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.
Appears in 3 contracts
Samples: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)
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 reasonably 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 Worktimes, provided that promptly after Landlord learns has advised Tenant of such long lead time items, Landlord informs items and Tenant that the requested items will continued to require unusually such long lead timestime items;
(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(b5(d) 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 1 day 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.
Appears in 3 contracts
Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (Metabolix, Inc.), Lease Agreement (Dimension Therapeutics, Inc.)
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(b5(d) 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 1 day 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. Upon request, Landlord shall advise Tenant of any materials, finishes or installation which are required as part of any Change Request that will result in unusually long lead times.
Appears in 3 contracts
Samples: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been TI 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 within the time period required 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 ProjectLandlord’s Work. 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) 5 below);
(viii) Labor disharmony as a result of non-union labor employed by any contractor or subcontractor engaged by Tenant or any Tenant Party; or
(viiiix) 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s 's Work has been Substantially Completed, except to the extent that completion of Landlord’s '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 Xxxxxx'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 hereunderhereunder within 2 business days following receipt of Communication (whether verbal or otherwise) with respect thereto;
(ii) Tenant’s '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 performedperformed provided that Landlord delivers to Tenant notice of its estimate of a delay caused to address such Change Request (it being acknowledged the actual Tenant Delay is not limited to such estimate);
(iii) Construction of any Change RequestsRequests provided that Landlord delivers to Tenant notice of its estimate of a delay caused to address such Change Request (it being acknowledged the actual Tenant Delay is not limited to such estimate);
(iv) Tenant’s 's request for materials, finishes or installations requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord learns delivers notice (which may be informal via email or verbal) of such long lead time items, Landlord informs Tenant that the requested items will require unusually long (or anticipated lead timestime);
(v) Tenant’s Xxxxxx's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s Xxxxxx's delay in providing information identified by Landlord as critical to the normal progression of the ProjectProject beyond the periods set forth herein (or if no period is specified herein, then the period specified by Landlord in its request to Tenant for such information). Tenant shall provide such critical 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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) below)) beyond the period set forth herein; or
(viii) Any other act or omission (where Xxxxxx has a duty to act) by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that which continues for more than 2 business days after Landlord’s notice thereof (which may be verbal and shall be deemed given if discussed in a construction or design meeting of which Xxxxxx was notified in advance and entitled to Tenantattend). If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect Landlord’s 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.
Appears in 2 contracts
Samples: Lease Agreement (Kymera Therapeutics, Inc.), Lease Agreement (Kymera Therapeutics, Inc.)
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 (a) Subject 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 force majeure (as defined in the Lease) and Subtenant delay, if Sublease Substantial Completion has not occurred on or before the date that is sixty (60) days after the projected Sublease Commencement Date (subject to postponement as set forth in this Paragraph 2.2, the “Sublease Outside Date”), then Subtenant may terminate this Sublease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the Sublease Outside Date.
(b) Termination of this Sublease in accordance with the foregoing subparagraph (a) shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from Subtenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease and except as provided in the remainder of this sentence) and Subtenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord.
(c) In addition to the foregoing, Landlord may at any time give Subtenant and Sublandlord notice that Sublease Substantial Completion will not occur by the Sublease Outside Date, which notice shall also set forth Landlord’s then-current estimate of the date (the “New Date”) on which Sublease Substantial Completion will occur, and Subtenant shall have ten (10) business days after receipt of such notice to exercise the termination right set forth in the foregoing subparagraph (a), or persons employed by any of such persons right will be deemed to have been waived (but such waiver shall not affect the termination right set forth in subparagraph (d) below).
(d) Thereafter, subject to force majeure and Subtenant delay, if Sublease Substantial Completion has not occurred on or before the New Date, then Subtenant may terminate this Sublease on notice given to Sublandlord and Landlord on or before (but not after) the date that continues for more than 2 is ten (10) days after Landlord’s notice thereof to Tenantthe New Date. If Delivery is delayed for any Termination of this Sublease in accordance with 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 immediately preceding sentence shall be effective as of the date of Deliveryreceipt by Sublandlord and Landlord of notice of termination from Subtenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease and except as provided in the remainder of this sentence) and Subtenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord.
Appears in 2 contracts
Samples: Sublease (Vivint Solar, Inc.), Sublease (Vivint Solar, Inc.)
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 3 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 Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, 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(b5(d) 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 one 1 business day 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.
Appears in 2 contracts
Samples: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)
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 hereunderhereunder for more than 2 business days after written notice (which may be by e-mail) from Landlord;
(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 Worktimes, provided that promptly after Landlord learns has advised Tenant of such long lead time items, Landlord informs Tenant that the requested items will require unusually within 3 business days of Tenant’s selection of such long lead timestime items and Tenant continued to require such long lead time items;
(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(b5(d) 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 Tenantpersons. 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.
Appears in 2 contracts
Samples: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has the Tenant Improvements have been Substantially Completed, except to the extent that completion of Landlord’s Work the Tenant Improvements 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 has advised Tenant of such long lead time items, Landlord informs items and Tenant that the requested items will continued to require unusually such long lead timestime items;
(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 3 business days 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(b5(c) 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Eleven Biotherapeutics, Inc.), Lease Agreement (Eleven Biotherapeutics, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises The Commencement Date shall occur when Landlord’s Work has been Substantially Completedon Delivery (the "COMPLETION DATE"), except to the extent that completion of Landlord’s Work Delivery 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”a "TENANT DELAY"):
(i) Tenant’s '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 '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 '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 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s '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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) below); or
(viii) Any other act or or, where Tenant has an obligation to act, omission by Tenant or any Tenant Party (as defined in the Lease)Party, or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date 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 completed but for such Tenant Delay and such certified date shall be the date of DeliveryCommencement Date under the Lease.
Appears in 2 contracts
Samples: Lease Agreement (Acusphere Inc), Lease Agreement (Acusphere Inc)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s 's Work has been Substantially Completed, except to the extent that completion of Landlord’s '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 '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 '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 '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 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s '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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) 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 Tenantpersons. 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.
Appears in 2 contracts
Samples: Lease Agreement (Heat Biologics, Inc.), Lease Agreement (Heat Biologics, Inc.)
Commencement Date Delay. Except The Commencement Date shall be delayed as otherwise provided set forth in Paragraph 1 of the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completedexcept, except as set forth in said Paragraph 1, to the extent that completion of Landlord’s Work shall have been the delay is actually delayed caused solely by any one or more of the following causes in which case the Target Commencement Date shall be extended (each, a “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;
(iia) Tenant’s request for Change Requests Orders (as defined in Section 4(awhether or not such Change Orders are actually performed) below) and the contractor’s performance of any approved Change Orders, except to the extent that they actually result the delay exceeds any estimated delay set forth in a any Landlord delay of Landlord’s Work, whether or not any such estimate for the Change Requests are actually performedOrder concerned;
(iii) Construction of any Change Requests;
(ivb) 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 Worktimes, provided that promptly after Landlord learns gives notice to Tenant of such long lead times at the time items, Landlord informs Tenant that the requested items will require unusually long lead timesof Tenant’s request or as soon thereafter as is reasonably practicable;
(vc) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth hereinin this Exhibit;
(vid) Tenant’s delay in providing information critical to the normal progression of the Project. Tenant Improvements (Tenant shall provide such information as soon as reasonably possiblepracticable, but in no event longer than one week three (3) business days after receipt of any such request for such information from Landlord);
(viie) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below); orcosts of the Change Orders;
(viiif) Any any other act or omission by Tenant or any Tenant Party (as defined in the Lease), its agents or contractors 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 actually causes a delay of the Commencement Date; or
(g) the failure of any of the foregoing reasonsfollowing to occur on or before the date set forth (unless such failure is caused by someone other than Tenant): Matters to be Accomplished Dates by which to be Accomplished Lease fully executed and delivered by Tenant May 5, 2014 Final space plan for the Premises approved by Tenant May 9, 2014 All Tenant finishes selected and approved by Tenant May 20, 2014 Final construction drawings for the Premises approved by Tenant May 23, 2014 If Substantial Completion is delayed by reason of Tenant Delay, then Landlord shall cause the TI Architect Landlord’s architect to certify the date on which the Tenant Improvements Substantial Completion would have been Substantially Completed occurred but for such Tenant Delay and such certified Delay, which date shall be the date Commencement Date for all purposes of Deliverythe Lease; provided, however, that if Tenant objects to the decision of Landlord’s architect by giving notice to Landlord within five (5) business days after receipt of such certification, the dispute shall be resolved by an independent architect mutually selected by the Parties, acting reasonably, the cost of which architect shall be shared equally by the Parties. Landlord shall use its best efforts to provide Tenant with notice of any Tenant Delay as soon as reasonably practicable.
