Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of: 5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval; 5.2.2 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease; 5.2.3 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan; 5.2.4 Any Non-Conforming Tenant Improvements; 5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards; 5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements; 5.2.7 Changes to the base, shell and core work of the Building required by the Tenant Improvements; or 5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the 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 or delays, as set forth above, had occurred.
Appears in 3 contracts
Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 3 contracts
Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence Premises as a result of any of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings;
4.2.6 any changes in the Construction Drawings and/or the Tenant ImprovementsImprovements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred.
Appears in 3 contracts
Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plan, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 3 contracts
Samples: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s approvalcomply with the Time Deadlines;
5.2.2 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease, beyond any applicable notice and cure periods;
5.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings Changes pursuant to not be a logical extension or, or consistent with, the Approved Space PlanSection 3.5 of this Work Letter;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesImprovements, as set forth in the Lease, or which are different from, or not included inin the Building Standards, Landlord’s but only to the extent an alternate Building standardsStandard material, component, finish or improvement is available in a commercially reasonable time given the anticipated date of Substantial Completion of the Improvements;
5.2.5 Tenant's requirement for specialized or unusual improvements and/or delays in obtaining Permits due thereto;
5.2.6 Any failure by Tenant to timely pay for in cash in advance to Landlord any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work portion of the Building required by the Tenant ImprovementsOver-Allowance Amount; or
5.2.8 5.2.7 Any other willful acts or negligent omissions (where Tenant is required to act) of Tenant, or its agents, or employees, which actually interferes with the progress of constructing the Improvements and which is not remedied by Tenant within two (2) business days after written notice to Tenant's representative of such act or omission; (each, a "Tenant Delay") then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysTenant Delays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25, the Lease Commencement Date and Tenant’s obligation to pay rent for the Premises shall occur as set forth in Article 2 of the Lease and Section 5.1Lease. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve or not approve (stating the reasons therefor) any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Improvements in the Premises, as set forth in the Lease, or and which are different from, or and not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of Improvements in the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Rent Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there Each of the following shall be constitute a “Tenant Delay” to the extent such matter actually causes a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result ofand cannot reasonably be avoided without more than minimal additional cost:
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approvalapproval within the time periods set forth herein (which, for avoidance of doubt, shall mean any period longer than five (5) Business Days or such shorter time period as may be required hereunder) except to the extent that Tenant is deemed to consent to any such request for approval in accordance with the terms of this Work Letter;
5.2.2 5.2.3 A material breach by Tenant of the material terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 TenantLease (provided that Landlord shall provide Tenant five (5) day’s request for changes in prior written notice and opportunity to cure, specifying the Tenant Improvements, nature of the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Planbreach and resulting delay under this Section 5.2.3);
5.2.4 Any Non-Conforming Tenant ImprovementsChange (including value engineering changes described in Section 4.2, above);
5.2.5 Tenant’s requirement for insistence on materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesCompletion, as set forth in the Lease, after having been informed, in writing, by Landlord that such materials, components, finishes or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for improvements will cause a delay in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work completion of the Building required by the Tenant Improvements; or
5.2.8 5.2.6 Any other act or omission of Tenant or anyone acting by, through or under Tenant that causes a delay in construction work or any process described in this Tenant Work Letter (provided that Landlord shall provide Tenant prior written notice specifying the nature of the acts or omissions giving rise to the delay and the resulting delay under this Section 5.2.6); and/or
5.2.7 Any act or omission of Tenant or anyone acting by, through or under Tenant that causes a delay in the issuance of the Sign Off (where provided that Landlord shall provide Tenant is required prior written notice specifying the acts or omissions giving rise to act) of Tenant, or its agents, or employees; thenthe delay and the resulting delay under this Section 5.2.7). Upon any Tenant Delay, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion Completion, the date of the Tenant Improvements, the Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurredoccurred and the Rent Commencement Date shall be deemed to have occurred accordingly. Any reasonable and verifiable increased costs of the Tenant Improvements resulting from Tenant Delay shall be shall be paid by Tenant to Landlord immediately upon Landlord’s written request as an addition to the Over-Allowance Amount. Landlord and Tenant have agreed to determine the length of any Tenant Delay as follows:
(i) any delays pursuant to Sections 5.2.1 or 5.2.2, above, shall be equal to one day for each day that the applicable Tenant Delay continues beyond the applicable time period required under the Lease, and (ii) with respect to any other Tenant Delay, Landlord shall notify Tenant in writing of the claimed estimated length of such Tenant Delay within ten (10) Business Days after its occurrence and Tenant may elect by written notice delivered to Landlord within five (5) Business Days thereafter to dispute the claimed estimated Tenant Delay. Unless such estimate is disputed by written notice delivered within such five (5) Business Day period, the length of such Tenant Delay shall be the claimed Tenant Delay.
Appears in 2 contracts
Samples: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 3 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 3 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Changes in any of the Tenant ImprovementsImprovements because the same do not comply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by in connection with the Tenant Improvements; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Office Lease (Team Communication Group Inc), Office Lease (Team Communication Group Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a an actual delay or there are actual delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Datebeyond February 1, as set forth in Article 2 of the Lease, 2018 as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Construction Drawings to not be a logical extension or, or consistent with, the Approved Space Planextent set forth in an approved written change order prepared by Landlord and approved by Tenant;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;standard tenant improvement items for the Building.
