Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes in which case the Target Commencement Date shall be extended (“Tenant Delay”):
(i) Tenant’s Representative was not available within 2 business days to give or receive any Communication or to take any other action required to be taken by Tenant hereunder;
(ii) Tenant’s request for Change Requests (as defined in Section 4(a) below) to the extent that they actually result in a delay of Landlord’s Work, whether or not any such Change Requests are actually performed;
(iii) Construction of any Change Requests;
(iv) Tenant’s request for materials, finishes or installations requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Work, provided that promptly after Landlord learns of such long lead time items, Landlord informs Tenant that the requested items will require unusually long lead times;
(v) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s delay in providing information critical to the normal progression of the Project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord;
(vii) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below); or
(viii) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates shall be delayed until the Initial Improvements are substantially complete for each Phase ("Phase 1 and Phase 2 Completion Date" and each a "Completion Date"), except to the extent that the delay is caused by any one or more of the following (a "Tenant Delay"):
(a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or
(b) Contractor's performance of any Change Orders; or
(c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or
(d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or
(e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or
(f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or
(g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.
Commencement Date Delay. The Commencement Date shall occur when Landlord's Work has been Substantially Completed (the "COMPLETION DATE"), except to the extent that completion of Landlord's Work shall have been actually delayed after March 1, 2000, by any one or more of the following causes (a "TENANT CAUSED DELAY"):
(a) Tenant's Representative was not available to give or receive any Communication (in the manner required under the notice provisions contained in Section 44(a) of the Lease) or to take any other action required to be taken by Tenant hereunder;
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”):
(i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder; (ii) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed;
(iii) Construction of any Change Requests;
Commencement Date Delay. Subject to force majeure and Tenant Delay, if the Delivery Date has not occurred on or before the Projected Delivery Date (subject to postponement as set forth in this Section 3.5, the “Outside Date”), then for each day during the period commencing on the day after the Outside Date and expiring on (and including) the date on which the Commencement Date occurs, Tenant shall be entitled to one additional day (in addition to the Free Rent Period) of abatement of Basic Monthly Rent. As indicated by the immediately preceding sentence, the Outside Date shall be postponed one day for each day of force majeure delay or Tenant Delay.
Commencement Date Delay. The Commencement Date shall be delayed until the Initial Improvements have been substantially completed (the "Completion Date"), except to the extent that the delay shall be caused by any one or more of the following (e "Tenant Dela"):
Commencement Date Delay. The parties hereto acknowledge that the right to occupy the Building is currently held by Peek Holding Corporation (“Peek”). In the event that Peek has not surrendered its interest in the Premises to Landlord prior to the Commencement Date, Landlord shall pursue all reasonable legal means to evict Peek or otherwise terminate Peek’s interest, if any, by December 31, 2005. The parties further acknowledge that Tenant is currently occupying the Premises and, provided all rent payments are made as set forth in Section 1.01(h), Landlord shall not contest Tenant’s occupancy. At such time as the interests of Peek are terminated, this Lease shall commence. By so acknowledging Tenant’s occupancy, Landlord does not waive any rights Landlord now has or may have in the future against Peek. The parties further agree to enter into a Memorandum memorializing the Commencement Date in the event of a delay as provided in this Section.
Commencement Date Delay. As provided in Section 5 of the Lease, the Lease Commencement Date shall be delayed until the Tenant Improvements have been substantially completed as certified by the Tenant Improvements' contractor or when Tenant receives possession of the Leased Premises (the "Completion Date"), except to the extent that there is an actual delay in the aggregated caused by any one or more of the following (a "Tenant Delay"):
(a) Tenant's request for Change Orders whether or not any such Change Orders are actually performed; or
(b) Contractor's performance of any Change Orders; or
Commencement Date Delay. The Commencement Date shall be delayed for each day after September 5, 1996 that Landlord fails to make the Lower Level Space and the Office Space available to Tenant for construction of, or preparation for construction of, the Initial Improvements, except to the extent that the delay shall be caused by any act or omission by Tenant, its agents, contractors or persons employed by any of such persons.
Commencement Date Delay. Commencement Date shall be delayed until the Initial Improvements have been substantially completed (the "Completion Date"), except to the extent that the delay shall be caused by any one or more of the following (a "Tenant Delay"):
(a) Tenant's request for Change Orders whether or not any such Change Orders are actually performed; or (b) Contractor's performance of any Change Orders; or