Appears in 2 contracts
Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Tl 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 3 business days to give or receive any Communication or to take any other action required to be taken by Tenant within the time period required 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 Landlord’s Work within the Projecttime period required hereunder (or, if no time period is provided for hereunder, 2 business days). 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 Tl Costs (as defined in Section 5(b) 5 below);
(viii) Labor disharmony as a result of non-union labor employed by any contractor or subcontractor engaged by Tenant or any Tenant Party; or
(viiiix) 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 business days after Landlord’s written notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Rubius Therapeutics, Inc.), Lease Agreement (Rubius Therapeutics, Inc.)
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 DelayDelays”):
(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 of such lead timestime in advance of proceeding with such work;
(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(b5(d) 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 persons. Landlord shall use reasonable efforts to notify Tenant of the existence of any Tenant Delay promptly after Landlord’s notice thereof to Tenantthe commencement of the same. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Tl Substantially Completed, except to the extent that completion Tl Substantial 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;long
(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 ProjectLandlord’s Work. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week 5 business days after receipt of any request for such information from Landlord;
(vii) Tenant’s delay in making payments to Landlord for Excess TI Tl Costs (as defined in Section 5(b) 5 below);
(viii) Labor disharmony as a result of non-union labor employed by any contractor or subcontractor engaged by Tenant or any Tenant Party; or
(viiiix) 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 Tenantpersons. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery. Landlord shall take such measures as Landlord determines are commercially reasonable under the circumstances, without cost or expense to Landlord, to mitigate the effects of any Tenant Delay.
Appears in 2 contracts
Samples: Lease Agreement (Tcr2 Therapeutics Inc.), Lease Agreement (Tcr2 Therapeutics Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Tl 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 within the time period required 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 ProjectLandlord’s Work. 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 T! Costs (as defined in Section 5(b) 5 below);
(viii) Labor disharmony as a result of non-union labor employed by any contractor or subcontractor engaged by Tenant or any Tenant Party; or
(viiiix) 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 Tenantpersons. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)
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 hereunderhereunder for more than 2 business days after written notice (which may be by e-mail) from Landlord;
(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;; Work Letter – Landlord Build 400 E. Xxxxx Xxxxx/Global Blood Therapeutics - Page 4
(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 Worktimes, provided that promptly after Landlord learns has advised Tenant of such long lead time items, Landlord informs Tenant that the requested items will require unusually within 3 business days of Tenant’s selection of such long lead timestime items and Tenant continued to require such long lead time items;
(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(b5(d) 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 Tenantpersons. 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.
Appears in 2 contracts
Samples: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)
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 Tenantpersons. 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.
Appears in 2 contracts
Samples: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)
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 after written notice from Landlord 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 itemstimes, Landlord informs Tenant in writing 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 written request for such information from Landlord;
(vii) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) 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 1 business day after Landlord’s written 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.
Appears in 2 contracts
Samples: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)
Commencement Date Delay. Except (a) Subject to force majeure and Tenant Delay, if Substantial Completion has not occurred on or before the date that is sixty (60) days after the Projected Commencement Date (subject to postponement as otherwise set forth in this Paragraph 3.2, the “Outside Date”), then Tenant may terminate this Lease on notice given to Landlord on or before (but not after) the date that is ten (10) days after the Outside Date. 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, and shall also be postponed one day for each day after the respective dates set forth below that any of the following matters are actually accomplished: Matters to be Accomplished Dates by which to be Accomplished Lease fully executed and delivered by the Parties May 5, 2014 Final space plan for the Premises approved by the Parties May 9, 2014 All Tenant finishes selected and approved by Tenant May 20, 2014 Final construction drawings for the Premises approved by the Parties May 23, 2014
(b) Termination of this Lease in accordance with the foregoing subparagraph (a) shall be effective as of the date of receipt by Landlord of notice of termination from Tenant, the Parties shall thereafter be released and discharged from all further obligations under this Lease (except for any obligations that expressly survive Lease end and except as provided in the Leaseremainder of this sentence) and Tenant shall receive a refund of any Security Deposit and prepaid Basic Monthly Rent actually received by Landlord.
(c) In addition to the foregoing, Delivery Landlord may at any time give Tenant notice that Substantial Completion will not occur by the Outside Date, which notice shall also set forth Landlord’s then-current estimate of the Premises shall occur when Landlord’s Work has been Substantially Completeddate (the “New Date”) on which Substantial Completion will occur, except to the extent that completion of Landlord’s Work and Tenant shall have been actually delayed by any one or more of the following causes in which case the Target Commencement Date shall be extended ten (“Tenant Delay”):
(i10) 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;
notice to exercise the termination right set forth in the foregoing subparagraph (vii) Tenant’s delay a), or such right will be deemed to have been waived (but such waiver shall not affect the termination right set forth in making payments to Landlord for Excess TI Costs subparagraph (as defined in Section 5(bd) below); or.
(viiid) Any other act Thereafter, subject to force majeure and Tenant Delay, if Substantial Completion has not occurred on or omission by before the New Date, then Tenant may terminate this Lease on notice given to Landlord on or any Tenant Party before (as defined in but not after) the Lease), or persons employed by any of such persons date that continues for more than 2 is ten (10) days after Landlord’s notice thereof to Tenantthe New Date. If Delivery is delayed for any Termination of this Lease in accordance with 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 immediately preceding sentence shall be effective as of the date of Deliveryreceipt by Landlord of notice of termination from Tenant, the Parties shall thereafter be released and discharged from all further obligations under this Lease (except for any obligations that expressly survive Lease end and except as provided in the remainder of this sentence) and Tenant shall receive a refund of any Security Deposit and prepaid Basic Monthly Rent actually received by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)
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(b5(d) 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Sirna Therapeutics Inc), Lease Agreement (Sirtris Pharmaceuticals, Inc.)
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 1 business days day following Landlord’s written notice 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 Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, 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 ProjectProject within 1 business day following written request from Landlord therefor. 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(b5(d) 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 1 business day after Landlordlandlord’s written 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 Landlord’s Work would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 2 contracts
Samples: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)
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 1 business days day 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 1 day 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.
Appears in 1 contract
Samples: Lease Agreement (OvaScience, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Landlords’ 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 hereunderhereunder for more than 2 business days after written notice (which may be by e-mail) from Landlord;
(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 Worktimes, provided that promptly after Landlord learns has advised Tenant of such long lead time items, Landlord informs Tenant that the requested items will require unusually within 3 business days of Tenant’s selection of such long lead timestime items and Tenant continued to require such long lead time items;
(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(b5(d) below); or
(viiivii) 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 Tenantpersons. 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.
Appears in 1 contract
Commencement Date Delay. Except The Commencement Date shall be delayed as otherwise provided set forth in Paragraph 1 of the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completedexcept, except as set forth in said Paragraph 1, to the extent that completion of Landlord’s Work shall have been the delay is actually delayed caused solely by any one or more of the following causes in which case the Target Commencement Date shall be extended (each, a “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;
(iia) Tenant’s request for Change Requests Orders (as defined in Section 4(awhether or not such Change Orders are actually performed) below) and the contractor’s performance of any approved Change Orders, except to the extent that they actually result the delay exceeds any estimated delay set forth in a any Landlord delay of Landlord’s Work, whether or not any such estimate for the Change Requests are actually performedOrder concerned;
(iii) Construction of any Change Requests;
(ivb) 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 Worktimes, provided that promptly after Landlord learns gives notice to Tenant of such long lead times at the time items, Landlord informs Tenant that the requested items will require unusually long lead timesof Tenant’s request or as soon thereafter as is reasonably practicable;
(vc) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth hereinin this Exhibit;
(vid) Tenant’s delay in providing information critical to the normal progression of the Project. Tenant Improvements (Tenant shall provide such information as soon as reasonably possiblepracticable, but in no event longer than one week three (3) business days after receipt of any such request for such information from Landlord);
(viie) Tenant’s delay in making payments to Landlord for Excess costs of the Tenant Improvements and/or Change Orders in excess of the TI Costs (as defined in Section 5(b) below); orAllowance;
(viiif) Any any other act or omission by Tenant or any Tenant Party (as defined in the Lease), its agents or contractors 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 actually causes a delay of the Commencement Date; or
(g) the failure of any of the foregoing reasonsfollowing to occur on or before the date set forth (unless such failure is caused by someone other than Tenant): Matters to be Accomplished Dates by which to be Accomplished Lease fully executed and delivered by Tenant September 15, 2014 Final space plan for the Premises approved by Tenant April 1, 2015 Final construction drawings for the Premises approved by Tenant June 1, 2015 If Substantial Completion is delayed by reason of Tenant Delay, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements Substantial Completion would have been Substantially Completed occurred but for such Tenant Delay and such certified Delay, which date shall be the date Commencement Date for all purposes of Deliverythe Lease; provided, however, that if Tenant objects to the decision of the Architect by giving notice to Landlord within five (5) business days after receipt of such certification, the dispute shall be resolved by an independent architect mutually selected by the Parties, acting reasonably, the cost of which architect shall be shared equally by the Parties. Landlord shall use its best efforts to provide Tenant with notice of any Tenant Delay as soon as reasonably practicable.
