inability to Deliver Possession. In the event Sublandlord is unable to deliver possession of the Subleased Premises at the commencement of the Sublease Term, Sublandlord shall not be liable for any damage caused thereby, nor shall this Sublease be void or voidable but Subtenant shall not be liable for Rent until such time as Sublandlord offers to deliver possession of the Subleased Premises to Subtenant; nor shall the term hereof be extended by such delay. Notwithstanding the foregoing, in the event that Sublandlord fails to deliver the Subleased Premises to Subtenant on or before December 1, 1996, Subtenant shall have the right to terminate this Sublease and both parties hereto shall be released from their obligations hereunder, except that Sublandlord shall be required to return the Security Deposit and any other funds deposited by Subtenant, to Subtenant.
