Completion and Commencement Date. Tenant's obligation for payment of rent pursuant to the lease will commence on the Rent Commencement Date; however, the Rent Commencement Date and the date for payment of rent may be delayed on a day-by-day basis for each day the substantial completion of the Tenant Improvements are delayed by Landlord or its contractors or agents. The payment of rent will not be delayed by a delay of substantial completion due to Tenant. The following are some examples of delays ("Tenant Delay Factors") that will not affect the Rent Commencement Date and the date on which rent is to commence under the lease:
(a) Late submissions of preliminary information;
(b) Change orders requested by Tenant that actually cause a delay;
(c) Delays in obtaining construction materials requested by Tenant that do not conform to the Building Standard Specifications;
(d) Tenant's failure to approve timely any item requiring Tenant's approval; and
(e) Delays by Tenant according to paragraph 5. In the event that substantial completion of the Tenant Improvements is delayed by Landlord, its contractors, or agents, the Commencement Date will be the date of substantial completion of the Tenant Improvements, subject only to the completion of Landlord's punch-list items (that is, those items which do not materially interfere with Tenant's use and enjoyment of the Premises). Landlord and Tenant will confirm the Commencement Date in accordance with applicable terms of the lease.
Completion and Commencement Date. If Landlord is actually delayed (i.e., affecting the critical path of the construction of the Leasehold Improvements) in substantially completing the Leasehold Improvements as a result of any of the following, it shall be deemed a “Tenant Delay”:
(a) late submission of Tenant information (including, without limitation, a Space Plan, whether preliminary, interim revisions or final) beyond the time periods provided in this Work Letter;
(b) Change Orders requested by Tenant;
(c) unforeseeable delays in obtaining non-Building Standard construction materials requested by Tenant, including, but not limited to construction materials related to Tenant’s laboratory;
(d) Tenant’s failure to timely approve any item expressly requiring Tenant’s approval (including, without limitation, the Construction Documents, whether preliminary, interim revisions or final, and any Change Order) beyond the time periods provided in this Work Letter; and
(e) delays in obtaining a certificate of occupancy, temporary certificate of occupancy, other appropriate sign-off permitting occupancy of the Premises for the operation of Tenant’s business from the local building authority having jurisdiction, but only if by reason of Tenant’s failure to complete the installations of any furniture, fixtures and/or equipment to the Premises, if any; In the event of a Tenant Delay, the Commencement Date shall occur on the date on which Landlord would have substantially completed performance of the Leasehold Improvements but for such Tenant Delay(s).
Completion and Commencement Date. The term of the Lease and Tenant's obligation for the payment of rent under the Lease shall commence in accordance with Paragraph 1.1
Completion and Commencement Date. Tenant's obligation for payment of Rent pursuant to the Lease will commence on the Commencement Date, regardless of whether the Work has been completed.
Completion and Commencement Date. Subject to the provisions of -------------------------------- Section 5.C of the Lease and the other provisions of this Tenant Construction Agreement, Landlord shall substantially complete the Tenant Work in the Premises and tender the Premises to Tenant on or before August 1, 1999. Subject to the provisions of Section 3.A of the Lease concerning abatement, Tenant's obligation for payment of Rent pursuant to the Lease will commence on the Commencement Date; however, the Commencement Date and the date for the payment of Rent shall be delayed on a day-to-day basis for each day the substantial completion of the Tenant Work is delayed by Landlord or its contractors or agents. The date of substantial completion shall mean the day on which the Tenant Work has been completed in accordance with the Tenant Working Drawings so that Tenant may receive the beneficial use of the Premises (i.e., when Tenant may use the Premises for their intended purpose), subject to the punch list of items referred to below. The payment of Rent will not be delayed by a delay of substantial completion due to Tenant. The following are some examples of delays which will not affect the Commencement Date and the date Rent is to commence under the Lease:
A. Change Orders requested by Tenant;
B. Delays in obtaining non-Building Standard construction materials requested by Tenant;
C. Tenant's failure to approve timely any item requiring Tenant's approval; and
D. Delays by Tenant according to paragraph 6. In the event that substantial completion of the Tenant Work is delayed by Landlord, its contractors or agents, the Commencement Date will be the date of substantial completion of the Tenant Work, subject only to the completion of Landlord's punch-list items (that is, those items which do not materially interfere with Tenant's use and enjoyment of the Premises). Landlord and Tenant will confirm the Commencement Date in accordance with Section 1(A)(1) of the Lease.