Appears in 1 contract
Samples: Lease Agreement (Vivint Solar, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Tl 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 within the time period required 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 ProjectLandlord’s Work. 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 Tl Costs (as defined in Section 5(b) 5 below);
(viii) Labor disharmony as a result of non-union labor employed by any contractor or subcontractor engaged by Tenant or any Tenant Party; or
(viiiix) 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 Tenantpersons. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 hereunderhereunder within 1 business day after written notice from Landlord;
(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(b5(d) 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 which continues for more than 2 days 1 business day after written notice from 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.
Appears in 1 contract
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 Tl Costs (as defined in Section 5(b5(d) 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 1 day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl 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.
Appears in 1 contract
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 Tl Costs (as defined in Section 5(b5(d) 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 Tenantpersons. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The Commencement Date shall be delayed until the Lease, Delivery of Initial Improvements have been substantially completed (the Premises shall occur when Landlord’s Work has been Substantially Completed"Completion Date"), except to the extent that completion of Landlord’s Work the delay shall have been actually delayed be caused by any one or more of the following causes in which case the Target Commencement Date shall be extended (“a "Tenant Delay”"):
(ia) 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 '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, Orders whether or not any such Change Requests Orders are actually performed;; or
(iiib) Construction Contractor's performance of any Change Requests;Orders; or
(ivc) Tenant’s '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(it being agreed by Landlord that, provided that promptly after Landlord learns Tenant makes selections of such long lead time itemsmaterials and finishes from Landlord's existing list of Building standard items that are currently available, Landlord informs Tenant that the requested items will initially approved Plans do not require materials, finishes or installations requiring unusually long lead times;); or
(vd) [Intentionally Omitted]; or
(e) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s 's delay in providing information critical necessary to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer not later than one week three business days after receipt of any such request for such information from the Landlord;; or
(viif) Tenant’s 's delay beyond applicable notice and cure periods in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)costs of Change Orders; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof persons; or
(h) Tenant's failure to Tenantduly execute and unconditionally execute this Lease to Landlord on or before October 6, 2000. If Delivery the Commencement Date is delayed for any of the foregoing aforementioned reasons, then Landlord shall cause the TI Architect Landlord's architect to certify the date on which the Tenant Initial Improvements would have been Substantially Completed completed but for such Tenant Delay, or were in fact completed without any Tenant Delay. Landlord or Landlord's agent, Dean Xxxxxx xx LaVista Associates, shall notify Tenant of any Tenant Delay and within five (5) days of the occurrence of the event causing such certified date delay, unless Tenant is already aware or should have been aware of the existence of such Tenant Delay, it being the intention that such requirement to give notice shall be applicable only in circumstances that Tenant would not reasonably be expected to know that an event has caused or will cause a Tenant Delay. If Landlord or Landlord's agent fails to timely give such notice of a Tenant Delay in circumstances that Tenant would not reasonably be expected to know that an event has caused or will cause a Tenant Delay, such failure shall result in the date delay not being a Tenant Delay. Landlord and Tenant expressly agree that, notwithstanding anything to the contrary in Section 32 of Deliverythe Lease, (i) for purposes of providing notices to Tenant of a Tenant Delay, Landlord shall be permitted to send such notices to Tenant via facsimile to Tenant at facsimile number 404.297.8588, Attn: Mr. Xxxxxx Xxxxxxxx, and via any other method specifically permitted for the delivery of notices under this Lease, at the following address: Serologicals Corporation, 780 Xxxx Xxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000, Xxtn: Mr. Xxxxxx Xxxxxxxx, and (ii) any such notice sent by facsimile only shall be deemed sufficient notice.
Appears in 1 contract
Samples: Lease Agreement (Serologicals Corp)
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 1 business days day 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 Tl Costs (as defined in Section 5(b) below); or
(viii) Any other act or omission at the Premises 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 one (1) day after LandlordLxxxxxxx’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 of notice from Landlord, the Tl Architect or the General Contractor 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 Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, 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 Tl 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 1 day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl 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.
Appears in 1 contract
Commencement Date Delay. Except Expansion Space Commencement Date shall be delayed until the Initial Improvements have been substantially completed as otherwise provided in evidenced by a certificate of occupancy issued by the Lease, Delivery of appropriate governmental authority (the Premises shall occur when Landlord’s Work has been Substantially Completed"Completion Date"), except to the extent that completion of Landlord’s Work the delay shall have been actually delayed be caused by any one or more of the following causes in which case the Target Commencement Date shall be extended (“a "Tenant Delay”"):
(ia) 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 '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, Orders whether or not any such Change Requests Orders are actually performed;; or
(iiib) Construction Contractor's performance of any Change Requests;Orders; or THIS FIRST AMENDMENT TO LEASE is by and between CarrAmerica Realty Corporation, a Maryland corporation ("Landlord") and Concord Camera Corp., a New Jersey corporation ("Tenant")
(ivc) Tenant’s '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;; or
(vd) Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;; or
(vie) Tenant’s 's delay in providing information critical to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any such request for such information from the Landlord;; or
(viif) Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined costs of the Initial Improvements and/or Change Orders in Section 5(b) below)excess of the Landlord's Contribution; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is delayed for any of the foregoing reasonsreason, then Landlord shall cause the TI Landlord's Architect to certify the date on which the Tenant Initial Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of DeliveryDelay, or were in fact completed without any Tenant Delay.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises The Commencement Date shall occur when Landlord’s Work has been Substantially Completedon Delivery (the "COMPLETION DATE"), except to the extent that completion of Landlord’s Work Delivery 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”a "TENANT DELAY"):
(i) Tenant’s '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 '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 '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 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s '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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) below); or
(viii) Any other act or or, where Tenant has an obligation to act, omission by Tenant or any Tenant Party (as defined in the Lease)Party, or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date 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 completed but for such Tenant Delay and such certified date shall be the date of DeliveryCommencement Date under the Lease.
Appears in 1 contract
Samples: Lease Agreement (Acusphere Inc)
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 1 business days day 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 following Landlord’s written notice 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 Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, Landlord informs Tenant that the requested items will require required 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(b5(d) 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 1 business day after Landlord’s written 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Expansion 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 1 business days day 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of The Rent Commencement Date for the Premises shall occur when Landlord’s Work has been Substantially Completed, except to be delayed beyond the extent that completion of Landlord’s Work shall target Rent Commencement Date until the Initial Improvements have been substantially completed, and such date shall be the Completion Date (the “Completion Date”). Notwithstanding the foregoing, if the Rent Commencement Date is actually delayed by because of any one or more of the following causes in which case (a “Tenant Delay”), the Target Rent Commencement Date shall be extended (“the day the Initial Improvements would have been substantially completed but for such Tenant Delay”)::
(ia) TenantContractor’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 performance of any Change Requests;Orders; or
(ivb) Tenant’s request for materials, finishes or installations requiring unusually long lead times which are not within Building standard selection for such materials (except to the extent they actually result in a delay such materials, finishes and installations have been already identified on Schedule 1 or Schedule 2 as being part of Landlord’s Workthe Initial Improvements), provided that promptly after Landlord learns of such long lead time items, Landlord informs Tenant that the requested items will and require unusually long lead times;; or
(vc) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods time period set forth herein;; or
(vid) Tenant’s delay in providing information critical to the normal progression construction of the ProjectInitial Improvements. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week fourteen days after receipt of any a written request for such information from the Landlord;; or
(viie) Subject to Section 3 above, Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)costs of Change Orders; or
(viiif) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors 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 which actually causes delay in the construction of the foregoing reasonsInitial Improvements. Upon the occurrence of any alleged Tenant Delay, then Landlord shall promptly notify Tenant thereof. At the completion of the Initial Improvements, Landlord shall cause the TI Architect Landlord’s contractor or architect to certify the date on which the Tenant Initial Improvements would have been Substantially Completed completed but for such Tenant Delay Delay, and such certified date shall be the date of DeliveryRent Commencement Date.
