Common use of Completion and Commencement Date Clause in Contracts

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).

Appears in 1 contract

Samples: Lease Agreement (Solid Power, Inc.)

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Completion and Commencement Date. If As provided in Section 2 and 20 of the Lease, the Term of the Lease (and therefore Tenant's obligation for the payment of Rent) shall not commence until Landlord has substantially completed all work to be performed by Landlord as set forth in this Work Letter; provided, however, that if Landlord is actually delayed (i.e., affecting the critical path of the construction of the Leasehold Improvements) in substantially completing the Leasehold Improvements such work as a result of any of the following, it shall be deemed a “Tenant Delay”of: (a) late submission of Tenant information (includinginformation, without limitation, a Space Plan, whether preliminary, interim revisions Plan or final) beyond the time periods provided in this Work LetterCD's; (b) Change Orders requested by Tenant; (c) unforeseeable delays in obtaining non-Building Standard standard construction materials requested by Tenant, including, but not limited to construction materials related to Tenant’s laboratory; (d) Tenant’s 's failure to timely approve any item expressly requiring Tenant’s approval 's approval; (including, without limitation, the Construction Documents, whether preliminary, interim revisions or final, and e) any Change Order) beyond the time periods provided in this Work Letterother delays by Tenant; and (ef) any other act or omission of Tenant or Tenant's architects, engineers, contractors or subcontractors (all of which shall be deemed to be delays in obtaining a certificate caused by Tenant), the foregoing shall be items 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", then the Commencement Date shall occur on only be extended pursuant to Section 20 of the Lease until the date on which Landlord would have substantially completed performance of the Leasehold Improvements such work but for such delays. Except as provided in the Lease, postponement of the commencement of the Term shall be in full settlement of all claims that Tenant Delay(s)might otherwise have against Landlord by reason of the Premises not being ready for occupancy by Tenant as of the originally scheduled Commencement Date set forth in Section 2 of the Lease.

Appears in 1 contract

Samples: Lease (Channelpoint Inc)

Completion and Commencement Date. If As provided in Section 2 and 20 of the Lease, the Term of the Lease (and therefore Tenant's obligation for the payment of Rent) shall not commence until Landlord has substantially completed all work to be performed by Landlord as set forth in this Work Letter; provided, however, that if Landlord is actually delayed (i.e., affecting the critical path of the construction of the Leasehold Improvements) in substantially completing the Leasehold Improvements such work as a result of any of the following, it shall be deemed a “Tenant Delay”of: (a) late submission by Tenant of Tenant information (includinginformation, without limitation, a Space Plan, whether preliminary, interim revisions Plan or final) beyond the time periods provided in this Work LetterCD's; (b) Change Orders requested by Tenant; (c) unforeseeable delays in obtaining non-Building Standard standard construction materials requested by Tenant, including, but not limited to construction materials related to Tenant’s laboratory; (d) Tenant’s 's failure to timely approve any item expressly requiring Tenant’s approval 's approval; (including, without limitation, the Construction Documents, whether preliminary, interim revisions or final, and e) any Change Order) beyond the time periods provided in this Work Letterother delays by Tenant; and (ef) any other act or omission of Tenant or Tenant's architects, engineers, contractors or subcontractors (all of which shall be deemed to be delays in obtaining a certificate caused by Tenant), (the foregoing shall be items 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"), then the Commencement Date shall occur on only be extended pursuant to Section 20 of the Lease until the date on which Landlord would have substantially completed performance of the Leasehold Improvements such work but for such delays. Except as provided in the Lease, postponement of the commencement of the Term shall be in full settlement of all claims that Tenant Delay(s).might

Appears in 1 contract

Samples: Lease (Requisite Technology Inc /Co)

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Completion and Commencement Date. If As provided in Section 2 and 20 of the Lease, the Term of the Lease (and therefore Tenant's obligation for the payment of Rent) shall not commence until Landlord has substantially completed all work to be performed by Landlord as set forth in this Work Letter; provided, however, that if Landlord is actually delayed (i.e., affecting the critical path of the construction of the Leasehold Improvements) in substantially completing the Leasehold Improvements such work as a result of any of the following, it shall be deemed a “Tenant Delay”of: (a) late submission by Tenant of Tenant information (includinginformation, without limitation, a Space Plan, whether preliminary, interim revisions Plan or final) beyond the time periods provided in this Work LetterCD's; (b) Change Orders requested by Tenant; (c) unforeseeable delays in obtaining non-Building Standard standard construction materials requested by Tenant, including, but not limited to construction materials related to Tenant’s laboratory; (d) Tenant’s 's failure to timely approve any item expressly requiring Tenant’s approval 's approval; (including, without limitation, the Construction Documents, whether preliminary, interim revisions or final, and e) any Change Order) beyond the time periods provided in this Work Letterother delays by Tenant; and (ef) any other act or omission of Tenant or Tenant's architects, engineers, contractors or subcontractors (all of which shall be deemed to be delays in obtaining a certificate caused by Tenant), (the foregoing shall be items 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"), then the Commencement Date shall occur on only be extended pursuant to Section 20 of the Lease until the date on which Landlord would have substantially completed performance of the Leasehold Improvements such work but for such delays. Except as provided in the Lease, postponement of the commencement of the Term shall be in full settlement of all claims that Tenant Delay(s)might otherwise have against Landlord by reason of the Premises not being ready for occupancy by Tenant as of the originally scheduled Commencement Date set forth in Section 2 of the Lease.

Appears in 1 contract

Samples: Lease (Requisite Technology Inc /Co)

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