Common use of Outside Completion Date Clause in Contracts

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any Tenant Delay, Tenant shall have the right to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work; and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete the Landlord’s Work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any Tenant Delay), Tenant shall have the right to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Work; and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work such work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work the work to be done by Landlord pursuant to Section 1.1 1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed determines that it will be unable to substantially to complete Landlord’s Additional Premises Work in the Additional Premises described in the Plans Additional Premises Plan on or before July 11, 2015 (the “Outside Completion Date as defined in Section 1.1 of the Lease Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure (as defined in Section 6.1 14.1 of the Lease Original Lease) or any Tenant DelayDelay without limiting Landlord’s other rights on account thereof), then (i) Landlord shall so notify Tenant in writing by June 15, 2015, and (ii) Tenant shall have be entitled to remain in occupancy of up to a total of 10,000 square feet on floors 31 and 32 of the right to terminate Building (the Lease by giving notice to Landlord “Swing Space”), which is a portion of Tenant’s desire to do so before such completion and within the time period from premises Tenant presently occupies under a lease dated March 1, 1978, as amended (the Outside Completion Date “1978 Lease”), notwithstanding the prior occurrence of the “New Expiration Date” (as so extendedsuch term is defined in the Twentieth Amendment dated February 24, 2014 to the 1978 Lease) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes the Landlord’s Work; Additional Premises Work and the Swing Space shall be used by Tenant on all the terms and conditions of the 1978 Lease except Tenant shall have no obligation to pay Base Rent, Tenant’s Proportionate Share of Operating Expenses or Tenant’s Share of Ownership Taxes (as such right of termination terms are defined in the 1978 Lease) with respect to the Swing Space for the period after the New Expiration Date until the date Tenant is required to vacate the Swing Space as provided below. The rights set forth in the prior sentence shall be Tenant’s sole and exclusive remedy remedies for Landlord’s failure so to complete Landlord’s Additional Premises Work within such timeby the Outside Completion Date. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Additional Premises Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date. If applicable, Tenant shall vacate the Swing Space and move into the Additional Premises promptly after Landlord notifies Tenant that the Landlord’s Additional Premises Work is substantially complete.

Outside Completion Date. If Landlord the Commencement Date shall not have failed substantially to complete Landlord’s Work in the Premises described in the Plans occurred on or before the date forty-five (45) days after the Estimated Commencement Date (“First Outside Completion Date as defined in Section 1.1 of the Lease (RC Date”), which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same Landlord’s Work by reason of Landlord’s Force Majeure as defined in Section 6.1 of the this Lease or any act or failure to act of Tenant Delaywhich interferes with the performance of Landlord’s Work, without limiting Landlord’s other rights on account thereof), Tenant shall be entitled to a rent credit against Tenant’s obligation to pay Annual Fixed Rent equal to $2,569.93 for each day between the First Outside RC Date and the earlier to occur of the Commencement Date or the Second RC Date, as hereinafter defined. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work, and thereby automatically extend for each such equivalent day of delay the date of the First Outside Rent Credit Date. Furthermore, if the Commencement Date shall not have occurred on or before the date one hundred twenty (120) days after the Estimated Commencement Date (“Second Outside RC Date”), which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing Landlord’s Work by reason of Force Majeure as defined in Section 6.1 of this Lease or any act or failure to act of Tenant which interferes with the performance of Landlord’s Work, without limiting Landlord’s other rights on account thereof), Tenant shall be entitled to a rent credit against Tenant’s obligation to pay Annual Fixed Rent equal to $5,139.86 for each day between the Second Outside RC Date and the Commencement Date. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work, and thereby automatically extend for each such equivalent day of delay the date of the Second Outside Rent Credit Date. If the Commencement Date shall not have occurred on or before the date one hundred eighty (180) days after the Estimated Commencement Date (“Outside Termination Date”), which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing Landlord’s Work by reason of Force Majeure as defined in Section 6.1 of this Lease or any act or failure to act of Tenant which interferes with the performance of Landlord’s Work, without limiting Landlord’s other rights on account thereof), Tenant shall have the right right, as its sole remedy on account thereof, to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Termination Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended)Termination Date; and, upon the giving of such notice, the term Term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up unless the Premises as required by this Lease at Commencement Date occurs on or before the expiration or earlier termination of the Term) unless, within date thirty (30) days after Landlord’s receipt of such notice, Landlord substantially completes Landlord’s Work; and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing the Landlord’s Work pursuant to Section 1.1 of this Work AgreementWork, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Termination Date. In addition, the Outside Termination Date shall be extended by the number of days that Landlord is delayed in the performance of Landlord’s Work by Force Majeure.