Appears in 1 contract
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 during normal business days hours 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 Worktimes, provided that promptly after Landlord learns informed Tenant in writing at the time of such long lead time items, Landlord informs Tenant Tenant’s request that the requested items will would 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 Tl 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 Tenantpersons. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The parties acknowledge and agree that the Lease, Delivery Commencement Date of the Premises Lease shall not occur when Landlord’s Work has prior to the date that the Initial Improvements have been Substantially Completedsubstantially completed (the “Completion Date”); provided, except however, the Commencement Date shall not be deferred to or beyond the Completion Date to the extent that completion of Landlord’s Work shall have been actually delayed by Lessor Lessee any one or more of the following causes in which case the Target Commencement Date shall be extended (a “Tenant Lessee Delay”):), has caused the Completion Date to occur after the date specified in the Schedule as the intended “Commencement Date”:
(ia) 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) TenantXxxxxx’s request for Change Requests (as defined in Section 4(a) below) Orders to the extent that they actually result in a delay of Landlord’s Work, whether or not any such Change Requests are Orders actually performed;cause a delay; or
(iiib) Construction of any Change Requests;Intentionally Omitted
(ivc) TenantXxxxxx’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;; or
(vd) TenantXxxxxx’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;; or
(vie) TenantXxxxxx’s delay in providing information critical to the normal progression of the Projectproject. Tenant Lessee 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;; or
(viif) TenantLessee’s delay in making payments to Landlord Lessor for Excess TI Costs (as defined costs of the Initial Improvements and/or Change Orders in Section 5(b) below)excess of the Lessor Contribution; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Lessee, its agents, contractors or persons employed by any of such persons persons, to the extent a delay results therefrom. Xxxxxx agrees to use reasonable efforts to notify Xxxxxx of any circumstances or acts or omissions of Xxxxxx that continues for more than 2 days after Landlord’s notice thereof to Tenantconstitute a Xxxxxx Xxxxx hereunder. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify Completion Date occurs after the date specified in Section 1 of Appendix D as the intended “Commencement Date” and such delay has resulted from a Lessee Delay, then, for purposes of this Lease, the Completion Date shall be deemed to be the date, determined in Lessor’s sole discretion, on which the Tenant Initial Improvements would have been Substantially Completed substantially completed but for such Tenant Delay and such certified date any Lessee Delay. For purposes hereof, the Initial Improvements shall be deemed to be “substantially completed” at such time as Lessor has certified to Lessee that (i) Lessor has completed the date Initial Improvements in substantial conformance with the Plans, subject only to Punch List Items, (ii) Lessor has tendered possession of Deliverythe Premises to Lessee, and (iii) Lessor has obtained any required certificates of occupancy necessary to permit Lessee to occupy the Premises.
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Second Expansion 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 1 business days day 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 reasonably 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(b5(d) 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 1 day 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. Upon request, Landlord shall advise Tenant of any materials, finishes or installation which are required as part of any Change Request that will result in unusually long lead times.
Appears in 1 contract
Samples: Sublease (Kura Oncology, Inc.)
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 the 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)Costs; 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 Tenantpersons. 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 Landlord’s Work would have been Substantially Completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 failure to give comply with any time deadlines in this Work Letter, or receive any Communication or to take any other action required to be taken breach by Tenant hereunderof the terms of this Work Letter;
(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 if Tenant requires such items notwithstanding Landlord’s Work, provided that promptly after Landlord learns notice to Tenant of the lack of availability 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 the TI Fund for Excess TI Costs (as defined in Section 5(b5(d) below);
(viii) Delays resulting from the process of selecting and retaining a TI GC other than DPR; or
(viiiix) Any other act Delay in delivery or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by incomplete delivery of any of such persons that continues for more than 2 days after Tenant’s pilot plant equipment as required per the schedule provided by Landlord, and any delays caused by Tenant’s Work associated with the start-up testing and commissioning of the pilot plant equipment which interferes with Landlord’s notice thereof Work, subject to Tenantthe terms and conditions of Section 6(b) below. If Delivery Substantial Completion of the Landlord’s Work 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Samples: Lease Agreement (Verenium Corp)
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 the Landlord’s Work shall have been actually delayed beyond the Target Commencement Date or Building 4 Target Commencement Date, as applicable, 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 hereunderhereunder within the time period set DocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Buildings B3 and B4/Singular - Page 6 forth in this Work Letter (or, if no time period is set forth in this Work Letter, then within 3 business days after written notice from Landlord);
(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 Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, 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 Warm Up/TI Costs (as defined in Section 5(b) below)Costs; 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 which continues for more than 2 days 3 business day after written notice from 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 Landlord’s Work would have been Substantially Completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Expansion Premises shall occur when Landlord’s Work in the Expansion Premises has been Substantially Completed, except to the extent that completion of Landlord’s Work in the Expansion premises 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 (excluding those specifically identified in the approved TI Construction Drawings) requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, Landlord informs Tenant in writing 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(b5(d) 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 Tenantpersons. 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.
Appears in 1 contract
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 Substantial 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) Neither of Tenant’s Representative Representatives was not available within 2 3 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 RequestsRequests subject to Section 4 below;
(iv) TenantXxxxxx’s request for materials, finishes or installations requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord Xxxxxxxx learns of such long lead time itemstimes, Landlord informs Tenant Xxxxxx 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 Projectwork. 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(b5(d) 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 3 business days after LandlordXxxxxxxx’s written 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 within 1 business day following Xxxxxxxx’s written request, 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(b5(d) 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 1 business day following Landlord’s written notice thereof to TenantTenant thereof. 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the The Suite B Premises shall occur be Delivered when Landlord’s 's Work has been Substantially Completed, except to the extent that completion of Landlord’s 's Work shall have has been actually delayed by any one or more of the following causes in which case the Target Commencement Date shall be extended (“Tenant Delay”a "TENANT DELAY"):
(i) a. Tenant’s '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) b. Tenant’s '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) c. Construction of any Change Requests;
(iv) d. Tenant’s '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) e. Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) f. Tenant’s 's delay in providing information critical to the normal progression of the Projectproject. 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) g. Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)Costs; or
(viii) h. Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If the Delivery of the Suite B Premises 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 completed but for such Tenant Delay and such certified date shall be the date of DeliveryDelivery of the Suite B Premises under the Lease.
Appears in 1 contract
Commencement Date Delay. Except The Commencement Date shall be delayed until the Substantial Completion of the Tenant Improvements (as otherwise provided defined 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 the delay shall have been actually delayed be caused by any one or more of the following causes in which case the Target Commencement Date shall be extended (“a "Tenant Delay”"):
(ia) 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 '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, Orders whether or not any such Change Requests Orders are actually implemented or performed;; or
(iiib) Construction Contractor's performance of any Change Requests;Orders; or
(ivc) Tenant’s '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;; or
(vd) Tenant’s 's delay in reviewing, revising or approving plans and specifications the Tenant Improvements Plans beyond the periods set forth herein;herein (or in the Construction Schedule); or
(vie) Tenant’s 's delay in providing performing any of its obligations under the Lease or this Agreement (including, without limitation, the failure to provide information critical to the normal progression of the Projectconstruction of the Tenant Improvements). Tenant shall perform such obligations and/or provide such information as soon as reasonably possible, but in no event later than the time period set forth herein or in the Construction Schedule (or if none is stated, then in no event longer than one week five (5) business days after such performance is required, or if applicable after the receipt of any such request for such information from the Landlord;); or
(viif) Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)Tenant Improvements Costs; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s which causes a delay in the normal progression of the Tenant Improvements work, and Landlord agrees to provide written notice thereof to TenantTenant of such acts so, if possible, Tenant can take corrective action to avoid further Tenant Delays as a result of such acts; or
(h) Any other "Tenant Delay" described elsewhere in this Agreement or the Lease. If Delivery the Commencement Date is delayed for any of beyond the foregoing reasonsdate set forth in the Construction Schedule due to a Tenant Delay, then Landlord shall cause the TI Landlord's Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and Delay, or were in fact completed without any Tenant Delay, then such certified date shall constitute the Commencement Date for all purposes hereunder and Landlord and Tenant shall execute the Commencement Date Confirmation, attached hereto as Exhibit B, confirming such date. Notwithstanding the foregoing, Landlord agrees that it shall not cause the Architect to adjust the Commencement Date as provided in the prior paragraph if the Commencement Date is delayed by less than thirty (30) calendar days (which shall be deemed the date equivalent of Deliverytwenty-one (21) business days for purposes of the Construction Schedule) as a result such Tenant Delay.