Completion and Commencement Date. Each of the following shall be deemed a Tenant delay for the purposes of establishing the Commencement Date.
(a) Tenant’s failure to timely supply information necessary to complete the Tenant Working Drawings (revisions to such drawings); or
(b) Tenant’s request for new work; or
(c) modifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant after Tenant’s approval of the Tenant Space Plan or Tenant Working Drawings; or
(d) changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or
(e) any delay in the completion of the work caused by Tenant’s contractors or materials suppliers; or
(f) any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees.
Completion and Commencement Date. If the Commencement Date of the Lease as determined under Paragraph 1.3 and Article 3 of the Lease is delayed past September 1, 2011 by any of the following, then the Commencement Date of the Lease and the payment of rent shall be accelerated to the later of September 1, 2011 or the date determined by accelerating the Commencement Date by the number of days of such delay:
a) Lessee’s failure to approve or furnish space plans or Working Drawings or failure to approve any other item or perform any other obligation in accordance with and by the dates specified herein or in the Work Schedule.
b) Delays of any nature within Lessee’s control resulting from Lessee’s decision to use any materials, finishes, or installations other than Building Standard.
c) Lessee’s changes in any space plans, Working Drawings or other plans and specifications after the approval thereof by Lessee or submission thereof by Lessee to Lessor.
d) Delays in the construction of the Tenant Improvements as a result of Lessee’s failure to approve written estimates of and/or pay the costs in accordance with Section 4.
Completion and Commencement Date. As provided in the Lease, the commencement date of the term of the Lease and Tenant's obligation for the payment of rent under the Lease shall commence upon the earlier of ("commencement date"): (i) the date upon which Tenant opens for business which shall be, at the latest, concurrent with the opening of the theater in the entertainment and retail center, or (ii) one hundred sixty (160) days from the date of Substantial Completion of Landlord's Work. For purposes of this Construction Agreement and the Lease, the "Substantial Completion" of Landlord's Work shall occur when the Project Architect and the Contractor shall each have certified to Landlord and Tenant in writing that Landlord's Work is complete substantially in accordance with the Final Plans, but for "punch-list" items which will not interfere with Tenant's construction work. EXHIBIT "B"
Completion and Commencement Date. Tenant's obligation for payment of Rent pursuant to the Lease will commence on the Commencement Date specified in the Lease; however, notwithstanding the Commencement Date, the date for the payment of Rent and the dates for performance by Tenant of its responsibilities under this Work Agreement (including, without limitation, the dates for submission of Construction Information and Schedule I items) shall be delayed on a day-by-day basis for each day the design, construction or Substantial Completion of the improvements are delayed by Landlord or its contractors or agents. The Term Commencement Date and the payment of Rent will not be delayed by a delay of Substantial Completion due to Tenant, its contractors or agents. The following are delays ("Tenant Delays") which will not delay the Commencement Date and the date Rent is to commence under the lease:
(a) Change orders requested by Tenant, which cause such delay;
(b) Delays in obtaining non-standard construction materials requested by Tenant, provided Landlord has reasonably determined that such materials will result in a delay, has so notified Tenant at the time such materials are specified and afforded Tenant an opportunity to accept a reasonably equivalent alternative material; and
(c) Tenant's failure to approve timely any item requiring Tenant's approval, which causes such delay. In the event that Substantial Completion of the Improvements is delayed by Landlord, its contractors, or agents, the Term Commencement Date will be the later of the date of Substantial Completion of the Improvements or the date otherwise specified in the Lease. Time is of the essence with respect to Landlord's obligations under this Work Agreement.
Completion and Commencement Date. (a) Lessor's Obligations. Upon obtaining all necessary governmental -------------------- approvals, Lessor shall commence construction of and diligently pursue the completion of the Tenant Improvements substantially in compliance with the Approved Plans, in good and workmanlike manner, free from faults or defects, and in conformance with all conditions applicable to the Tenant Improvements which are necessary for lawful occupancy of the Premises.
