Commencement Date Delays Sample Clauses

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 of the Summary. However, if Substantial Completion is delayed beyond the Target Date due to a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay, as those terms are defined below, then the Target Date, for purposes of establishing the Commencement Date, shall be extended by the number of days equal to the number of days of the Permit Delay, the Landlord Caused Delay and/or the Unavoidable Delay. The term "PERMIT DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from the issuance of the Permits after the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tenaxx'x xailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay). The term, "LANDLORD CAUSED DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date to the extent resulting from (i) the material interference by Landlord, its agents or contractors with Substantial Completion, (ii) Landlord's failure to abide by the time periods required of Landlord for approvals hereunder, (iii) Landlord's failure to substantially complete and deliver Landxxxx'x Xork prior to the Target Date or (iv) the failure of an MPE Contractor designated by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available to Tenant were it not for Landlord's designation of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delay, but excluding delays resulting from the inability to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer (but only to the extent the acts or omissions of the Engineer relate to the Tenant Improvements). If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE") of the event which constitutes such delay ...
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Commencement Date Delays. Subject to the terms of this Section 7, the Commencement Date shall occur as provided in the Basic Lease Information of this Lease, provided that the Commencement Date shall be extended by the number of days of delay of the Substantial Completion of the Tenant Improvement Work to the extent caused by a Landlord Caused Delay (as defined below). As used herein, the term “Landlord Caused Delay’’ shall mean actual delays to the extent resulting from (i) intentional or willful interference by Landlord or Landlord Parties (provided that the exercise of Landlord’s rights under this Agreement, including, without limitation, approval time periods and inspection rights under this Agreement, shall in no event constitute a Landlord Caused Delay) with the construction of the Tenant Improvement Work which objectively precludes or delays the construction of the Tenant Improvement Work, which intentional interference relates to access by Tenant, or Tenant’s Agents to the Building or any Building facilities or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (ii) delays due to the intentional failure to act by Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance within deadlines provided for (except as otherwise allowed under this Agreement); (iii) failure of Landlord to timely grant any approval or disapproval (except to the extent Landlord’s approval thereof is deemed approved pursuant to the terms of this Agreement).
Sample 1
Commencement Date Delays. If the Commencement Date has not occurred on or before March 1, 2014 (the "Outside Completion Date"), Tenant shall be entitled to a rent abatement following the Commencement Date of $940.00 for every day in the period beginning on the Outside Completion Date and ending on the Commencement Date. Landlord and Tenant acknowledge and agree that: (i) the determination of the Commencement Date shall take into consideration the effect of any Tenant Delays; and (ii) the Outside Completion Date shall be postponed by the number of days the Commencement Date is delayed due to events of Force Majeure. Notwithstanding the foregoing, (i) a Tenant Delay shall only apply if Landlord provides Tenant with written notice of such potential Tenant Delay at the time of such delay and Tenant does not approve the applicable matter, cure the breach or take other action to avoid the delay within one (1) business day after receipt of Landlord’s written notice; and (ii) a delay due to Force Majeure shall only apply from and after the date on which Landlord provides Tenant with written notice of such event of Force Majeure.
Sample 1
Commencement Date Delays. Subject to the terms of this Section 5, the Commencement Date as to each Suite shall occur as provided in Paragraph 3 of the Lease, provided that the one hundred eighty (180) day period set forth in clause (i) Section 3 of the Lease shall be extended by the number of days of delay of the Substantial Completion of the Tenant Improvements in a Suite to the extent caused by a Landlord Responsible Delay (as defined below). As used herein, the term “Landlord Responsible Delay” shall mean actual delays to the extent resulting from (i) the presence of Hazardous Materials in the Suite or surrounding area; (ii) the requirement of any work to be performed by Landlord in accordance with Section 4.2(c) above, and (iii) (x) any mandatory federal, state, county, city or other governmental requirement on account of the COVID-19 pandemic or similar public emergency that prohibits the performance of construction work in the Building, (y) the imposition of new or changed governmental requirements the COVID-19 pandemic and relating to the construction of the Tenant Improvements that did not exist as of the date of this Lease and (z) the occurrence of any actual COVID infection at the construction site or affecting the construction site, not to exceed sixty (60) days in total for the matters described in the foregoing clauses (x), (y) and (z). 5.2
Sample 1
Commencement Date Delays. The Lease Commencement Date with respect to each floor of the Premises shall occur as provided in Section 2.1 of this Lease, provided that the Lease Commencement Date (but not the Lease Expiration Date) with respect to each floor of the Premises shall be extended by the number of days of delay of the "Substantial Completion of the Improvements" (as defined below) to the extent solely caused by a "Landlord Caused Delay," as 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT B-21-
Sample 1

