Delay Credits. ABX shall provide to DHL on or about the sixth (6th) Business Day of each month, a calculation of the Airline Controllable Delays for the previous month, along with a credit memo, if applicable, for any Delay Credits arising from full or partial service failures to which ABX is subject, along with reasonable supporting documentation. Subject to the Disputes provision of Section 7.8 below, DHL may deduct the Delay Credits from any payment to be made to ABX pursuant to the Agreement upon the receipt of ABX’s credit memo.
Delay Credits. In the event the Phase II Improvements are not Substantially Completed on or before the Phase II Projected Completion Date (as the same may be extended on account of Tenant Delays or Weather Delays), Landlord shall credit to Tenant against the Rent first becoming due, the amount of $1,000 per day (the “Per Diem Liquidated Damages”) for each day following the Phase II Projected Completion Date until the Phase II Improvements are Substantially Completed. The Phase II Projected Completion Date shall be extended to the extent of delays resulting from Tenant Delays for all relevant purposes, and prior to August 15, 2004, also due to delays caused by adverse weather conditions of a type which would cause a reasonable contractor in the area of the Property to delay construction on a project similar to the Improvements at the same phase of construction as is Landlord’s construction of the Improvements when that weather condition occurs (“Weather Delays”). The Phase II Projected Completion Date is not subject to Force Majeure Events. The Per Diem Liquidation Damages shall increase to $2,000 for each day following August 15, 2004 (which date shall be extended on account of delays caused by Tenant Delays) until the Phase II Improvements are Substantially Completed (any such period following the Phase II Projected Completion Date during which the Phase II Improvements are not Substantially Completed, the “Completion Delay Period”). If the Completion Delay Period continues up to and including December 31, 2004 (the “Delay Termination Date”), which Delay Termination Date shall be extended to the extent of delays resulting from Tenant Delays but not by Force Majeure Events or Weather Delays, Tenant shall have the right to terminate this Lease by delivery of written notice to Landlord at any time within thirty (30) days after the Delay Termination Date (such an election, the “Delay Termination Election”). If Tenant timely makes the Delay Termination Election, this Lease shall terminate effective as of the Delay Termination Date and Landlord shall pay to Tenant (within five (5) business days following the Delay Termination Date) an amount equal to the accrued and unpaid Per Diem Liquidated Damages. Notwithstanding anything contained herein to the contrary, the right of Tenant to (i) receive the Per Diem Liquidated Damages; (ii) make the Delay Termination Election and, (iii) subject to the aggregate limitation on the Tenant Improvement Allowance contained in Section 3.1 abo...