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings;
4.2.6 any changes in the Construction Drawings and/or the Tenant ImprovementsImprovements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsCompletion, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing or anything to the contrary herein, for purposes of determining whether the Commencement Date should be so accelerated with respect to the Tenant Delays described in Sections 4.2.2 or 4.2.7 only, (i) no Tenant Delay as set forth in Sections 4.2.2 or 4.2.7 as applicable, shall be deemed to have occurred unless and until Landlord has provided notice to Tenant (which may be given by email or verbally to representatives of Tenant) (the “Tenant Delay Notice”) specifying the action or inaction by Tenant which Landlord contends constitutes the Tenant Delay pursuant to Sections 4.2.2 or 4.2.7 8, as applicable, and (ii) if such action or inaction is not cured by Tenant within one (1) business day of receipt of such Tenant Delay Notice, then a Tenant Delay pursuant to Sections 4.2.2 or 4.2.7, as applicable, as set forth in such Tenant Delay Notice, shall be deemed to have occurred commencing as of the date the Tenant Delay Notice is given.
Appears in 2 contracts
Samples: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence Premises as a result of any of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, Construction Drawings in the Approved Space Plan, or, once completed, amount of the Approved Working Drawings, or Tenant’s request for changes which cause delay actually incurred by Landlord on account of such change but only if the Approved Working Drawings to not be a logical extension or, or consistent with, same actually delays Substantial Completion of the Approved Space PlanPremises;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building standards;
5.2.6 Any failure in the amount of delay actually incurred by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to Landlord on account of such change but only if the base, shell and core work same actually delays Substantial Completion of the Building required by the Tenant ImprovementsPremises; or
5.2.8 Any 4.2.5 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; employees that continue more than one (1) day after written notice thereof by Landlord. then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred. Landlord shall deliver to Tenant at the time Landlord approves a request by Tenant pursuant to Sections 4.2.3 or 4.2.4 above, a reasonable, good faith estimate of any delay in Substantial Completion that will result from the change after consultation with the Contractor. In connection therewith, Landlord shall endeavor to obtain a change order from the Contractor with a specified amount of such delay and, if it is able to obtain such specified amount, Landlord shall notify Tenant thereof, at the time it approves the request and the amount of Tenant Delay shall not exceed such amount.
Appears in 2 contracts
Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.14.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, beyond November 1, 2019, as a direct, indirect, partial, or total result of:
5.2.1 4.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for approval of changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause to the Approved Working Drawings to not be which cause a logical extension or, or consistent with, the Approved Space Plandelay in Substantial Completion;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Building;
5.2.6 Any 4.2.5 Tenant’s failure by Tenant to timely pay for in cash in advance Landlord any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes amounts required pursuant to the base, shell and core work Section 2 of the Building required by the Tenant ImprovementsWork Letter; or
5.2.8 4.2.6 Any other negligent acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred, but in no event shall the date of Substantial Completion be sooner than November 1, 2019, regardless of any such Tenant delays. Notwithstanding the foregoing, no Tenant delay shall be deemed to have occurred unless Landlord gives Tenant notice of such delay and Tenant fails to act to cure the delay or refrain from the action causing the delay within one (1) business days of such notice.
Appears in 2 contracts
Samples: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space PlanSystems Plans;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Approved Working Drawings;
5.2.8 Any Tenant ImprovementsCaused Permit Failure, any Tenant Caused Systems Permit Failure and/or any Tenant Caused C of O Failure; or
5.2.8 5.2.9 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; (each, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25, the Lease Commencement Date and Tenant’s obligation to pay rent for the Premises shall occur as set forth in Article 2 of the Lease and Section 5.1Lease. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of Improvements in the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Standard Office Lease, Standard Office Lease (Alliance Bancshares California)
Delay of the Substantial Completion of the Premises. Except as ------------------------------------------------------ provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"TENANT DELAYS"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the (hat Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.] EXHIBIT "D" ----------- -2-
Appears in 2 contracts
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Office Lease (MFC Development Corp), Office Lease (Mitek Systems Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25.1, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.15.2, abovebelow. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 5.1.1 Tenant’s failure to comply with the Time Deadlines;
5.1.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.1.3 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 5.1.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.1.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.1.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time (and where no reasonable substitute exists) given the anticipated date of Substantial Completion of the PremisesImprovements, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 5.1.7 Changes to the Base Building required by the Approved Working Drawings;
5.1.8 Tenant’s use of specialized or unusual improvements and/or delays m obtaining Permits due thereto;
5.1.9 Any failure by Tenant to timely pay for in cash in advance to Landlord any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work portion of the Building required by the Tenant ImprovementsOver-Allowance Amount; or
5.2.8 5.1.10 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements shall be deemed to be have occurred on the date the such Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 2 contracts
Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If and to the extent there shall be a an actual delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s failure to comply with the Time Deadlines (as the same may be extended as a result of a Force Majeure Delay or a Landlord Delay);
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other Applicable Laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Approved Working Drawings, provided that Landlord has informed Tenant Improvements; orof such changes in accordance with Section 3.1, above;
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees’
5.2.9 Tenant’s failure to deliver the L-C pursuant to Article 21 of the Lease; (each, a “Tenant Delay”), then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred. Notwithstanding the foregoing or anything to the contrary set forth in this Section 5.2, if Landlord contends that a delay has occurred pursuant to Section 5.2.8, Landlord shall notify Tenant in writing of the date upon which such delay occurred, and, notwithstanding anything in this Tenant Work Letter to the contrary, a delay shall not be deemed to have occurred unless all actions, inaction or circumstances described in such notice are not cured by Tenant within one (1) business day after receipt of the delay notice from Landlord; provided further, however, that if Tenant has previously received five (5) or more delay notices from Landlord, then Landlord shall not be required to deliver a delay notice to Tenant and any delay by Tenant pursuant to Section 5.2.8 shall immediately be deemed a Tenant Delay.