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work in the Expansion Premises described in the Plans on or before November 1, 2018 (the “Outside Expansion Premises Completion Date as defined in Section 1.1 of the Lease Date”) (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any act or failure to act of Tenant Delaywhich interferes with Landlord’s construction of the Expansion Premises without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease this First Amendment by giving notice (“Expansion Premises Termination Notice”) to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Expansion Premises Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Expansion Premises Completion Date (as so extended); and, upon the giving of such notice, the term this First Amendment shall be deemed null and void and of the Lease shall cease no further force and come to an end effect without further liability or obligation on the part of either party (and if Tenant is then in occupancyhereunder, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work; and such . Such right of termination to terminate this First Amendment shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time, and in no event shall Tenant have the right to terminate the Lease. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Expansion Premises Completion Date. In the event that Tenant exercises its right to terminate this First Amendment pursuant to this Section 1.2, then Tenant shall remove the Furniture (as defined in Section 5 of this First Amendment) from the Expansion Premises within thirty (30) days of the date of Tenant’s Expansion Premises Termination Notice. Any Furniture which remains in the Expansion Premises after such thirty (30) day period shall be conclusively deemed abandoned and may either be retained by Landlord as its property or sold or otherwise disposed of in such manner as Landlord may see fit.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any act or failure to act of Tenant Delaywhich interferes with Landlord’s construction of the Premises without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work; and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work in the Premises described in the Plans on or before the date that is forty-five (45) days subsequent to the Estimated Commencement Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any Tenant Delay without limiting Landlord’s other rights on account thereof), the Annual Fixed Rent shall be abated by one (1) day for each day beyond the date which is forty-five (45) days subsequent to the Estimated Commencement Date (as so extended) that Landlord fails to substantially complete Landlord’s Work; provided, however, that such rental abatement shall not continue beyond the date which is thirty (30) days subsequent to the Outside Completion Date (as the same may be extended as hereinafter described) regardless if Landlord’s Work is substantially complete as of such date. Furthermore, if Landlord shall have failed substantially to complete Landlord’s Work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any act or failure to act of Tenant Delaywhich interferes with Landlord’s construction of the Premises without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work; . The foregoing rent abatement and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Estimated Commencement Date and the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s 's Work in the New Premises described in the Plans on or before the New Premises Outside Completion Date as defined in Section 1.1 of the Lease First Amendment to which this Work Letter is attached (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s 's Force Majeure as defined in Section 6.1 or any act or failure to act of Tenant which interferes with Landlord's construction of the Lease or any Tenant DelayNew Premises without limiting Landlord's other rights on account thereof), Tenant shall have the right to terminate the Lease this First Amendment with respect to New Premises by giving notice to Landlord of Tenant’s 's desire to do so before such completion and within the time period from the New Premises Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the New Premises Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease this First Amendment with respect to New Premises shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work; and such 's Work respecting New Premises. Such right of termination with respect to New Premises shall be Tenant’s 's sole and exclusive remedy for Landlord’s 's failure so to complete Landlord’s 's Work within such timetime and in no event shall Tenant have a right to terminate the Lease with respect to the Initial Premises for such failure. