Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be delayed because of: (i) Tenant's failure to submit necessary information to Landlord when required; (ii) Tenant's failure to promptly review and approve the plans for the Interior Improvements in accordance with the Schedule for Performance; (iii) any act by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; (iv) change orders requested by Tenant and approved by Landlord; (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability; or (vi) any delay or default by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlord's required contribution. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or by any other act of Tenant, and in the event it is so delayed, Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay, (but Landlord is not required to give any notice in regard to failure to pay estimated excess Interior Improvement Costs except the initial notice to pay such costs required by Paragraph 5A above).
Appears in 2 contracts
Samples: Lease (Kyphon Inc), Lease (Kyphon Inc)
Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be delayed because of: of (i) Tenant's failure to submit necessary information to Landlord when required; plans for the Interior Improvements in accordance with the Schedule of Performance, (ii) Tenant's failure to promptly review and approve the plans for the Interior Improvements in accordance with the Schedule for Performance; , or (iii) any act by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; (iv) change orders requested by Tenant and approved by Landlord; Landlord (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period up to the amount of time because of limited availability; or (vi) any delay or default specified in the written change order signed by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlord's required contributionTenant). It is the intent of the parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or delays caused by any other act of Tenant, and in the event it is so delayed, Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent delay delays caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay. As used in this Agreement, the term "delays caused by Tenant" shall mean the number of days of actual delay caused by Tenant after receipt of notice thereof from Landlord in accordance with the preceding sentence (but Landlord is not required provided, however, that any delay attributable to give any notice a change order shall be limited to the amount of delay in regard to failure to pay estimated excess Interior Improvement Costs except construction time specified in the initial notice to pay such costs required change order approved and signed by Paragraph 5A aboveTenant), in connection with the matters described in clauses (i) through (iii) of the first sentence of this paragraph.
Appears in 2 contracts
Samples: Lease (Objective Systems Integrators Inc), Lease (Objective Systems Integrators Inc)
Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be delayed because of: of (i) Tenant's failure to submit necessary information to Landlord when required; , (ii) Tenant's failure to promptly review and approve the plans for the Interior Improvements in accordance with the Schedule for Performance; , (iii) any act by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; , (iv) change orders requested by Tenant and approved by Landlord; , or (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability; or (vi) any delay or default by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlord's required contribution. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or by any other act of Tenant, and in the event it is so delayed, Tenant's obligation to pay the Base base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay, (but Landlord is not required to give any notice in regard to failure to pay estimated excess Interior Improvement Costs except the initial notice to pay such costs required by Paragraph 5A above).
Appears in 1 contract
Samples: Lease (Pericom Semiconductor Corp)
Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be delayed because of: of (i) Tenant's failure to submit necessary information to Landlord when required; , (ii) Tenant's Xxxxx failure to promptly review and approve the plans for the Interior Improvements in accordance with the Schedule for Performance; , (iii) any act ad by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; , (iv) change orders requested by Tenant and approved by Landlord; , or (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability; or (vi) any delay or default by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlord's required contribution. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or by any other act of Tenant, Tenant and in the event it is so delayed, Tenant's obligation to pay the Base base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay, (but Landlord is not required to give any notice in regard to failure to pay estimated excess Interior Improvement Costs except the initial notice to pay such costs required by Paragraph 5A above).
Appears in 1 contract
Samples: Sublease Agreement (Tivo Inc)
Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ --------------------------------------- that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be delayed because of: of (i) Tenant's failure to submit necessary information to Landlord when required; , (ii) Tenant's failure to promptly review and approve the plans for the Interior Improvements in accordance with the Schedule for Performance; , (iii) any ally act by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; , (iv) change orders requested by Tenant and approved by Landlord; , or (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability; or (vi) any delay or default by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlord's required contribution. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or by any other act of Tenant, and in the event it is so delayed, Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay, (but Landlord is not required to give any notice in regard to failure to pay estimated excess Interior Improvement Costs except the initial notice to pay such costs required by Paragraph 5A above).
Appears in 1 contract
Samples: Lease (Quicklogic Corporation)
Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be delayed because of: (i) Tenant's failure to submit necessary information to Landlord when required; (ii) Tenant's failure to promptly review and approve the plans for the Interior Improvements in accordance with the Schedule for Performance; (iii) any act by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; (iv) change orders requested by Tenant and approved by Landlord; (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability; or (vi) any delay or default by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlord's required contribution. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or by any other act of Tenant, and in the event it is so delayed, Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay, (but Landlord is not required to give any notice in regard to failure to pay estimated excess Interior Improvement Costs except the initial notice to pay EXHIBIT B such costs required by Paragraph 5A aboveabove as of the Effective Date, there have not been any Tenant Delays).
Appears in 1 contract
Samples: Lease (Cylink Corp /Ca/)
Delay in Completion Caused by Tenant. The parties hereto acknowledge ------------------------------------ that the date on which Tenant's obligation to pay the Base Monthly Rent and the Additional Rent would otherwise commence may be monthly delayed because of, among other things: (ia) Tenant's failure to submit necessary information to Landlord when required; (ii) Tenant's failure to promptly review and approve the or make comments to plans for the Interior Tenant Improvements submitted by Landlord within any specific time periods set forth in accordance with the Schedule for Performanceparagraph 1; (iii) any act by Tenant which interferes with or delays the completion of the plans for the Interior Improvements or Landlord's construction work; (ivb) change orders requested by Tenant and approved by Landlord; (vc) special materials or equipment ordered or specified Tenant's failure to complete any of its own improvement work to the extent Tenant delays completion by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period appropriate governmental authorities of time because their final inspection and approval of limited availabilityLandlord's improvements; or (vid) any delay or default interference with Landlord's work caused by Tenant in paying the estimated cost of construction of Interior Improvements in excess of the Landlordor by Tenant's required contributioncontractors or subcontractors (collectively "Tenant Delays"). It is the intent of the ------------- parties hereto that the commencement of Tenant's obligation to pay the Base Monthly Rent and all Additional Rent not be delayed by any of such causes or by any other act of Tenantcauses, and in the event it is so delayed, then Tenant's obligation to pay the Base Monthly Rent and all Additional Rent shall commence as of the date it would otherwise have commenced absent said delay caused by Tenant, provided that within a reasonable period . Delays in excess of time after learning thirty (30) days for any of the occurrence above-mentioned reasons may affect Landlord's financing of construction of the cause of any such delay, Landlord notifies Premises and Tenant in writing of the fact that such delay has occurred and the known or anticipated extent of any such delay, (but Landlord is not required to give any notice in regard to failure agrees to pay estimated excess Interior Improvement Costs except the initial notice to pay such costs required any reasonable additional financing costs, including loan fees, incurred by Paragraph 5A above)Landlord as a result thereof.
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