Appears in 1 contract
Samples: Lease (Clarify Inc)
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(b5(d) 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 Tenantpersons. 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The parties acknowledge and agree that the Lease, Delivery Commencement Date of the Premises Lease shall not occur when Landlord’s Work has prior to the date that the Initial Improvements have been Substantially Completedsubstantially completed (the “Completion Date”); provided, except however, the Commencement Date shall not be deferred to or beyond the Completion Date 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 (a “Tenant Delay”):), has caused the Completion Date to occur after the Intended Completion Date:
(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;
(iia) Tenant’s request for Change Requests (as defined in Section 4(a) below) Orders to the extent that they actually result in a delay of Landlord’s Work, whether or not any such Change Requests are Orders actually performed;cause a delay; or
(iiib) Construction Contractor’s performance of any Change Requests;Orders, to the extent a delay results therefrom; or
(ivc) 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;; or
(vd) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;; or
(vie) Tenant’s delay in providing information critical to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any such request for such information from the Landlord;; or
(viif) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)costs of the Change Orders; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons persons, to the extent a delay results therefrom. Landlord agrees to use reasonable efforts to notify Tenant of any circumstances or acts or omissions of Tenant that continues constitute a Tenant Delay hereunder. If the Completion Date occurs after the Intended Completion Date, and such delay has resulted from a Tenant Delay, then, for more than 2 days after purposes of this Lease, the Completion Date shall be deemed to be the date, determined in Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasonssole discretion, then Landlord shall cause the TI Architect to certify the date on which the Tenant Initial Improvements would have been Substantially Completed substantially completed but for such any Tenant Delay and such certified date Delay. For purposes hereof, the Initial Improvements shall be deemed to be “substantially completed” at such time as Landlord has certified to Tenant that (i) Landlord has completed the date Initial Improvements in substantial conformance with the Plans, subject only to Punch List Items, (ii) Landlord has tendered possession of Deliverythe Premises to Tenant, and (iii) Landlord has obtained any required certificates of occupancy necessary to permit Tenant to occupy the Premises. Landlord shall complete Punch List Items within thirty (30) days after the Commencement Date, and, for a period of one (1) year after the Commencement Date, Landlord shall promptly repair or correct any latent defects in the Initial Improvements, provided that Tenant gives Landlord written notice thereof within said one-year period.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The Commencement Date shall be delayed until the Lease, Delivery date by which both of the Premises shall occur when Landlord’s Work following have occurred:
(i) the Temporary Certificate has been Substantially Completedissued; and
(ii) the parking stalls constituting Tenant’s Parking Stall Allocation are, in fact, available for use by Tenant, except to the extent that completion of Landlordthe delay is caused by and actually results from Tenant’s Work shall have been actually delayed by actions due to any one or more of the following causes (a “Tenant Delay”), in which case case, for each day of Tenant Delay, the Target Commencement Date shall be extended advanced forward (“Tenant Delay”):and occur earlier) by one day:
(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;
(iia) 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 WorkOrders, whether or not any such Change Requests Orders are actually performed;
(iiib) Construction the contractor’s performance of any Change RequestsOrders;
(ivc) 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;
(vd) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vie) Tenant’s delay in providing information critical to the normal progression of the Project. project (Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week two weeks after receipt of any such request for such information from Landlord);
(viif) Tenant’s delay in making payments to Landlord for Excess costs of the Tenant Improvements and/or Change Orders in excess of the TI Costs Allowance;
(as defined g) Tenant’s delay in Section 5(bpreparing or finalizing the Tenant Improvement Plans in accordance with Paragraph 1(e) below)of this Exhibit;
(h) Tenant’s involvement in the bidding process under Paragraph 1(f) of this Exhibit;
(i) the delivery or installation of Tenant’s furniture, fixtures and equipment including, without limitation, if such delivery or installation (i) delays Landlord’s completion of its construction obligations, or (ii) delays the issuance of the Temporary Certificate; or
(viiij) Any any other act or omission by Tenant or any Tenant Party (as defined in the Lease), its agents or contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is delayed for any by reason of the foregoing reasonsTenant Delay, then (y) Landlord shall cause the TI Architect Landlord’s architect to certify the date on which the Tenant Improvements Commencement Date would have been Substantially Completed occurred but for such Tenant Delay Delay; provided, however, that if Tenant objects to the decision of Landlord’s architect by giving written notice to Landlord within five (5) business days after receipt of such certification, such dispute shall be resolved by an independent architect mutually selected by Landlord and Tenant, acting reasonably and in good faith, the cost of which shall be shared equally by Landlord and Tenant, and (z) the date on which the Commencement Date would have occurred but for such certified date Tenant Delay, as established pursuant to the foregoing subparagraph (y), shall be the date Commencement Date for all purposes of Deliverythe Lease.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The Commencement Date shall be delayed until the Lease, Delivery of Tenant Improvements have been substantially completed (the Premises shall occur when Landlord’s Work has been Substantially Completed, "Completion Date"). except to the extent that completion of Landlord’s Work the delay shall have been actually delayed be caused by any one or more of the following causes in which case the Target Commencement Date shall be extended (“a "Tenant Delay”"):
(ia) 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 '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, Orders whether or not any such Change Requests Orders are actually performed;; or
(iiib) Construction Contractor's performance of any Change Requests;Orders; or
(ivc) Tenant’s 's request for materials, finishes or installations in excess of the Tenant Improvement Requirements 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;; or
(vd) [Intentionally Omitted]
(e) Tenant’s delay in reviewing's delay, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s delay following receipt of written request therefor, in providing information critical to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one (1) week after receipt of any such written request for such information from the Landlord;; or
(viif) Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)costs of Change Orders; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is delayed for any of the foregoing reasonsdue to a Tenant Delay, then Landlord shall cause the TI Landlord's Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay Delay, and such certified date shall be deemed to be the Commencement Date If the Commencement Date is delayed for any other reason, then Landlord shall cause Landlord's Architect to certify the date on which the Tenant Improvements were in fact completed, and such date shall be the date Commencement Date. Upon substantial completion of Deliverythe Tenant Improvements, the parties will conduct a walkthrough inspection to identify any missing or nonconforming work, and prepare a "Punch List" thereof, and neither party shall unreasonably withhold approval concerning any such items. So long as Tenant's ability to use and occupy the Premises is not materially or adversely affected thereby, the existence of "Punch List" items to be completed or remedied by Landlord's contractor shall not delay or affect the Completion Date. Landlord shall thereafter cause its contractor to complete any such unfinished Tenant Improvements within forty-five (45) days thereafter, subject to Force Majeure and Tenant Delay. All defective work, materials, and equipment comprising part of the initial Tenant Improvements hereunder will be repaired or replaced by or at the direction of Landlord as provided in Section 1 hereof. If there is any dispute as to whether substantial completion of the Tenant Improvements has occurred, either Landlord or Tenant may request a good faith decision by an independent architect or contractor which shall be final and binding on the parties.
Appears in 1 contract
Samples: Lease Agreement (Orthologic Corp)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises The Commencement Date shall occur when ----------------------- Landlord’s 's Work has been Substantially CompletedCompleted (the "COMPLETION DATE"), except to the extent that completion of Landlord’s '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”a "TENANT CAUSED DELAY"):
(ia) Tenant’s 's Representative was not available within 2 business days 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;
(iib) Tenant’s request for Any Change Requests (as defined in Section 4(a) below) to the extent that they actually result in a delay of Landlord’s WorkRequest, whether or not any such the Change Requests are that is the subject of the Change Request is actually performed;
(iiic) Construction of any Change RequestsChange;
(ivd) Tenant’s 's request for materials, finishes 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;
(ve) Tenant’s 's delay in reviewing, revising revising, providing Comments, or approving plans and specifications specifications, plans, drawings, or other materials beyond the periods set forth herein;
(vif) Tenant’s 's delay in providing information critical to the normal progression of the Project. Landlord's Work (Tenant shall provide such information as soon as reasonably possible, but in no event longer than one 1 week after receipt of any request for such information from LandlordLandlord that is transmitted in the manner required under the notice provisions contained in Section 44(a) of the Lease);
(viig) Tenant’s 's delay in making payments to Landlord for Excess TI Costs "EXCESS BUILDING COSTS" (as defined in Section 5(b7.5) below); or "EXCESS GREENHOUSE COSTS" (as defined in Section 7.8) or
(viiih) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)its agents, contractors, or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is delayed for any of the foregoing reasons, then Landlord shall cause the Project Architect (with respect to the Base Building Work), the TI Architect (with respect to the Tenant Improvements), and the Greenhouse Architect (with respect to the Greenhouse) to certify the date on which the Tenant Improvements Landlord's Work would have been Substantially Completed but for such Tenant Caused Delay and such certified date shall be the date of DeliveryCommencement Date under the Lease.
Appears in 1 contract
Samples: Work Letter (Paradigm Genetics Inc)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Second Expansion Premises shall occur when Landlord’s Work in the Second Expansion Premises 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 Texxxx’x 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(b5(d) 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 Tenantpersons. If Delivery 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 in the Second Expansion Premises would have been Substantially Completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 hereunderhereunder within 1 business after written notice from Landlord;
(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 Texxxx’x request for materials, finishes or installations requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord learns Laxxxxxx xearns of such long lead time itemstimes, Landlord informs Tenant that Texxxx xhat 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 requested by Landlord from Tenant that is 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 Tenantpersons. 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.