Appears in 1 contract
Samples: Office Lease (Trulia, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Beneficial Occupancy Date and the Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"): 5.
5.2.1 2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;; 5.
5.2.2 2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;; 5.
5.2.3 2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings; 5.
2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;comply with applicable laws; 5.
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards;'s standard improvement package items for the Project; 5.
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 2.6 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; oror 5.
5.2.8 2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.. SECTION 6 MISCELLANEOUS 6.1
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.15.1 of this Tenant Work Letter, above. If there shall be a an actual delay or there are any actual delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of any of the following acts or omissions which are under the control of Tenant or agents of Tenant, after taking into account the "net critical path" effect of delays caused by Landlord (as defined below) and any event of Force Majeure and after Tenant has received written notice from Landlord identifying any of the following and one business day has elapsed after receipt of such notice to allow Tenant an opportunity to cure the same (a "Tenant Delay"):
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Nextcard Inc)
Delay of the Substantial Completion of the Premises. Except Expect as provided in this Section 5.2, 6. Tenant’s obligation to pay rent for the Lease Commencement Date premises shall occur as set forth in Article 2 of the Lease and Section 5.1Second Amendment. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any 2004 Landlord’s Work as a result of the other conditions precedent following (collectively, “Tenant Delays”):
6.1 Tenant’s failure to comply with the Lease Commencement Date, as set forth in Article 2 of the Lease, Ties Deadlines (except where such delay otherwise qualifies as a direct, indirect, partial, or total result of:Force Majeure Dalay):
5.2.1 6.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;:
5.2.2 6.3 A material breach by Tenant of the terms of this Work Letter Agreement Exhibit “B” or the Lease, as modified by the First and Second Amendment thereto, beyond any applicable notice and care period but only to the extent such breach results in an actual delay in Substantial Completion:
6.4 Changes in any of the place after the required submission date for the places or after disapproval of the same by Landlord (for reasonable reasons) or because the same do not comply with building codes or other applicable laws; provided, however, that if Tenant submits any Plans prior to the date due under this Exhibit “B”, then any additional time required as a result of the changes described in this Section 6.4 shall not constitute a Tenant Delay until and unless such delay exceeds beyond the date Tenant is required to submit such Plans under the terms of this Exhibit “B”;
5.2.3 6.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;approved Plans.
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 6.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease2004 Landlord’s Work, or which are different from, from or not included in, Landlord’s Building standardsstandard tenant improvement specifications; provided, however, that this Section 6.6 shall not apply to the extent Tenant agrees to substitute for such item another item that is available and can be installed within the required time frames;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 6.7 Changes to the base, shell shall and core work of requested by Tenant as specified on the Building required by the Tenant Improvementsapproved Plans; or
5.2.8 6.8 Any other acts negligent act or omissions (where Tenant is required to act) omission of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement Exhibit “B” and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsLandlord’s Work, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay or delaysDelay(s), as set forth above, had occurred. No Tenant Delay shall be deemed to have occurred to the extent such delay is a result of Force Majors Delays nor shall a Tenant Delay occur unless Landlord shall within one(1) business day after the occurrence give Tenant written notice specifying such Tenant Delay, and Tenant shall not within such one(1) business day correct or cure them. The number of days of Tenant Delay shall then commence as of the date of Landlord’s delivery of such notice to Tenant. Any delays to the extent due to any negligent or wrongful act or omission of Landlord, its agents or contractors, shall be excluded from the number of days of Tenant Delays.
Appears in 1 contract
Samples: Sublease (Zogenix Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.. SECTION 6 --------- MISCELLANEOUS -------------
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.14.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 4.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval, which continues for one (1) business days after Tenant’s receipt of written notice from Landlord specifying that continued failure to approve such matter will constitute a Tenant delay;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, which continues for two (2) business days after Tenant’s receipt of written notice from Landlord specifying that continued failure to cure such breach will constitute a Tenant delay;
5.2.3 4.2.3 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for provided that Landlord notifies Tenant in writing before undertaking such changes which cause the Approved Working Drawings to not be that such changes will result in a logical extension or, or consistent with, the Approved Space PlanTenant delay;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are (1) not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or and (2) which are different from, or not included in, Landlord’s standard improvement package items for the Building standards(unless such standard improvement package items are not presently in stock and Tenant refuses to accept a reasonable substitute that is presently in stock);
5.2.6 Any 4.2.5 Tenant’s failure by Tenant to pay for in cash in advance timely deliver to Landlord any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes amounts required pursuant to the baseSection 2, shell and core work Change Orders, above, of the Building required by the Tenant ImprovementsWork Letter; or
5.2.8 4.2.6 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees, which continues for one (1) business day after Tenant’s receipt of written notice from Landlord specifying that continued failure to cure such act or omission of Tenant, or its agents, or employees will constitute a Tenant delay; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease New Expansion Commencement Date shall occur as set forth in Article 2 of the Lease this Amendment and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises (i.e., the New Expansion Premises) or in the occurrence of any of the other 668214.02/WLA 888888-00374/11-2-10/aab EXHIBIT B -0- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.] conditions precedent to the Lease New Expansion Commencement Date, as set forth in Article 2 of the Leasethis Amendment, as a direct, indirect, partial, or total result of:of (each, a “Tenant Delay”):
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, as amended;
5.2.3 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan and Pricing Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Tenant Improvements;
