Common use of Construction Delays Clause in Contracts

Construction Delays. If the Work has not been substantially completed by the Commencement Date set forth in the Lease Document due to casualty damage, acts of God, strikes, shortages of labor or materials, or any other reason (“Construction Delays”), then Landlord’s delivery of possession of the Premises (if applicable) shall be postponed as a result. In such case, subject to any contrary provisions in the Lease Document, the Commencement Date set forth in the Lease Document for all other purposes, including commencement of Rent, shall be postponed until the Work is substantially completed, except to the extent that substantial completion is delayed as a result of one or more of the following events (collectively called “Tenant Construction Delays”): (i) Tenant’s delays in approving the Construction Drawings under Section III, (ii) Tenant’s requests for changes to the Work or Change Orders under Section V, or otherwise, (iii) Tenant’s failure to furnish an amount equal to Landlord’s reasonable estimate of Tenant’s Cost (if any) within the time required under Section VI (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord, without limiting Landlord’s other remedies), (iv) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IV), or other delays not typically encountered in connection with Landlord’s standard office improvements, (v) the performance by Tenant or Tenant’s Contractors (as defined in Section VIII) of any work at or about the Premises or Property, (vi) any act or omission of Tenant or Tenant’s Contractors, any breach by the Tenant of any provisions contained in this Exhibit or in the Lease Document, or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely manner.

Construction Delays. If the Work has not been substantially completed by the Commencement Date set forth in the Lease Document due to casualty damage, acts of God, strikes, shortages of labor or materials, or any other reason (“"Construction Delays”"), then Landlord’s 's delivery of possession of the Premises (if applicable) shall be postponed as a result. In such case, subject to any contrary provisions in the Lease Document, the Commencement Date set forth in the Lease Document for all other purposes, including commencement of Rent, shall be postponed until the Work is substantially completed, except to the extent that substantial completion is delayed as a result of one or more of the following events (collectively called “"Tenant Construction Delays”"): (i) Tenant’s delays in approving the Construction Drawings under Section IIIPlanning Delays as described above (except for Landlord Planning Delays), (ii) Tenant’s 's requests for changes to the Work or Change Orders under Section VIII, or otherwise, (iii) Tenant’s 's failure to furnish an amount equal to Landlord’s 's reasonable estimate of Tenant’s 's Cost (if any) within the time required under Section VI IV (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord, without limiting Landlord’s 's other remedies), (iv) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IVIII), or other delays not typically encountered in connection with Landlord’s 's standard office improvements, (v) the performance by Tenant or Tenant’s 's Contractors (as defined in Section VIIIVI) of any work at or about the Premises or Property, (vi) any act or omission of Tenant or Tenant’s 's Contractors, any breach by the Tenant of any provisions contained in this Exhibit or in the Lease Document, or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely manner.

Construction Delays. If the Work has is not been substantially completed by the scheduled Term Commencement Date set forth in the Basic Lease Document due Information, and such delay is directly attributable to casualty damage, acts of God, strikes, shortages of labor or materials, or any other reason Tenant Delays (“Construction Delays”as defined below), then the date on which Base Rent first becomes payable under this Lease shall be advanced by one day for each day that Tenant Delays actually delay substantial completion of the Work by Landlord’s delivery of possession contractor. For this purpose, "Tenant Delays" shall consist of: (1) Delays in Planning (as adjusted for any Landlord Delays), (2) after approval of the Premises (if applicable) shall be postponed as a result. In such caseConstruction Drawings, subject to any contrary provisions in the Lease Document, the Commencement Date set forth in the Lease Document for all other purposes, including commencement of Rent, shall be postponed until the Work is substantially completed, except to the extent that substantial completion is delayed as a result of one or more of the following events (collectively called “Tenant Construction Delays”): (i) Tenant’s delays in approving the Construction Drawings under Section III, (ii) Tenant’s 's requests for changes to the Work or Change Orders under Section V3, or otherwise, whether or not approved by Landlord, (iii3) Tenant’s 's failure to furnish an amount equal to Landlord’s reasonable estimate approve reasonably substantiated estimates of Tenant's Cost or to pay Tenant’s Cost share of progress payments within five (if any5) within the time required under Section VI (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord, without limiting Landlord’s other remedies)days of a written request therefor, (iv4) any upgrades, special work or other non-building non‑building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IV3), or other delays not typically encountered in connection with Landlord’s standard office improvementsimprovements (but the same shall constitute a Tenant Delay only to the extent Landlord gives Tenant timely notice that elements of the Work are subject to this clause (5)), (v5) delays caused by the contractor performing the Work, if selected by Tenant, (6) the performance by Tenant or Tenant’s Contractors (as defined in Section VIII) 's Contractors, agents or employees of any work at or about the Premises or PropertyBuilding, or (vi7) any act or omission of Tenant or Tenant’s 's Contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Exhibit or in the Lease DocumentLease, or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely manner.

