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 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 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.

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 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.