Appears in 1 contract
Samples: Lease Agreement (RayzeBio, Inc.)
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 Tl 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 Tenantpersons. If Delivery is actually delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl 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.
Appears in 1 contract
Samples: Lease Agreement (Epizyme, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has the Tenant Improvements have been Substantially Completed, except to the extent that completion of Landlord’s Work the Tenant Improvements 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) Tenant1. Txxxxx’s Representative was not available within the time period set forth in this Work Letter (or, if no time period is set forth in this Work Letter, then within 2 business days days) to give or receive any Communication or to take any other action required to be taken by Tenant hereunder;
(ii) Tenant2. Txxxxx’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 3. Xxxxxxxxxxxx of any Change Requests;
(iv) Tenant4. Txxxxx’s request for materials, finishes or installations requiring are not consistent with Building standard materials, finishes or installations and require unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord Lxxxxxxx learns of such long lead time itemstimes, Landlord informs Tenant Txxxxx that the requested items will require unusually long lead times;
(v) Tenant5. Txxxxx’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant6. Txxxxx’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) Tenant7. Txxxxx’s delay in making payments to Landlord for any Excess TI Costs (as defined in Section 5(b5(d) below)) with respect to which Lxxxxxxx has delivered an invoice to Tenant pursuant to Section 5(d) below;
8. Txxxxx’s delay in the approval of the Initial Budget or any amendment thereto that results in the process for review and approval of such Initial Budget or any particular amendment, as applicable, extending for a period in excess of 3 business days after delivery of such Initial Budget or amendment to Tenant for approval; or
(viii) 9. 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 1 day after Landlord’s written 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The Commencement Date shall be delayed until the Lease, Delivery of Initial Improvements have been substantially completed (the Premises shall occur when Landlord’s Work has been Substantially Completed"Completion ---------- Date"), except to the extent that completion of Landlord’s Work any actual delay shall have been actually delayed be caused or ---- contributed to by any one or more of the following causes in which case the Target Commencement Date shall be extended (“a "Tenant Delay”):"): ------------
(ia) 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 '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, Orders whether or not any such Change Requests Orders are actually performed;; or
(iiib) Construction of Contractor's delayed performance arising from any Change Requests;Orders requested by Tenant; or
(ivc) Tenant’s 's request for materials, finishes or installations requiring unusually long lead times times. Landlord shall endeavor to identify any of the extent they actually result in a delay foregoing during completion 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;Engineered Construction Documents; or
(vd) Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;; or
(vie) Tenant’s 's delay in providing information critical to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any such request for such information from the Landlord;; or
(viif) Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b) below)costs of the Initial Improvements and/or Change Orders; or
(viii) or Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof which contributes to Tenanta delay in substantial completion. If Delivery the Commencement Date is delayed for any of the foregoing reasonsreason, then Landlord shall cause the TI Landlord's Architect to certify the date on which the Tenant Initial Improvements would have been Substantially Completed completed but for such Tenant Delay Delay, or were in fact completed without any Tenant Delay. Subject to Tenant Delays and Force Majeure events, if the Initial Improvements are not substantially completed by September 21, 1998, then Tenant shall receive one day of free Base Rent for each day after September 21, 1998 that such certified date failure to substantially complete the Initial Improvements continues. Landlord acknowledges that as of June 17, 1998, no Tenant Delays have occurred, and Tenant has fulfilled all of its obligations under Appendix C of the Lease to be performed by Tenant as of June 25, 1998. Within fifteen (15) business days following "Substantial Completion" of the Initial Improvements, Landlord shall cause the architect that designed the Initial Improvements to provide Landlord with a list of those items, if any, in the construction which based upon the Engineered Construction Documents are patently either incomplete or defective, and the architect's failure to deliver such list shall be deemed acceptance and approval of the Initial Improvements. This list shall be referred to as the "punch-list" and completion or repair, as applicable, of items which are in fact defective or incomplete shall be effected by Landlord as soon as practicable thereafter. The architect's acceptance and approval of the Initial Improvements shall be conclusive and binding on Tenant, absent manifest error. Tenant shall provide Landlord with written notice of the existence of manifest error in the architect's acceptance and approval of the Initial Improvement within five (5) business days following the architect's delivery of the same, and Tenant shall be deemed to be in agreement with the architect if it fails to do so. Landlord and Tenant shall within five (5) business days following Landlord's receipt of Tenant's notice of manifest error, if any, meet to agree upon whether manifest error exists. If Landlord and Tenant cannot within five (5) business days agree on whether manifest error exists, they shall within ten (10) business days thereafter shall select a new architect acceptable to each of them to promptly determine whether such manifest error exists, and the determination by said new architect shall be conclusive and binding on Landlord and Tenant. The fees of the new architect shall be divided evenly between Landlord and Tenant, unless no manifest error is found to exist, in which case Tenant shall pay all of such fees. Latent defects in the Initial Improvements shall be handled in accordance with the provisions of Section 3B in the body of this Lease. Landlord shall endeavor to cause its architect to prepare a preliminary "punch-list" at least thirty (30) days before Landlord's estimated date of Delivery"substantial completion" and shall use reasonable efforts to remedy any items identified therein as being incomplete or defective before Tenant commences occupancy; provided, however, that Landlord shall only do so if it determines, in its sole and absolute discretion, that such preliminary "punch-list" and repair will not interfere with or otherwise obstruct Landlord's ability to "substantially complete" construction of the Initial Improvements before September 21, 1998.
Appears in 1 contract
Samples: Lease (Pinkertons Inc)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially CompletedCompleted and Landlord has delivered possession of the Premises to Tenant, 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 hereunderhereunder within a reasonable period of time (not to exceed 3 business days) after written request from Landlord;
(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 RequestsRequests (as defined in Section 4(a);
(iv) Tenant’s request for materials, finishes or installations requiring unusually long lead times to (provided Landlord will request that the extent they actually result in a delay general contractor inform Tenant of Landlord’s Work, provided that promptly after Landlord learns of such any long lead time items, Landlord informs Tenant that the requested items will require unusually long lead timesand identify substitutes for such items as soon as reasonably possible);
(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 ProjectLandlord’s Work. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week 5 business days 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(b5(d) 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 business day 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.
Appears in 1 contract
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 (a) Subject 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 (“force majeure and Tenant Delay”):, if:
(i) Tenant’s Representative was a building permit (covering at least footings and foundation) has not available within 2 business been issued for the Building, or the pouring of such footings has not commenced, on or before the date that is two hundred ten (210) days to give or receive any Communication or to take any other action required to be taken by Tenant hereunder;after the date on which this Lease is fully executed and delivered; or
(ii) Substantial Completion has not occurred on or before the date that is sixty (60) days after the Projected Commencement Date (subject to postponement as set forth in this Paragraph 3.2, the dates referenced in the foregoing subparagraph (i) and in this subparagraph (ii) are each referred to as an “Outside Date”), then Tenant may terminate this Lease on notice given to Landlord on or before (but not after) the date that is ten (10) days after the relevant Outside Date for which the described condition is not met. As indicated by the immediately preceding sentence, each Outside Date shall be postponed one day for each day of force majeure delay or Tenant Delay, and the Outside Date (only) with respect to Substantial Completion set forth in the foregoing subparagraph (ii) shall also be postponed one day for each day after the respective dates set forth below that any of the following matters are actually accomplished: Matters to be Accomplished Dates by which to be Accomplished Lease fully executed and delivered by the Parties September 15, 2014 Final space plan for the Premises approved by the Parties April 1, 2015 Final construction drawings for the Premises approved by the Parties June, 1, 2015
(b) Termination of this Lease in accordance with the foregoing subparagraph (a) shall be effective as of the date of receipt by Landlord of notice of termination from Tenant’s request , the Parties shall thereafter be released and discharged from all further obligations under this Lease (except for Change Requests any obligations that expressly survive Lease end and except as provided in the remainder of this sentence) and Tenant shall receive a refund of any Security Deposit and prepaid Basic Monthly Rent actually received by Landlord.
(as defined in Section 4(ac) below) In addition to the extent foregoing, Landlord may at any time give Tenant notice that they actually result Substantial Completion will not occur by the Outside Date set forth in a delay of the foregoing subparagraph (a)(ii), which notice shall also set forth 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 then-current estimate of the Project. date (the “New Date”) on which Substantial Completion will occur, and Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week have ten (10) business days after receipt of any request for such information from Landlord;
notice to exercise the termination right set forth in the foregoing subparagraph (vii) Tenant’s delay a), or such right will be deemed to have been waived (but such waiver shall not affect the termination right set forth in making payments to Landlord for Excess TI Costs subparagraph (as defined in Section 5(bd) below); or.