Related to Commencement Date Delays

  • Commencement Date Delay Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”):

  • Commencement Date Landlord shall deliver possession of the Premises to Tenant on the date (the “Delivery Date”) that Landlord’s Market Ready Improvements described on EXHIBIT C attached hereto and the Tenant Improvements to be completed by Landlord pursuant to the Work Letter Agreement attached hereto as EXHIBIT D are substantially completed. For purposes of this Lease, Landlord’s Market Ready Improvements and the Tenant Improvements shall be deemed to be “substantially completed” when Landlord’s Market Ready Improvements and the Tenant Improvements have been completed in accordance with any plans and specifications therefor, subject only to the completion of any minor punch-list items, and the City of Sunnyvale has completed a final inspection of such work and issued a temporary certificate of occupancy or other written approvals permitting legal occupancy of the Premises. The term of this Lease (“Term”) shall be seventy-six (76) months commencing on the date (the “Commencement Date”) which is thirty (30) days from the Delivery Date. If the Delivery Date does not occur on or before May 1, 2018, for any reason other than (i) ArcTec’s failure to complete the Final Plans and Specifications (as such term is defined in the Work Letter attached as EXHIBIT D) and submit such Final Plans and Specifications (and any other documentation required by the City of Sunnyvale for the issuance of a building permit for the Tenant Improvements) to Landlord’s general contractor by January 8, 2018, (ii) the City requiring Landlord to stop construction due to its commencement of the Tenant Improvements before the permits therefor were issued or (iii) delays caused by the acts or omission of Tenant, as defined in Paragraph 3(c) below, then the date Tenant is otherwise obliged to commence payment of Rent shall be delayed by one (1) additional day for each day the Delivery Date is delayed beyond such date.

  • Adjustment of Commencement Date; Possession 3.01 If Landlord is required to perform Landlord Work prior to the Commencement Date: (a) the date set forth in Section 1.06 as the Commencement Date shall instead be defined as the “Target Commencement Date”; (b) the actual Commencement Date shall be the date on which the Landlord Work is Substantially Complete (defined below); and (c) the Termination Date will the last day of the Term as determined based upon the actual Commencement Date. Landlord’s failure to Substantially Complete the Landlord Work by the Target Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Promptly after the determination of the Commencement Date, Landlord and Tenant shall enter into a commencement letter agreement in the form attached as Exhibit D. If the Termination Date does not fall on the last day of a calendar month, Landlord and Tenant may elect to adjust the Termination Date to the last day of the calendar month in which Termination Date occurs by the mutual execution of a commencement letter agreement setting forth such adjusted date. The Landlord Work shall be deemed to be “Substantially Complete” on the date that all Landlord Work has been performed, other than any details of construction, mechanical adjustment or any other similar matter, the non-completion of which does not materially interfere with Tenant’s use of the Premises. If Landlord is delayed in the performance of the Landlord Work as a result of the acts or omissions of Tenant, the Tenant Related Parties (defined in Section 13) or their respective contractors or vendors, including, without limitation, changes requested by Tenant to approved plans, Tenant’s failure to comply with any of its obligations under this Lease, or the specification of any materials or equipment with long lead times (a “Tenant Delay”), the Landlord Work shall be deemed to be Substantially Complete on the date that Landlord could reasonably have been expected to Substantially Complete the Landlord Work absent any Tenant Delay.

  • Rent Commencement Date The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans: the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

  • Term Commencement Date The term of this Agreement shall commence on , 2020 (the “Commencement Date”) and, unless earlier terminated in accordance with the terms of this Agreement, shall end on June 30, 2055 (the “Term”).

  • Lease Commencement Date The earlier to occur of (i) the date upon which Tenant first commences to conduct business in the Premises, and (ii) the later to occur of (A) November 1, 2018 and (B) the date upon which the Premises are Ready for Occupancy (as that term is defined in Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)).

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Commencement Date and Term 1. The Employee will commence permanent full-time employment with the Employer on the 1st day of November, 2021 (the "Commencement Date").

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenants’ Work,” and “Force Majeure Delays” shall have the meanings set forth for such terms in the Work Letter. If neither Landlord nor Tenant elects to void this Lease within 10 business days of the lapse of such 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect; provided, however, that if Landlord does not Deliver the Premises within 150 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, in which case subsections (a) and (b) of this paragraph shall apply. If Tenant does not elected to void this Lease within 10 business days of the lapse of such 150 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

  • Base Term Commencing on the Expansion Premises Commencement Date, the defined term “Base Term” on page 1 of the Lease is deleted in its entirety and replaced with the following:

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