City Delay. Any delay for any amount of time by City in providing notice of default to Owner shall in no event be deemed or constitute a waiver of such default by City of any of its rights and remedies available in law or in equity.
City Delay. Any actual delay in achieving Substantial Completion of the Improvements caused by (1) City’s failure to act within the time periods required herein, excluding any delays caused by Developer’s failure to act or comply with its obligations hereunder and any Force Majeure Delay; (2) gross negligence or intentional misconduct by City materially affecting the performance of the work required to construct the Improvements, (3) changes requested by City to the scope of work for the Improvements after the commencement of construction thereof, other than change orders agreed upon by the Parties, or (4) City’s failure to timely pay when due all undisputed amounts owed by City to Developer.
City Delay. Any of the following (each a “City Delay”) to the extent they necessarily result in unreasonable delays that are not caused or contributed to by XXXX:
City Delay. If Eagle Shadow asserts that a Processing Delay is the result of any unreasonable delay in processing or unreasonable denial of any application, permit, license, request for approval, plan or submittal by the City (a “City Delay”) and if the City disputes such fact, the City and Eagle Shadow shall promptly meet and confer to attempt to resolve such dispute. If City and Eagle Shadow are unable to agree on whether a City Delay has occurred as the result of any unreasonable delay in processing or unreasonable denial of any application, permit, license, request for approval, plan or submittal by the City, the issue shall be resolved as provided in Article 9.27. Notwithstanding anything in this Agreement to the contrary, any mediation pursuant to this Section shall be limited to whether any delay in processing or denial of any application, permit, license, request for approval, plan or submittal by the City is unreasonable.
City Delay. If the Initial Premises Commencement Date is impeded or delayed due to a failure of the City of Louisville (the “City”) to act within the estimated timeframes set forth in the construction schedule (“Project Schedule”) attached as Exhibit D hereto and made a part hereof (each a “City Delay”), then the length in days of such City Delay shall be deducted from the number of days of any rental abatement which Tenant is otherwise entitled to under Section 2.02(a) hereof. By way of example, if there is a City Delay equal to three (3) days, and the Initial Premises Commencement Date occurs on April 25, 2002, then Tenant shall be entitled to an abatement of Rent pursuant to Section 2.03(a) until April 28, 2002 (i.e., abatement for six days for each day after April 19, 2002 that the Initial Premises Commencement Date did not occur, reduced by three days for the City Delay). If Landlord has a reasonable basis to believe there is a condition constituting a City Delay, Landlord shall promptly provide written notice to Tenant setting forth in detail the basis for such belief and evidence of Landlord’s efforts to compel the City to perform its duties within the time periods set forth in the Project Schedule. If Landlord has failed to submit to the City any plans or other documentation necessitated by the City within the time periods set forth in the Project Schedule, then Landlord shall not be entitled to claim there has been a City Delay. No City Delay shall have occurred as defined herein unless Tenant reasonably agrees in writing with the explanation and length of the alleged City Delay set forth in Landlord’s notice. If Tenant disagrees with Landlord’s notice of an alleged City Delay then Tenant shall use reasonable efforts to specify in writing the basis for such disagreement within ten (10) days of receipt of Landlord’s notice, and in any event, Tenant shall specify in writing the specific basis for any such disagreement within forty (40) days after receipt of Landlord’s notice. Notwithstanding the foregoing, if Tenant fails to respond to Landlords’ notice of an alleged City Delay within ten (10) business days of receipt of such notice stating whether or not Tenant agrees or disagrees as to the existence of any alleged City Delay, then Tenant shall be deemed to concur with Landlord’s notice.