(viiid) Any other act Thereafter, subject to force majeure and Tenant Delay, if Substantial Completion has not occurred on or omission by before the New Date, then Tenant may terminate this Lease on notice given to Landlord on or any Tenant Party before (as defined in but not after) the Lease), or persons employed by any of such persons date that continues for more than 2 is ten (10) days after Landlord’s notice thereof to Tenantthe New Date. If Delivery is delayed for any Termination of this Lease in accordance with 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 immediately preceding sentence shall be effective as of the date of Deliveryreceipt by Landlord of notice of termination from Tenant, the Parties shall thereafter be released and discharged from all further obligations under this Lease (except for any obligations that expressly survive Lease end and except as provided in the remainder of this sentence) and Tenant shall receive a refund of any Security Deposit and prepaid Basic Monthly Rent actually received by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Vivint Solar, Inc.)
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 hereunderhereunder within 1 business after written notice from Landlord;
(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) TenantXxxxxx’s request for materials, finishes or installations requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord Xxxxxxxx learns of such long lead time itemstimes, Landlord informs Tenant Xxxxxx 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 requested by Landlord from Tenant that is 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 Tenantpersons. 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.
Appears in 1 contract
Samples: Lease Agreement (RayzeBio, Inc.)
Commencement Date Delay. Except as otherwise provided in the For purposes of this Lease, Delivery "Tenant Delay" shall mean any of the Premises shall occur when Landlord’s Work has been Substantially Completedfollowing, except to the extent that the same causes actual delay in the 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”):Work:
(i) Tenant’s '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 hereunderhereunder within one (1) Business Day following Landlord’s request therefore;
(ii) Tenant’s '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 's request for materials, finishes or installations in the Tenant Improvements requiring unusually long lead times to the extent they actually result in a delay of (or reasonably anticipated long lead times based on current market conditions, as reasonably determined by Landlord’s Work), provided that promptly after Landlord learns gives Tenant written notice (which may be informal via email or inclusion in construction meeting notes delivered to Tenant) of such long lead time items(or anticipated lead time) and Tenant approves such materials, Landlord informs Tenant that the requested items will require unusually long lead timesfinishes, or installations;
(v) Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s 's delay in providing information critical to the normal progression of the Project. Tenant shall provide such information Project 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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) below)) if and when required hereunder; 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 persons, Landlord agreeing to Tenantnotify Tenant (which may be written, verbal or otherwise) of the same if not discussed in the design and construction meetings. 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.
Appears in 1 contract
Samples: Lease Agreement (Forma Therapeutics Holdings, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises Basement Space 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(b5(d) 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 hereunderhereunder for more than 2 business days after written notice (which may be by e-mail) from Landlord;
(ii) Tenant’s request for Change Requests (as defined in Section 4(a4(g) 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 Worktimes, provided that promptly after Landlord learns has advised Tenant of such long lead time items, Landlord informs Tenant that the requested items will require unusually within 3 business days of Tenant’s selection of such long lead timestime items and Tenant continued to require such long lead time items;
(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(b5(d) below); or
(viiivii) 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 Tenantpersons. 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has the Tenant Improvements have been Substantially Completed, except to the extent that completion of Landlord’s Work the Tenant Improvements 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) 1. Tenant’s Representative was not available within the time period set forth in this Work Letter (or, if no time period is set forth in this Work Letter, then within 2 business days days) to give or receive any Communication or to take any other action required to be taken by Tenant hereunder;
(ii) 2. 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) 3. Construction of any Change Requests;
(iv) 4. Tenant’s request for materials, finishes or installations requiring are not consistent with Building standard materials, finishes or installations and require unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, Landlord informs Tenant that the requested items will require unusually long lead times;
(v) 5. Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) 6. 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) 7. Tenant’s delay in making payments to Landlord for any Excess TI Costs (as defined in Section 5(b5(d) below)) with respect to which Landlord has delivered an invoice to Tenant pursuant to Section 5(d) below;
8. Tenant’s delay in the approval of the Initial Budget or any amendment thereto that results in the process for review and approval of such Initial Budget or any particular amendment, as applicable, extending for a period in excess of 3 business days after delivery of such Initial Budget or amendment to Tenant for approval; or
(viii) 9. 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 1 day after Landlord’s written 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.
Appears in 1 contract
Samples: Lease Agreement (Codexis, Inc.)
Commencement Date Delay. Except as otherwise provided A. The Commencement Date shall not occur until the earlier of the first Monday following the date Initial Improvements have been substantially completed (such date, the "Completion Date") or Tenant's occupancy and conducting of business in the Lease, Delivery of Premises after the Premises shall occur when Landlord’s Work has been Substantially CompletedCompletion Date, except to the extent that completion of Landlord’s Work any delay in the Completion Date shall have been actually delayed be directly caused by any one or more of the following causes in which case the Target Commencement Date shall be extended (“a "Tenant Delay”"):
(ia) 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 '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, Orders whether or not any such Change Requests Orders are actually performed;; or
(iiib) Construction Contractor's performance of any Change Requests;Orders; or
(ivc) Tenant’s '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;; or
(vd) Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;; or
(vie) Tenant’s 's delay in providing information critical to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week seven (7) days after receipt of any such request for such information from the Landlord;; or
(viif) Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined costs of the Initial Improvements and/or Change Orders in Section 5(b) below)excess of the Landlord's Contribution; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Completion Date is delayed for any of the foregoing reasonsreason, then Landlord shall cause the TI Landlord's Architect to certify the date on which the Tenant Initial Improvements would have been Substantially Completed completed but for such Tenant Delay and such Delay, or were in fact completed without any Tenant Delay, which certified date shall be the Completion Date for all purposes under this Lease. Tenant Delays shall not include any delays caused by Landlord's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein.
B. If the Completion Date has not occurred by the "Estimated Completion Date", subject to Tenant Delay and Force Majeure, as Tenant's sole remedy (other than Tenant's termination right set forth below), Landlord shall pay to Tenant as liquidated damages (or Tenant may deduct as liquidated damages from its first and, if necessary, subsequent payments of Base Rent) one (1) day's rent (calculated at a daily rate based on a 30-day month) plus $2,000.00 for each day that the Completion Date is delayed beyond the Estimated Completion Date. Although Landlord and Tenant recognize that the damages which will be suffered by Tenant should Landlord fail to timely complete the Initial Improvements will be difficult to determine with precision, Landlord and Tenant nevertheless covenant and agree that the liquidated damages to which Tenant is entitled hereunder are a reasonable forecast of the damages which will be suffered by Tenant by reason of Landlord's delay. The "Estimated Completion Date" shall mean November 15, 1998, plus (i) the number of calendar days, if any, after January 31, 1998 until and including the date of Deliverythis Lease, and (ii) the number of calendar days, if any, after March 1, 1998, until and including the date of final approval of the Initial Improvement Plans.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has the Tenant Improvements have been Substantially Completed, except to the extent that completion Substantial Completion of Landlord’s Work the Tenant Improvements 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 for an unreasonable length of time 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 Worktimes, provided that promptly after Landlord learns within 7 business days of such long lead time itemsTenant’s selection, Landlord informs notifies Tenant that the requested items will require such item requires an unusually long lead timestime;
(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 required pursuant to the provisions of Section 5(b) 5 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 Tenantpersons. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect contractor for the Tenant Improvements to certify the date on which the Tenant Improvements would have been Substantially Completed substantially completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s 's Work has been Substantially Completed, except to the extent that completion of Landlord’s '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 '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, during normal business hours, within the time periods provided for in this Work Letter or, if no such time period is provided for in this Work Letter, within 2 business days;
(ii) Tenant’s '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; provided, however, upon written request from Tenant, Landlord shall notify Tenant regarding the length of the anticipated Tenant Delay and Tenant shall have the right to withdraw or modify its request to reduce or eliminate any Tenant Delay;
(iv) Tenant’s 's request for materials, finishes or installations requiring unusually long lead times to the extent they actually result in a delay of Landlord’s Worktimes; provided, provided that promptly after Landlord learns of such long lead time itemshowever, upon written request from Tenant, Landlord informs shall notify Tenant that regarding the requested items will require unusually long lead timeslength of the anticipated Tenant Delay and Tenant shall have the right to withdraw or modify its request to reduce or eliminate any Tenant Delay;
(v) Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s '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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) 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 Tenantpersons. 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Samples: Lease Agreement (Phaserx, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has the Tenant Improvements have been Substantially Completed, except to the extent that completion of Landlord’s Work the Tenant Improvements 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 Worktimes, provided that promptly after Landlord learns has advised Tenant of such long lead time items, Landlord informs items and Tenant that the requested items will continued to require unusually such long lead timestime items;
(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 3 business days after receipt of any request for such information from Landlord;
(vii) Tenant’s delay in making payments to Landlord for Excess TI Tl Costs (as defined in Section 5(b) 5 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 that 3 business days after written notice from 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 completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises The Commencement Date shall occur when Landlord’s Work has been Substantially Completedon Delivery (the "COMPLETION DATE"), except to the extent that completion of Landlord’s Work Delivery 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”):a "TENANT DELAY"): 77
(i) Tenant’s '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 '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 '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 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein;
(vi) Tenant’s '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 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) below); or
(viii) Any other act or or, where Tenant has an obligation to act, omission by Tenant or any Tenant Party (as defined in the Lease)Party, or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date 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 completed but for such Tenant Delay and such certified date shall be the date of DeliveryCommencement Date under the Lease.