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s 's Work respecting New Premises pursuant to Section 1.1 of this Work Agreementhereof, and thereby automatically extend for each such equivalent day of delay the date of the New Premises Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work in the Additional Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 of the Lease March 1, 2018 (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any Tenant Delay, without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease solely with respect to the Additional Premises (but not with respect to the Original Premises) by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease solely with respect to the Additional Premises (but not with respect to the Original Premises) shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Work; and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to ----------------------- complete Landlord’s Work the work in the Premises described in Tenant's Plans for the Plans Initial Premises exclusive of the Tenth Floor Space on or before the Outside Completion Date as defined in Section 1.1 of the Lease 1.2 hereof (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s 's Force Majeure as defined in Section 6.1 4.1 or any act or failure to act of Tenant which interferes with Landlord's construction of the Lease or any Tenant DelayPremises, without limiting Landlord's other rights on account thereof), Tenant shall have the right to terminate the this Lease by giving notice to Landlord of Tenant’s 's desire so to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended)after such date; and, upon the giving of such notice, the term of the this Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Workthe work to be performed by Landlord under Tenant's Plans; and such right of termination shall be Tenant’s 's sole and exclusive remedy for Landlord’s 's failure so to complete Landlord’s Work such work within such time. Each day of Tenant Delay delay in delivery of Tenant's Plans beyond the date specified in Section 1.2 or in Tenant's authorization to Landlord to proceed with construction beyond the date for the giving of same specified in Section 1.2 shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work the work to be done by Landlord pursuant to this Section 1.1 of this Work Agreement4.1, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work the work in the Premises described in the Plans on or before the Outside Completion Date as defined in Section 1.1 1.2 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 14.1 of the Lease or any act or failure to act of Tenant Delaywhich interferes with Landlord’s construction of the Premises, without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s Workthe work to be performed by Landlord under the Plans; and such right of termination shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work such work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work the work to be done by Landlord pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s 's Work in the Additional Premises described in the Plans on or before August 15, 2006 (the "Outside Completion Date as defined in Section 1.1 of the Lease Date") (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s 's Force Majeure as defined in Section 6.1 or any act or failure to act of Tenant which interferes with Landlord's construction of the Lease or any Tenant DelayAdditional Premises without limiting Landlord's other rights on account thereof), Tenant shall have the right to terminate the Lease solely with respect to the Additional Premises (but not with respect to the Existing Premises) by giving notice to Landlord of Tenant’s 's desire to do so before such completion and within the time period from the Outside Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the this Lease shall cease and come to an end without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Landlord’s 's Work; and such right of termination shall be Tenant’s 's sole and exclusive remedy for Landlord’s 's failure so to complete Landlord’s 's Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s 's Work pursuant to Section 1.1 of this Work AgreementI, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.

Outside Completion Date. If Landlord shall have failed substantially to complete Landlord’s Work in the Expansion Premises described in the Plans on or before the Outside Expansion Premises Completion Date as defined in Section 1.1 of the Lease (which date shall be extended automatically for such periods of time as Landlord is prevented from proceeding with or completing the same by reason of Landlord’s Force Majeure as defined in Section 6.1 of the Lease or any Tenant DelayDelays, without limiting Landlord’s other rights on account thereof), Tenant shall have the right to terminate the Lease with respect to the Expansion Premises by giving notice to Landlord of Tenant’s desire to do so before such completion and within the time period from the Outside Expansion Premises Completion Date (as so extended) until the date which is thirty (30) days subsequent to the Outside Completion Date (as so extended); and, upon the giving of such notice, the term of the Lease shall cease and come to an end with respect to the Expansion Premises without further liability or obligation on the part of either party (and if Tenant is then in occupancy, Tenant shall yield up the Premises as required by this Lease at the expiration or earlier termination of the Term) unless, within thirty (30) days after receipt of such notice, Landlord substantially completes Substantially Completes Landlord’s Work; and such right of termination with respect to the Expansion Premises shall be Tenant’s sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.