5.2.4 Changes in any of the Approved Space Plan and Pricing Plan, the Approved Working Drawings to not be a logical extension orDrawings, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant ImprovementsImprovements because the same do not comply with applicable laws;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of January 1, 2011 of the Substantial Completion of the Premises (i.e., the New Expansion Premises), as set forth in the Leasethis Amendment, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Space Plan and Pricing Plan, or the Approved Working Drawings; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease Lease, as amended, or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises (i.e. the New Expansion Premises), the date of the Substantial Completion of the Tenant Improvements Premises (i.e., the. New Expansion Premises) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises (i.e., the New Expansion Premises) would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 3.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 3.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, which changes, in fact, delay Substantial Completion;
5.2.3 3.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 3.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building, provided that Tenant is advised by Landlord of the unavailability of such materials, components, finishes or improvements;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 3.2.5 Changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings, provided that Landlord notifies Tenant Improvementsduring the approval process of the working drawings of such required changes; or
5.2.8 3.2.6 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred. Landlord shall use commercially reasonable efforts to inform Tenant of any Tenant Delay as soon as reasonably practicable following (i) the commencement of such Tenant Delay and (ii) Landlord actually becoming aware of such Tenant Delay.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the this Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the this Lease, as a directresult of (each, indirect, partial, or total result of:a “Tenant Delay”):
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the this Lease;
5.2.3 Tenant’s request for changes in to the Tenant Improvements, Improvements and/or the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementsfailure to timely pay to Landlord the Additional Monthly Base Rent;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the this Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay standard improvement package items for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsBuilding; or
5.2.8 5.2.6 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the this Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Lease (Inhibrx, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence Expansion Space as a result of any of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 (i) Tenant’s failure to timely approve approve, within the applicable time period specified in this Tenant Work Letter, the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material (ii) a breach (other than any such breach described in Section 3.2(i) above) by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, as amended by this First Amendment;
5.2.3 (iii) Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause any of the Approved Working Drawings provided, however, that Landlord has notified Tenant that such request will cause a delay in the construction of the Tenant Improvements (which notice shall include Landlord’s good faith, non-binding estimate of the anticipated length of such resulting delays) and Tenant nevertheless elects to not be a logical extension or, or consistent with, the Approved Space Planproceed with such changes;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 (iv) Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the PremisesExpansion Space, as set forth in this First Amendment; provided, however, if Landlord fails to notify Tenant of such unavailability within three (3) business days after Landlord has actual knowledge thereof, Tenant’s requirement for such Landlord-known unavailable items shall not constitute a Tenant Delay pursuant to this Section 3.2(iv) until after the Lease, or which are different from, or not included in, date Landlord notifies Tenant of such unavailability (such notice shall include Landlord’s Building standardsgood faith, non-binding estimate of the anticipated length of such resulting delays);
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes (v) changes to the base, shell and core work work, structural components or structural components or systems of the Building required by the Approved Working Drawings; provided, however, if Landlord has actual knowledge of any such required changes which would constitute a Tenant ImprovementsDelay pursuant to this Section 3.2(v), but fails to notify Tenant thereof within three (3) business days after Landlord first obtains such actual knowledge, such Landlord-known required changes shall not constitute a Tenant Delay pursuant to this Section 3.2(v) until after the date Landlord notifies Tenant thereof (such notice shall include Landlord’s good faith, non-binding estimate of the anticipated length of such resulting delays); or
5.2.8 Any (vi) any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Expansion Space or Tenant’s specialized tenant improvement(s) (as determined by Landlord) provided, however, if Landlord has actual knowledge of any such required changes which would constitute a Tenant Delay pursuant to this Section 3.2(vi), but fails to notify Tenant thereof within three (3) business days after Landlord first obtains such actual knowledge, such Landlord-known required changes shall not constitute a Tenant Delay pursuant to this Section 3.2(vi) until after the date Landlord notifies Tenant thereof (such notice shall include Landlord’s good faith, non-binding estimate of the anticipated length of such resulting delays); or
(vii) any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement First Amendment and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsCompletion, the Substantial Completion Expansion Space Commencement Date (as set forth in Section 6 of the Tenant Improvements this First Amendment) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Expansion Space Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing or anything to the contrary contained in this Tenant Work Letter: (A) no Tenant Delay shall be deemed to have occurred with respect to any of the actions, inactions or circumstances set forth in Sections 3.2 (ii) and (vii) above unless and until Landlord has delivered to Tenant written notice (the “Delay Notice”) specifying in reasonable detail the actions, inactions and/or circumstances which Landlord claims constitute the Tenant Delay pursuant to Sections 3.2 (ii) and (vii) above; and (B) if such action, inaction or circumstance is not cured by Tenant within two (2) business days (the “Xxxxx Xxxxx Period”) after Tenant’s receipt of such Delay Notice, then a Tenant Delay pursuant to Sections 3.2(ii) and/or (vii) above, as the case may be, as set forth in such Delay Notice, shall be deemed to have occurred commencing as of the expiration of the Xxxxx Xxxxx Period; provided that Tenant shall only be permitted an aggregate of five (5) days of Xxxxx Xxxxx Period and, thereafter, a Tenant Delay pursuant to Sections 3.2(ii) and/or (vii) above, as the case may be, shall commence upon the delivery of the Delay Notice to Tenant.