Construction Delays. If (a) Landlord’s obligation to cause the Work has not been substantially completed by General Contractor to construct the Commencement Date set forth Tenant Improvements in the Lease Document Fourth Floor Premises shall be subject to delays due to casualty damage(i) acts or events beyond Landlord’s reasonable control including, but not limited to, acts of God, earthquakes, strikes, shortages lockouts, boycotts, casualties, discontinuance of labor any utility or materialsother service required for performance of the Tenant Improvements, moratoriums, governmental agencies, delays on the part of governmental agencies, delays in obtaining permits or approvals from governmental agencies and inclement weather (including rain delays), (ii) the lack of availability or shortage of specialized materials used in the construction of the Tenant Improvements, or (iii) any changes required by the fire department, building and/or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements (other than those required changes directly attributable to a Tenant Delay (as defined below), Tenant’s Change Orders, or any other reason improvements requested by Tenant that are not typically part of general office uses, which shall be considered Tenant Delays (as defined below)). Collectively, the foregoing are referred to as “Construction Force Majeure Delays”), then Landlord. (b) Any actual delay directly attributable to Tenant and/or any of Tenant’s delivery of possession of the Premises (if applicable) shall be postponed as a result. In such case, subject to any contrary provisions in the Lease Document, the Commencement Date set forth in the Lease Document for all other purposes, including commencement of Rent, shall be postponed until the Work is substantially completed, except to the extent that substantial completion is delayed Representatives as a result of one or more any of the following described events (collectively called “Tenant Construction Delays”): or occurrences: (i) Tenant’s delays in approving related to changes made or requested by Tenant to the Construction Tenant Improvements, the Final Drawings under Section III, and/or the Approved Final Drawings; (ii) Tenant’s requests for changes the failure of Tenant to the Work furnish all or Change Orders any plans, drawings, specifications, finish details or other information when required under Section V, or otherwise, Sections 3 and 4 above; (iii) the failure of Tenant to comply with the requirements of Section 10 below; (iv) Tenant’s failure requirements for extraordinary work or materials, finishes, or installations that cannot be reasonably obtained in accordance with General Contractor’s construction schedule; provided that General Contractor or Landlord advises Tenant of the potential delay within ten (10) business days after Tenant’s request therefor; (v) Tenant’s requirements for extraordinary phasing of the construction that requires a materially different sequence of construction activities than General Contractor’s construction schedule; provided that General Contractor or Landlord advises Tenant of the potential delay within ten (10) business days after Tenant’s request therefor; (vi) any changes in the Approved Final Drawings or the Tenant Improvements required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building only if such changes are directly attributable to furnish an amount equal any improvements requested by Tenant that are not typically part of general office uses or Tenant’s Change Orders; (vii) the completion of any work associated with Tenant’s Installations, including without limitation, work related to Landlord’s reasonable estimate any requirements of governmental and regulatory agencies with respect to any of Tenant’s Cost Installations; (if any) within the time required under Section VI (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord, without limiting Landlord’s other remedies), (iv) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IV), or other delays not typically encountered in connection with Landlord’s standard office improvements, (vviii) the performance by Tenant or Tenant’s Contractors (as defined in Section VIII) of any additional work at pursuant to a Change Request that is initiated by Tenant; (ix) the performance of work in or about the Premises by any person, firm or Propertycorporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (vix) any act and all delays caused by or omission arising from the acts or omissions of Tenant or and/or Tenant’s ContractorsRepresentatives, shall be collectively referred to as a “Tenant Delay”. (c) There shall be no extension of the Expiration Date of the Term of the Lease due to any delays in Substantial Completion of the Tenant Improvements in the Fourth Floor Premises. Notwithstanding anything to the contrary contained in the Lease, any breach by delays in the construction of the Tenant Improvements due to any Tenant Delay(s) shall in no way extend the date on which Tenant is required to commence paying Rent for the Fourth Floor Premises under the terms of any provisions contained in this Exhibit the Lease (or would have been required to commence paying Rent, but for the Tenant Delay(s)), it being understood and agreed that for purposes of determining the date upon which Tenant’s obligation to pay Rent for the Fourth Floor Premises shall commence, such date shall be deemed to be the date the Tenant Improvements in the Lease DocumentFourth Floor Premises would have been Substantially Completed, but for any Tenant Delay(s). It is the intention of the parties that Tenant shall be wholly and completely responsible for all Tenant Delays and any and all consequences related to such Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely mannermaterials.

