COMPLETION; TENANT DELAY Sample Clauses
COMPLETION; TENANT DELAY. (a) As used herein, the term "Substantial Completion of the Tenant Improvements" shall be deemed to mean the date when all of the following shall have occurred: (i) Landlord shall have delivered to Tenant a certificate of occupancy issued by the City of Sunnyvale for the Leased Premises, or Tenant may legally occupy the Leased Premises for the operation of its business without violating any law or regulation or voiding or adversely affecting its insurance coverage, whether pursuant to a temporary certificate of occupancy or otherwise; and (ii) Landlord shall have substantially completed construction of the Base Building substantially in accordance with the Base Building Plans and all Tenant Improvements substantially in accordance with the Final Plans, subject only to the completion of reasonable punch list items, which, in the absence of manifest error, shall be established by a certificate executed by Landlord's architect certifying that such state of completion has been achieved. Without limiting the generality of the foregoing, "Substantial Completion of the Tenant Improvements" shall not be deemed to have been achieved unless and until (i) the building systems, including roof, plumbing, HVAC, sprinkler, electrical (including panels and outlets), doors (both personnel and shipping), lighting, ceiling tiles, and window coverings are in good working order, (ii) the interior and exterior of the Building are in compliance with all applicable Laws, (iii) all debris and clutter has been removed from the Leased Premises and final cleanup completed, (iv) exterior windows are washed inside and out, and (v) parking lot and landscaping are in good condition and free of debris, clutter and all construction equipment. After substantial completion of the Tenant Improvements and delivery of the Leased Premises to Tenant, Landlord and Tenant shall execute a Lease Commencement Date Certificate in the form attached as Exhibit "C" to the Lease.
(b) If Landlord shall be delayed in substantially completing the Tenant Improvements as a result of:
(i) Tenant's failure to furnish the information, instructions and plans required in paragraph 3 or approve the Working Drawings, within the applicable time periods specified in paragraph 5; or
(ii) Any changes in the scope of the Tenant Improvements from that set forth in the Space Plans, or any Changes to the Final Plans requested by Tenant after approval thereof pursuant to paragraph 7; or
(iii) Any interruption or interference i...
COMPLETION; TENANT DELAY. If Landlord shall be delayed in substantially completing the Landlord’s Work as a result any of the following (collectively, “Tenant Delays”):
1. Any entry into the Building by Tenant, or any of Tenant’s agents, employees, licensees, contractors or subcontractors, which delays substantial completion of the Landlord’s Work; or
2. Any matters specifically identified elsewhere in this Work Letter or in the Lease as Tenant Delays; or
3. Any other act, neglect, failure or omission of Tenant, its agents, employees or contractors, then the date upon which Substantial Completion of the Landlord’s Work is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the date upon which the Building is delivered to Tenant in the condition called for by the Lease and this Work Letter shall be deemed to have occurred in advance of the actual delivery date by the cumulative duration of such Tenant Delays.
1. Repair of all defective lighting.
2. Repainting of interior walls and ceilings and replacement of stained ceiling tiles (to the extent necessary and mutually agreed upon by Landlord and Tenant).
3. Cleaning of all carpeted and tiled floors.
4. Make the following doors to the Building each card/access key-capable and accessible: front door, side door off of the back hallway and door on the laboratory-side of Building.
5. Repair or replacement of the existing window blinds in the Leased Premises (whether for interior or exterior windows of the Building), to the extent necessary to bring such window blinds in the Building to good, working condition.
COMPLETION; TENANT DELAY. If Landlord shall be delayed in substantially completing the Landlord’s Work as a result any of the following (collectively, “Tenant Delays”):
COMPLETION; TENANT DELAY. If Landlord shall be actually delayed in achieving the Required Delivery Condition as a result any of the following (collectively, “Tenant Delays”):
(a) Any entry into the Building by Tenant, or any of Tenant’s agents, employees, licensees, contractors or subcontractors, which delays substantial completion of the Base Building Work; or
(b) Any matters specifically identified elsewhere in this Work Letter or in the Lease as Tenant Delays; or
(c) Any breach by Tenant, its agents, employees or contractors, then the date upon which the Required Delivery Condition is deemed to have been achieved shall be advanced by the cumulative duration of such Tenant Delays, and the date upon which the Building is delivered to Tenant in the condition called for by the Lease and this Work Letter shall be deemed to have occurred in advance of the actual delivery date by the cumulative duration of such Tenant Delays. Notwithstanding anything herein to the contrary, no Tenant Delay described in clauses (b) or (c) above shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or inaction that constitutes the Tenant Delay, and in such case, the applicable Tenant Delay shall be deemed to have occurred commencing as of the date such notice is received and continuing until the same is cured. Landlord agrees to notify Tenant in writing when Landlord becomes aware of a Tenant Delay described in clause (a) above, but the date of such notice shall not be a limitation on the commencement of the applicable Tenant Delay. Building 4