Appears in 1 contract
Samples: Lease (American River Bankshares)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2Due to Tenant Delays, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the applicable Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of (each of the following, a "Tenant Delay", and collectively, "Tenant Delays"):
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other Applicable Laws or because the same affect Landlord's ability to obtain a temporary certificate of occupancy (or legal equivalent) for the Premises;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or provided that Landlord shall notify Tenant within ten (10) business days after Landlord receives Tenant’s request for 's requested changes which cause in the Approved Working Drawings to not be a logical extension or, or consistent with, if Landlord anticipates that such changes will delay Substantial Completion of the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesTenant Improvements, as set forth in the Lease, or which are different from, or not included in, in Landlord’s 's Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Base Building required by the Approved Working Drawings;
5.2.8 Tenant's use of specialized or unusual improvements and/or delays in obtaining Permits due thereto;
5.2.9 Any failure by Tenant Improvementsto timely pay to Landlord any portion of the Over‑Allowance Amount; or
5.2.8 5.2.10 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion Lease Commencement Date (or with respect to floor 3 only, the obligation to commence paying Base Rent and Tenant's Share of the Tenant Improvements Direct Expenses) shall be deemed to be 788288.01/WLA 375755-00007/8-9-18//ejw EXHIBIT B -4- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc. the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delays had occurred. If Landlord contends that a Tenant Delay or delaysForce Majeure has occurred, Landlord shall notify Tenant in writing of the event which constitutes such Tenant Delay or Force Majeure, as set forth aboveapplicable (the "Tenant Delay Notice"). If such actions, had occurredinaction or circumstance described in the Tenant Delay Notice are not cured by Tenant within one (1) business day of Tenant’s receipt of the Tenant Delay Notice and if such action, inaction or circumstance otherwise qualify as a Tenant Delay or Force Majeure, then a Tenant Delay or Force Majeure, as applicable, shall be deemed to have occurred commencing as of the date of Tenant’s receipt of the Tenant Delay Notice and ending as of the date such delay ends.
Appears in 1 contract
Samples: Office Lease (Roku, Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25.1, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion substantial completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of (each, a “Tenant Delay”):
5.2.1 5.1.1 Tenant’s failure to comply with the time deadlines set forth herein;
5.1.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.1.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.1.4 Tenant’s request for changes in the Tenant Improvements, Space Plans or the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.1.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion substantial completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;the Standard Improvement Package; or
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 5.1.6 Changes to the base, shell and core work of the Base Building required by the Tenant Improvements; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; Construction Drawings. then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Lease Agreement (Model N Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Construction Drawings that are deemed to be Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, Delays pursuant to Sections 2.2 or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan2.3;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings;
4.2.6 any changes in the Construction Drawings and/or the Tenant ImprovementsImprovements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsCompletion, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Lease Agreement (Veritone, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.26.2, the Lease Commencement Date shall occur as set forth in Article 2 upon Substantial Completion of the Lease first Sub-Phase of Phase A and Section 5.1, abovea Delivery Date shall occur upon Substantial Completion of each subsequent Sub-Phase of the Premises. If there shall be a delay or there are any actual delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Sub-Phase as a direct, indirect, partial, or total result of:of the following (each a “Tenant Delay”):
5.2.1 6.2.1. Any request or other matter expressly identified as a “Tenant Delay” in this Work Letter or elsewhere in the Lease;
6.2.2. Tenant’s failure to comply with specified deadlines in the Time Deadlines or Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 6.2.3. A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 Tenant’s request for 6.2.4. Any delays due to suspension of work in order to review pricing, schedule and other impacts of Tenant- requested changes, whether or not such changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, are approved or Tenant’s request for changes which cause the Approved Working Drawings to not be implanted as a logical extension or, or consistent with, the Approved Space Planfinal change order;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 6.2.5. Tenant’s requirement for materials, components, finishes or improvements which that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of any Sub-Phase of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any 6.2.6. Tenant’s failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work approve or Xxxxxx’s rejection of the Building required by the Tenant Improvementsanything otherwise consistent with Tenant’s Master Program Requirements; or
5.2.8 6.2.7. Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of any portion of the Tenant ImprovementsPremises, the date of the Substantial Completion of such Sub-Phase of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of such Sub-Phase of the Tenant Improvements Premises would have occurred if no such Tenant delay or delaysDelay, as set forth above, had occurred; provided, however, with respect to any Tenant Delay hereunder, Landlord shall be required to provide email notice to Tenant’s Representative of any such item Xxxxxxxx believes may cause an actual delay in the delivery of any Sub-Phase.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion substantial completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of (each, a “Tenant Delay”):
5.2.1 Tenant’s failure to comply with the Time Deadlines (subject to force majeure delays);
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approvalapproval (provided Tenant receives all reasonable information to make such determination), including, without limitation, the parties failure to approve the Final Working Drawings and Final Pricing Plan by March 15, 2011 as set forth in Section 3.3 above;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements(which actually delays substantial completion);
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsthe Standard Improvement Package, provided that Landlord has informed Tenant in writing of such lead time items prior to approval of the Approved Working Drawings;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees of which Tenant receives prompt notice of the occurrence thereof from Landlord; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion substantial completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred; provided that any delays identified above are not due to the acts, delays or omissions of Landlord.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.23.1, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.13, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of the following (collectively, “Tenant Delays”):
5.2.1 3.1.1 Tenant’s failure to timely comply with the Time Deadlines;
3.1.2 Tenant’s failure to approve any matter requiring Tenant’s approvalapproval within the time periods set forth herein;
5.2.2 3.1.3 A material breach by Tenant of the terms of this Work Letter Agreement Addendum or the Lease;
5.2.3 3.1.4 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Construction Documents;
3.1.5 Tenant’s request for changes which cause interference with construction work during the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space PlanEarly Occupancy Period;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 3.1.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure and Tenant elects to use the same after being informed by Landlord that the selection may result in a Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsDelay; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; thenThen, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement Addendum and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay Delay or delaysTenant Delays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or inaction that Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within three (3) business days after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice is received and continuing for the number of days completion of the Initial Improvements was in fact delayed as a direct result of such action or inaction.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25(b), the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1Lease. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 i. Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 ii. A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 iii. Tenant’s request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 iv. Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Tenant Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 v. Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 vi. Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Planin accordance with Section 4.3 above;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the base, shell and core work of the Base Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Gadzoox Networks Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, except to the extent such changes are necessitated by mistakes or Tenantomissions of Landlord or Landlord’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Planrepresentative;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in In the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings;
4.2.6 any changes in the Construction Drawings and/or the Tenant ImprovementsImprovements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.. SECTION 5
Appears in 1 contract
Samples: Lease Agreement
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, contractors, representatives, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Reaffirmation, Consent to Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.)
