Delay in Completion of Tenant Improvements Sample Clauses

Delay in Completion of Tenant Improvements. Notwithstanding anything to the contrary contained in this Workletter or in the Lease, the Rent Commencement Date under the Lease shall be delayed by one (1) day for each day, if any, by which Tenant’s Substantial Completion of the Tenant Improvements to be constructed initially by Tenant pursuant to this Workletter is delayed beyond May 1, 2007 by one or more Landlord Delays. For purposes of this paragraph, “Substantial Completion” means completion in all material respects, subject on to completion of punch list items that do not materially impair Tenant’s use of the Premises; similar phrases (such as “Substantially Completed”) shall have the same substantive meaning, with such grammatical modification as may be necessary to fit the specific context in which the phrase is used; and “Landlord Delay” means any actual and material delay in Substantial Completion of the Tenant Improvements to the extent caused by (a) any delay by Landlord, beyond the applicable response periods prescribed in this Workletter, in responding to any request by Tenant for approval of plans, specifications or changes, or (b) any delay beyond March 31, 2007 in the Substantial Completion of Landlord’s Work (as defined in the Lease); provided that no Landlord Delay shall be deemed to commence prior to the later to occur of (i) the date of actual commencement of the actual and material delay in the construction of the Tenant Improvements or (ii) the date Tenant notifies Landlord in writing that Tenant believes a Landlord Delay has commenced, which notice shall describe in reasonable detail the nature of the event claimed by Tenant to constitute the Landlord Delay and the nature of the actual delay claimed by Tenant to be occurring in the construction of the Tenant Improvements. In applying the foregoing provisions and the provisions of Section 2.2 of the Lease, Tenant and Landlord shall each use reasonable, good faith efforts to identify and adopt any commercially reasonable “work arounds” or alternative schedules or plans to avoid or minimize the impact of any Landlord Delays, but the phrase “commercially reasonable” shall not be construed to require either party to incur any material increase in such party’s costs, net of any economic benefits reasonably accruing to such party, in order to mitigate the effects of a Landlord Delay.

Delay in Completion of Tenant Improvements. If the completion of the Tenant Improvements is delayed due to a Force Majeure Event or Landlord Delay, the Commencement Date shall be extended for the number of days completion of the Tenant Improvements is actually delayed as a result of such Force Majeure Event or Landlord Delay. For purposes of this Lease, the term “Landlord Delay” shall mean any actual delay in the completion of the Tenant Improvements to the extent such delay is proximately caused by the failure of Landlord to approve or disapprove of drawings, plans, or other required submissions relating to the design or construction of the Tenant Improvements in accordance with and within the time specified in the Work Letter for such approval or disapproval, except to the extent delay under this Section 3.1.4 is attributable to Tenant Delay or to any Force Majeure Event; and provided that no period of Landlord Delay shall commence until Tenant shall have provided written notice to Landlord specifying the facts and circumstances alleged to constitute such Landlord Delay, and the same shall continue without cure or correction for one (1) business day following such notice. For the purposes of this Lease, the term “Tenant Delay” shall mean any delay in the completion of the Tenant Improvements to the extent such delay is proximately caused by the act, omission, neglect or failure of Tenant, Tenant’s Architect, General Contract or any of their respective agents, employees, contractors or subcontractors.