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Failure to Supply
Failure to Supply contract clause examples

If the Full Floor Expansion Space shall not be available for Tenant’s occupancy on the Anticipated Full Floor Delivery Date for any reason not within the control of Landlord, including the holding over of the prior tenant, then Landlord and Tenant agree that the failure to have the Full Floor Expansion Space available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the Full Floor Expansion Space in the Premises or the obligations of Landlord or Tenant under the Lease, nor shall the same be construed in any way to extend the term of the Lease or impose any liability on Landlord, and for the purpose of this Rider Section 6, the Full Floor Delivery Date shall be deferred to and shall be the date the Full Floor Expansion Space is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 6(g)(i)] 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 the 26th Floor shall not be available for Tenant’s occupancy on the Anticipated 26th Floor Delivery Date for any reason not within the control of Landlord, including the holding over of the prior tenant, then Landlord and Tenant agree that the failure to have the 26th Floor available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the 26th Floor in the Premises or the obligations of Landlord or Tenant under the Lease, nor shall the same be construed in any way to extend the term of the Lease or impose any liability on Landlord, and for the purpose of this Rider Section 4, the 26th Floor Delivery Date shall be deferred to and shall be the date the 26th Floor is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 4(g)(i)] are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.

The Full Floor Expansion Space shall be deemed added to and included in the Premises upon the terms and conditions of the Lease except as otherwise set forth in this Rider Section 6; provided, however, that Tenant shall not be entitled to any rent abatement period, work credit or any other tenant inducement with respect to the Full Floor Expansion Space and Landlord shall not be required to perform any work in connection with Tenant’s initial occupancy thereof (except as otherwise expressly provided in Rider [Section 6(f)(ii)] below);

If the 27th Floor shall not be available for Tenant’s occupancy on the Anticipated 27th Floor Delivery Date for any reason not within the control of Landlord, including the holding over of the prior tenant, then Landlord and Tenant agree that the failure to have the 27th Floor available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the 27th Floor in the Premises or the obligations of Landlord or Tenant under the Lease, nor shall the same be construed in any way to extend the term of the Lease or impose any liability on Landlord, and for the purpose of this Rider Section 5, the 27th Floor Delivery Date shall be deferred to and shall be the date the 27th Floor is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 5(g)(i)] 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 the 25th Floor shall not be available for Tenant’s occupancy on the Anticipated 25th Floor Delivery Date for any reason not within the control of Landlord, including the holding over of the prior tenant, then Landlord and Tenant agree that the failure to have the 25th Floor available for occupancy by Tenant shall in no way affect the validity of the Lease or the inclusion of the 25th Floor in the Premises or the obligations of Landlord or Tenant under the Lease, nor shall the same be construed in any way to extend the term of the Lease or impose any liability on Landlord, and for the purpose of this Rider Section 3, the 25th Floor Delivery Date shall be deferred to and shall be the date the 25th Floor is delivered to Tenant in the delivery condition herein. The provisions of this Rider [Section 3(f)(i)] are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law.

Subject to Rider [Section 6(g)], effective as of the later of # the Anticipated Full Floor Delivery Date, and # the date the Full Floor Expansion Space is delivered to Tenant in the condition required by Rider [Section 6(f)(ii)] (such later date being referred to herein as the “Full Floor Delivery Date”), through and including the Expiration Date:

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