Delay of the Substantial Completion of the Premises. Except except as --------------------------------------------------- provided in this Section 5.2, the Lease Rent Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant ImprovementsIntentionally deleted;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the Lease, Premises or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Project ("Long Lead Time Items"). However, Landlord hereby acknowledges that the Plans, as submitted as of the date of this Lease, do not contain a requirement for any Long Lead Time Items;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto. However, Landlord hereby acknowledges that the Plans, as submitted as of the date of this Lease, do not contemplate any required changes to the base, shell and core of the Project; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, then notwithstanding anything to the contrary set forth in the Lease or on this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.. SECTION 6 --------- MISCELLANEOUS -------------
Appears in 1 contract
Samples: Standard Office Lease (Trinagy Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 Tenant’s 4.2.1 Tenants failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Work Letter Agreement or the LeaseLease (including, without anticipatory breach by Tenant described in Section 5.6 below);
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts 4.2.6 any changed in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or omissions Tenant’s specialized tenant improvement(s) (where Tenant is required to act) of Tenant, or its agents, or employees; as determined by Landlord). then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing, with respect to other than obligations of Tenant hereunder for which a specific time period for performance is specified (for which no notice or cure period shall be required), no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided a factually correct notice to Tenant specifying the action or inaction by Tenant, its agents, employees, contractors, subcontractors, or licensees, which Landlord contends constitutes a Tenant Delay. In such event, if such action or inaction is not cured within one (1) business day after receipt of such notice, then a Tenant Delay shall be deemed to have occurred commencing as of the date such notice is received by Tenant.
Appears in 1 contract
Samples: Office Lease (InterPrivate III Financial Partners Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the LeaseLeast;
5.2.3 Tenant’s request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given give the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth for the in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building;
5.2.6 Any 4.2.5 Tenant’s failure by Tenant to timely pay for in cash in advance any costs for Nonportion of the Over-Conforming Tenant ImprovementsAllowance Amount;
5.2.7 Changes 4.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to the base, shell and core work Tenant’s use of the Building required Premises or Tenant’s specialized tenant improvement(s) (as determined by the Tenant ImprovementsLandlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsCompletion, the Substantial Completion of Commencement Date (as set forth in the Tenant Improvements Basic Lease Information) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Lease Agreement (Gsi Group Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Expansion Commencement Date shall occur as set forth in Article 2 of the Lease this Amendment and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Expansion Commencement Date, as set forth in Article 2 of the Leasethis Amendment, as a direct, indirect, partial, or total result of:of (each, a “Tenant Delay”): 659835.03/WLA 888888-00374/5-24-10/jdk/jdk EXHIBIT B -2- LAKE XXXXXXX PLAZA [BrightSource Energy, Inc.]
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, as amended;
5.2.3 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan and Pricing Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Tenant Improvements;
5.2.4 Changes in any of the Approved Space Plan and Pricing Plan, the Approved Working Drawings to not be a logical extension orDrawings, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant ImprovementsImprovements because the same do not comply with applicable laws;
5.2.5 Tenant’s requirement for materials, components, finishes Finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, this Amendment or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Space Plan and Pricing Plan, or the Approved Working Drawings; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease Lease, as amended, or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, "Tenant Delays"):
5.2.1 3.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval;
5.2.2 3.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 3.2.3 Tenant’s 's request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 3.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 3.2.5 Changes to the base, shell and core work work, structural components or structural components or systems of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 3.2.6 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsCompletion, the Substantial Completion Date (as set forth in SECTION 7.2 of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay pursuant to Sections 3.2.2 or 3.2.6 above shall be deemed to have occurred unless and until Landlord has provided notice to Tenant (the "Delay Notice"), specifying the action or inaction pursuant to said Section(s) by Tenant which Landlord contends constitutes the Tenant Delay. If such action or inaction is not cured by Tenant within one (1) business day of receipt of such Delay Notice (the "Grace Period"), then a Tenant Delay, as set forth in such Delay Notice, shall be deemed to have occurred commencing as of the expiration of the Grace Period.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, any of the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay standard tenant improvement items for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsBuilding; or
5.2.8 Any 4.2.5 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees to the extent the same result in an actual delay of Substantial Completion of the Premises; thenThen (provided that Landlord has delivered written notice to Tenant stating the nature of such delay and Tenant fails to cure such delay within one (1) business day thereafter), notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Commencement Date (as set forth in Section 1.7 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approvalapproval or to timely pay any amount required to be paid by Tenant pursuant to this Work Letter;
5.2.2 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 Tenant’s request for changes Changes;
5.2.4 Changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause any of the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesAnticipated Commencement Date, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Cotherix Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the LeaseLease beyond applicable notice and cure periods;
5.2.3 Tenant’s request for changes in the Tenant ImprovementsPlans, Construction Documents or Approved Construction Documents which add to the Approved Space Plan, or, once completed, the Approved Working Drawings, or TenantContractor’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Planconstruction timeframe;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by standard improvement package items for the Project, after Landlord informs Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant Improvementssuch unavailability; or
5.2.8 5.2.5 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, contractors, representatives, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 3 of the Lease and Section 5.14.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 3 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 4.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s 's request for changes in the Tenant Improvements, Approved Space Plan and Finish Standards;