Construction Delays. If the Work has not been substantially completed by the Commencement Relocation Date set forth in the Lease Document Amendment due to casualty damage, acts of God, strikes, shortages of labor or materials, or any other reason (“Construction Delays”), then Landlord’s delivery of possession of the New Premises (if applicable) shall be postponed as a result. In such case, subject to any contrary provisions in the Lease DocumentAmendment, the Commencement Relocation Date set forth in the Lease Document Amendment for all other purposes, including commencement of Rent, shall be postponed (and Tenant shall continue to be pay Rent for the Former Premises in accordance with the Original Lease) until the Work is substantially completed, except to Table of Contents the extent that substantial completion is delayed as a result of one or more of the following events (collectively called “Tenant Construction Delays”): (i) Tenant’s delays in approving the Construction Drawings under Section IIIPlanning Delays as described above (except for Landlord Planning Delays), (ii) Tenant’s requests for changes to the Work or Change Orders under Section VIII, or otherwise, (iii) Tenant’s failure to furnish an amount equal to Landlord’s reasonable estimate of Tenant’s Cost (if any) within the time required under Section VI IV (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord, without limiting Landlord’s other remedies), (iv) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IVIII), or other delays not typically encountered in connection with Landlord’s standard office improvements, (v) the performance by Tenant or Tenant’s Contractors (as defined in Section VIIIVI) of any work at or about the New Premises or Property, (vi) any act or omission of Tenant or Tenant’s Contractors, any breach by the Tenant of any provisions contained in this Exhibit or in the Lease DocumentLease, or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely manner.

Construction Delays. If the Work has is not been substantially completed by the Commencement Date set forth in the Lease Document due to casualty damageDate, acts commencement of God, strikes, shortages of labor or materials, or any other reason (“Construction Delays”), then Landlord’s delivery of possession of the Premises (if applicable) Rent shall be postponed to the extent that Tenant is unable to use the Premises as a result. In such case, subject to any contrary provisions in the Lease Document, the Commencement Date set forth in the Lease Document for all other purposes, including commencement of Rent, shall be postponed until the Work is substantially completed, except to the extent that substantial completion is delayed delays occur as a result of one or more of the following events (collectively called “"Tenant Construction Delays”"): (i1) Delays in Planning as described above (except for Landlord Delays), (2) Tenant’s delays in approving the Construction Drawings under Section III, (ii) Tenant’s 's requests for changes to the Work or Change Orders under Section VIII, or otherwise, whether or not approved by Landlord, (iii3) Tenant’s 's failure to approve estimates of Tenant's Cost or furnish an amount equal to Landlord’s reasonable 's estimate of Tenant’s 's Cost (if any) within the time required under Section VI IV (which shall give Landlord the absolute right to postpone or suspend the Work until such amount is furnished to Landlord, without limiting Landlord’s 's other remedies), (iv4) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section IVIII), or other delays not typically encountered in connection with Landlord’s 's standard office improvements, (v5) the performance by Tenant or Tenant’s Contractors (as defined in Section VIII) 's Contractors, agents or employees of any work at or about the Premises or PropertyBuilding, or (vi6) any act or omission of Tenant or Tenant’s 's Contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Exhibit or in the Lease DocumentLease, or any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Work to be designed and performed in a timely manner.