Common use of Delay in Substantial Completion Clause in Contracts

Delay in Substantial Completion. If there shall be a delay or delays in the Substantial Completion of the Tenant Improvements, as a result of any of the following (each, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease or this Work Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, for the purpose of determining the commencement of Tenant’s obligation to commence the payment of Rent under the Lease, the date of Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements would have occurred if no Tenant Delay had occurred: (a) Tenant’s failure to timely respond to any matter requiring Tenant’s approval; (b) Tenant’s failure to timely pay any amount hereunder (including, without limitation, the Over-Allowance Amount or Tenant’s Share of any costs); (c) A breach by Tenant of the terms of the Lease or this Work Agreement (including, without limitation, Tenant’s failure to comply with any time deadlines specified in this Work Agreement); (d) Changes in any of the Construction Drawings after approval of the same for any reason;

Delay in Substantial Completion. If there shall be a delay or delays in the Substantial Completion of the Tenant Improvements, as a result of any of the following (each, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease Lease, the First Amendment or this Work Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, for the purpose of determining the commencement of Tenant’s obligation to commence the payment of Rent under the LeaseFirst Amendment, the date of Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements would have occurred if no Tenant Delay had occurred: (a) Tenant’s failure to timely respond to approve any matter requiring Tenant’s approval; (b) Tenant’s failure to timely pay any amount hereunder (including, without limitation, the Over-Allowance Amount or Tenant’s Share of any costs); (c) A breach by Tenant of the terms of the Lease Lease, First Amendment or this Work Agreement (including, without limitation, Tenant’s failure to comply with any time deadlines specified in this Work Agreement); (d) Changes in any of the Construction Drawings after approval of the same for any reason; (e) Tenant’s requirements for materials, components, finishes or improvements which are not available in a commercially reasonable time, or which are different from, or not included in, the Building Standards; (f) Changes to the Building Required by the Working Drawings or (g) Any other acts or omissions of Tenant, its agents, employees, contractors or vendors.

Delay in Substantial Completion. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements, as a result Improvements or in the occurrence of any of the following other conditions precedent to the Commencement Date, as set forth in of the Lease, as a direct, indirect, partial, or total result of: 4.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval; 4.2.2 A breach by Tenant of the terms of this Work Agreement or the Lease; 4.2.3 Tenant’s request for changes (eacha) in the Space Plan, (b) which cause the Approved Working Drawings to not be a logical extension of the Space Plan, (c) to the Approved Working Drawings, or (d) to the Tenant Improvements during the course of construction; 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the estimated Completion Date, as set forth in the Lease, or which are different from, or not included in, Landlord’s standard improvement package items for the Building; 4.2.5 Changes to the base, shell and core of the Building required by the Approved Working Drawings; or 4.2.6 Any other acts or omissions of Tenant, or its agents, or employees; (each of the foregoing, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease or this Work Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, for the purpose of determining the commencement of Tenant’s obligation to commence the payment of Rent under the Lease, the date of Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements would have occurred if no Tenant Delay had occurred: (a) Tenant’s failure to timely respond to any matter requiring Tenant’s approval; (b) Tenant’s failure to timely pay any amount hereunder (including, without limitation, the Over-Allowance Amount or Tenant’s Share of any costs); (c) A breach by Tenant of the terms of the Lease or this Work Agreement (including, without limitation, Tenant’s failure to comply with any time deadlines specified in this Work Agreement); (d) Changes in any of the Construction Drawings after approval of the same for any reason;.