4.2.4 Changes in any of the Approved Space Plan, or, once completed, Plan and Finish Standards because the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to same do not be a logical extension or, or consistent with, the Approved Space Plancomply with applicable laws;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 4.2.6 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Space Plan and Finish Standards; or
5.2.8 4.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; , then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section SECTION 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section SECTION 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred, provided, however, that notwithstanding the foregoing, no Tenant delay shall be deemed to have occurred unless and until Landlord has provided prior written notice thereof to Tenant (the "Delay Notice"), specifying the action or inaction by Tenant which Landlord contends constitutes the Tenant delay and, if such action or inaction is not cured by Tenant within the limit of the grace period set forth herein below (the "Grace Period"), then a Tenant Delay as set forth in such Delay Notice, shall be deemed to have occurred commencing as of the date the Delay Notice is received by Tenant and continuing for the number of days the construction of Tenant Improvements is in fact delayed as a result of such action or inaction.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence Premises as a result of any of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 4.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s 's request for changes in any of the Tenant Improvements, Construction Drawings in the Approved Space Plan, or, once completed, amount of the Approved Working Drawings, or Tenant’s request for changes which cause delay actually incurred by Landlord on account of such change but only if the Approved Working Drawings to not be a logical extension or, or consistent with, same actually delays Substantial Completion of the Approved Space PlanPremises;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s 's standard tenant improvement items for the Building standards;
5.2.6 Any failure in the amount of delay actually incurred by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to Landlord on account of such change but only if the base, shell and core work same actually delays Substantial Completion of the Building required by the Tenant ImprovementsPremises; or
5.2.8 Any 4.2.5 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees that continue more than one (1) day after written notice thereof by Landlord; 879352.05/SD374622-00001/3-28-19/MLT/bp EXHIBIT B-4- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred. Landlord shall deliver to Tenant at the time Landlord approves a request by Tenant pursuant to Sections 4.2.3 or 4.2.4 above, a reasonable, good faith estimate of any delay in Substantial Completion that will result from the change after consultation with the Contractor. In connection therewith, Landlord shall endeavor to obtain a change order from the Contractor with a specified amount of such delay and, if it is able to obtain such specified amount, Landlord shall notify Tenant thereof, at the time it approves the request and the amount of Tenant Delay shall not exceed such amount.
Appears in 1 contract
Samples: Lease (Fluidigm Corp)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"TENANT DELAYS"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Tenant Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Standard Office Lease (On Village Communications Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.14.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 4.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause ;
4.2.4 Changes in any of the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plancomply with applicable laws;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 4.2.6 Changes to the base, shell and core work of the Building required by the Tenant Improvements; orApproved Working Drawings;
5.2.8 Any other acts or omissions (where Tenant is required 4.2.7 Tenant's failure to act) of Tenant, or its agents, or employees; then, notwithstanding anything deliver to Landlord the contrary Over-Allowance Amount on the date set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion Section 2 of the Tenant ImprovementsWork Letter;
4.2.8 Tenant's actions in connection with any early entry as provided in Section 5.1, the 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 or delays, as set forth above, had occurred.below; and
Appears in 1 contract
Samples: Office Lease (Zeltiq Aesthetics Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Rent Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, 5.1 above. If there Each of the following shall be constitute a “Tenant Delay” to the extent such matter actually causes a delay or there are delays in the Substantial Completion of beyond June 9, 2022 (the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement “Estimated Delivery Date”), as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result ofand cannot reasonably be avoided without additional cost:
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of furnish information in accordance with this Work Letter Agreement or the Lease;to respond to any request by Landlord for any approval or information within any time period prescribed, or if no time period is prescribed, then within two (2) business days of such request; or
5.2.3 5.2.2 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in installations that have long lead times after having first been informed by Landlord that such materials, finishes or installations will cause a commercially reasonable time given the anticipated date Delay; or
5.2.3 A Change Order; or
5.2.4 The performance or nonperformance by a person or entity employed by on or behalf of Substantial Completion of the Premises, as set forth Tenant in the Lease, completion of any work in the Premises (all such work and such persons or which are different from, or not included in, entities being subject to prior approval of Landlord); or
5.2.5 Any written request by Tenant that Landlord delay the completion of any component of Landlord’s Building standards;Work; or
5.2.6 Any Tenant’s failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsamounts as and when due under this Work Letter;
5.2.7 Changes to the base, shell and core work Any delay resulting from Tenant’s having taken possession of the Building required by the Tenant ImprovementsPremises for any reason prior to substantial completion of Landlord’s Work; or
5.2.8 Any other acts or omissions (where Tenant is required delay appropriately chargeable to act) of Tenant, or its agents, employees or employeesindependent contractors and for which Landlord gives to Tenant written notice of such delay and two (2) business days’ opportunity for Tenant to cure or resolve such delay (but any such other delay will be limited to the extent of any delay following such the two (2) business days without any cure or resolution of such delay); then, notwithstanding anything to for purposes of determining the contrary set forth in Rent Commencement Date, the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of that the Tenant Improvements would have occurred if been substantially completed absent any such Tenant Delay. Any increased costs of the Tenant Improvements resulting from Tenant Delay shall be shall be paid by Tenant. Notwithstanding anything to the contary contained in this Work Letter, no delay shall constitute a Tenant Delay unless Landlord has given to Tenant reasonably detailed written notice of such delay or delays, and Tenant fails to correct the cause thereof within one (1) business day after reciept thereof (but Landlord shall not be required to give more than one (1) such written notice as set forth above, had occurredto delays under Sections 5.2.7 and 5.2.8).