Appears in 1 contract
Samples: Lease Agreement (Acusphere Inc)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises Suite 1 and Suites 2-4, respectively, shall occur when Landlord’s Work the Tenant Improvements in the applicable portion of the Premises has been Substantially Completed, except to the extent that completion of Landlord’s Work such Tenant Improvements 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 ProjectTenant Improvements. 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 Tenantpersons. 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.
Appears in 1 contract
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 3 business days day following Landlord’s request 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 Worktimes, provided that promptly after Landlord learns of such long lead time itemstimes, 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 hereinIntentionally Deleted;
(vi) Tenant’s delay in providing information critical to the normal progression of the Project within 1 business day following written request from Landlord therefor which identifies the information being requested as 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 Tl 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 business days after Landlord’s written notice thereof to Tenant. None of the time frames set forth above are intended to shorten any time periods otherwise provided for herein for the taking of any action by Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
Commencement Date Delay. Except The Commencement Date and the Must-Take Commencement Date shall each occur as otherwise provided in the LeaseBasic Lease Information; provided, Delivery however, that the Commencement Date or the Must-Take Commencement Date, as applicable shall be extended on a day-for-day basis by the number of actual days of delay of the Premises shall occur when Landlord’s Work has been Substantially Completed“Substantial Completion of the Tenant Improvements,” as that term is defined in Section 5.3 below, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of such delay in the following causes in which case the Target Commencement Date or the Must-Take Commencement Date, respectively, is caused by a Commencement Date Delay. As used herein, the term “Commencement Date Delay” shall be extended (mean only a “Tenant Force Majeure Delay”):
” or a “Landlord Caused Delay,” as that term is defined below in this Section 5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Project, explosion, casualty, condemnation, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used herein, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) Tenant’s Representative was not available within 2 business days failure of Landlord to give timely approve or receive disapprove any Communication or to take any other action required to be taken by Tenant hereunder;
Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, or Tenant’s request for Change Requests (as defined in Section 4(a) below) Agents to the extent that they actually result in a delay of Landlord’s WorkBuilding or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, whether or not any such Change Requests are actually performed;
the use thereof during 12 Second & Spring Avalara, Inc. normal construction hours; (iii) Construction delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any Change Requests;
such acts or failures to act with respect to payment of the Tenant Improvement Allowance; and (iv) Tenant’s request for materials, finishes or installations requiring unusually long lead times delays due to lack of reasonably sufficient access 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 Premises to allow 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 construct the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be the date of Deliveryon a timely basis.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Expansion 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 Tl Costs (as defined in Section 5(b5(d) 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 that 3 business days after written notice from Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Tl Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be the date of Delivery.
Appears in 1 contract
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 reasonably 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 written 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
(viiivii) 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 1 day 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 deemed to be the date Commencement Date for purposes of DeliveryTenant’s obligation to pay Base Rent, Operating Expenses and all other amounts due under the Lease. Upon Tenant’s request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times. Notwithstanding anything to the contrary contained in this Work Letter, if at any time during the design or construction of the Tenant Improvements it is reasonably determined by Architect that the total number of days of Tenant Delay (pursuant to this Section 3(e) and/or resulting from Changes or Change Requests) is expected to exceed 90 days in the aggregate, Landlord may, in Landlord’s sole discretion, following such determination by Architect, unilaterally make all remaining decisions and take all actions determined necessary by Landlord relating to the design and construction of the Tenant Improvements so that there are no further Tenant Delays.
Appears in 1 contract
Samples: Lease Agreement (Otonomy, Inc.)
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Tl 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 3 business days to give or receive any Communication or to take any other action required to be taken by Tenant within the time period required 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 Landlord’s Work within the Projecttime period required hereunder (or, if no time period is provided for hereunder, 2 business days). 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 Tl Costs (as defined in Section 5(b) 5 below);
(viii) Labor disharmony as a result of non-union labor employed by any contractor or subcontractor engaged by Tenant or any Tenant Party; or
(viiiix) 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 business days after Landlord’s written notice thereof to Tenant. If Delivery is delayed for any of ***Confidential Treatment Requested*** ***Text Omitted and Filed Separately with 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 Securities and such certified date shall be the date of Delivery.Exchange Commission Confidential Treatment Requested Under
Appears in 1 contract
Samples: Lease Agreement
Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises The Commencement Date shall occur when Landlord’s Work has been Substantially CompletedCompleted (the “Completion Date”), 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 (a “Tenant Caused Delay”):
(ia) Tenant’s Representative was not available within 2 business days 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;,
(iib) Tenant’s request for Any Change Requests Request, whether or not the “Change” (as defined in Section 4(a5) below) to that is the extent that they actually result in a delay subject of Landlord’s Work, whether or not any such the Change Requests are Request is actually performed;
(iiic) Construction of any Change RequestsChange;
(ivd) Tenant’s request for materials, finishes 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;
(ve) Tenant’s delay in reviewingcausing the Greenhouse Architect to prepare, revising revise, deliver, or approving plans and specifications submit, or to address Comments regarding, specifications, plans, drawings, or other materials beyond the periods set forth herein;
(vif) Tenant’s delay in providing information critical to the normal progression of the Project. Landlord’s Work (Tenant shall provide such information as soon as reasonably possible, but in no event longer than one 1 week after receipt of any request for such information from LandlordLandlord that is transmitted in the manner required under the notice provisions contained in Section 44(a) of the Lease);
(viig) Tenant’s delay in making payments to Landlord for “Excess TI Costs Construction Costs” (as defined in Section 5(b6.4);
(h) below)Any delay in the timely completion of Landlord’s Work caused by Tenant’s inability to obtain from the appropriate Governmental Authorities all necessary approvals of a revised site plan for the Site that reflects Tenant’s redesign of the Greenhouse; or
(viiii) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)its agents, contractors, or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is delayed for any of the foregoing reasons, then Landlord shall cause the TI Greenhouse Architect to certify the date on which the Tenant Improvements Landlord’s Work would have been Substantially Completed but for such Tenant Caused Delay and such certified date shall be the date of DeliveryCommencement Date under the Lease.
Appears in 1 contract
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 within the time period required (or if no time period is required, then within 2 business days) 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) Any delays caused by Tenant’s Manager;
(viii) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(b5(d) below); or
(viiiix) 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 Tenantpersons. 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.
Appears in 1 contract
Commencement Date Delay. Except as otherwise provided in The Commencement Date shall be delayed until the Lease, Delivery of Tenant Improvements have been substantially completed (the Premises shall occur when Landlord’s Work has been Substantially Completed“Completion Date”), except to the extent that completion of Landlord’s Work the delay shall have been actually delayed be caused by any one or more of the following causes in which case the Target Commencement Date shall be extended (a “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;
(iia) 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, Orders whether or not any such Change Requests Orders are actually performed;; or
(iiib) Construction Contractor’s performance of any Change Requests;Orders; or
(ivc) 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;; or
(vd) Tenant’s delay in preparing, reviewing, revising or approving plans and specifications beyond the periods set forth herein;; or
(vie) Tenant’s delay in providing information critical to the normal progression of the Projectproject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any such request for such information from the Landlord;; or
(viif) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined costs of the Tenant Improvements and/or Change Orders in Section 5(b) below)excess of the Landlord’s Contribution; or
(viiig) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Tenant, its agents, contractors or persons employed by any of such persons that continues for more than 2 days after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is delayed for any of the foregoing reasonsreason, then Landlord shall cause the TI Landlord’s Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay Delay, or were in fact completed without any Tenant Delay. Upon substantial completion of the Tenant Improvements, the parties will conduct a walkthrough inspection to identify any missing or nonconforming work, and such certified date prepare a “Punch List” thereof. The existence of “Punch List” items to be completed or remedied by Landlord’s contractor shall be not delay or affect the date of DeliveryCompletion Date, but Landlord will cause its contractor to promptly complete or remedy all property “Punch List” items.
Appears in 1 contract
Samples: Lease Agreement (Wageworks, Inc.)