Appears in 1 contract
Samples: Lease (Aethlon Medical Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for specialty materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesImprovements, as set forth in the Lease, or which are different from, or not included in, in Landlord’s 's Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Base Building required by the Approved Working Drawings;
5.2.8 Tenant's use of specialized or unusual improvements and/or delays in obtaining Permits due thereto;
5.2.9 Any failure by Tenant Improvementsto timely pay to Landlord any portion of the Over‑Allowance Amount; or
5.2.8 5.2.10 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.. ./ -/// -6- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.]
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay standard improvement package items for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsProject; or
5.2.8 4.2.5 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, "TENANT DELAYS"):
5.2.1 3.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval;
5.2.2 3.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 3.2.3 Tenant’s 's request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 3.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 3.2.5 Changes to the base, shell and core work work, structural components or structural components or systems of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 3.2.6 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Lease Commencement Date (as set forth in Section 7.3 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (PDF Solutions Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.22.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1by June 1, above1998. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 the Base Lease Information of the Lease, as a direct, indirect, partial, or total result of:of the following (collectively, "Tenant Delays")
5.2.1 2.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 2.2.2 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;.
5.2.3 2.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause ;
2.2.4 Changes in any of the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plancomply with applicable laws;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 2.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesCommencement Date, as set forth in the Lease, or which are different from, or not included in, in Landlord’s Building standards;'s standard improvement package items for the Building.
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 2.2.6 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 2.2.7 Any other acts or omissions (where of Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred, subject to receiving a Temporary Certificate of Occupancy.
Appears in 1 contract
Samples: Master Lessor's Consent to Sublease (Spectrian Corp /Ca/)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence Premises as a result of any of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 4.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;'s approval within the timeframes required in this Work Letter; 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp EXHIBIT B -2- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.]
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s 's request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard tenant improvement items for the Building, provided that Landlord notified Tenant of such delay at the time Tenant made such request;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings and not reasonably anticipated to result from the Final Space Plan;
4.2.6 any changes in the Construction Drawings and/or the Tenant ImprovementsImprovements required by applicable laws if such changes are directly attributable to Tenant's specific use of the Premises or Tenant's specialized tenant improvement(s) (as determined by Landlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees not cured within 24 hours’ written or oral notice from Landlord; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Lease (Kura Oncology, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a an actual delay or there are actual delays (each a "TENANT DELAY") in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or ; XXXXXX REALTY EXHIBIT B [999 North Xxxxxxxxx] -4- [Encore Software]
5.2.6 Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesTenant Improvements, as set forth in the Lease, or which are different from, or not included in, in Landlord’s 's Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Base Building required by the Approved Working Drawings;
5.2.8 Tenant's use of specialized or unusual improvements and/or delays in obtaining Permits due thereto;
5.2.9 Any failure by Tenant Improvementsto timely pay to Landlord any portion of the Over-Allowance Amount; or
5.2.8 5.2.10 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; (collectively, "TENANT DELAYS"); then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred. Notwithstanding the foregoing, until a cumulative total of five (5) days of Tenant Delay have accrued or Tenant has received five (5) "Cure Notices," as defined below, and except as to Tenant Delays under Sections 5.2.4, 5.2.5 and 5.2.9, no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided written notice (the "CURE NOTICE") to Tenant specifying the action or inaction Landlord contends constitutes a Tenant Delay with respect to the foregoing. If such action or inaction is not cured within one (1) day after receipt of such Cure Notice and otherwise constitutes a "Tenant Delay," then a Tenant Delay shall be deemed to have occurred commencing as of the date such Tenant Delay commenced and continuing on a day-for-day basis for the number of days and partial days that the construction of the Tenant Improvements was in fact delayed as a result of such Tenant Delay.
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, "Tenant Delays"):
5.2.1 4.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space PlanChanges;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required requested by the Tenant ImprovementsTenant; or
5.2.8 Any 4.2.6 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; . then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsCompletion, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing to the contrary, no Tenant Delay shall be deemed to have occurred unless (A) Landlord has delivered to Tenant written notice (the "Tenant Delay Notice") specifying in reasonable detail the actions, inactions or circumstances Landlord claims constitute such applicable Tenant Delay, and (B) Tenant fails to cure such action, inaction or circumstance within one business day after Tenant's receipt of the Tenant Delay Notice.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25(b), the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.15(a), above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements applicable portion of the Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 (i) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 (ii) A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 (iii) Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Improvement Plan;
5.2.4 Any Non-Conforming Tenant Improvements(iv) Changes in any of the Approved Improvement Plan because the same do not comply with applicable laws;
5.2.5 (v) Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 (vi) Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Improvement Plan; or
5.2.8 (vii) Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, then notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Acacia Research Corp)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall --------------------------------------------------- be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, "TENANT DELAYS"):
5.2.1 3.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval;
5.2.2 A material 3.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 3.2.3 Tenant’s 's request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for Construction Drawings (other than changes which to cause the Approved Working Drawings to not be a logical extension or, or consistent with, with the Approved Final Space Plan);
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 3.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the PremisesPremises (but only if Landlord notifies Tenant at the time of Tenant's selection of such items or within a reasonable period of time thereafter, of such unavailability), as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 3.2.5 changes to the base, shell and core work work, structural components or structural components or systems of the Building required by the Tenant ImprovementsTenant's Data Center Work;
3.2.6 Tenant's construction of Tenant's Data Center Work; or
5.2.8 Any 3.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing, for purposes of determining whether the Lease Commencement Date should be so accelerated (but not for purposes of determining the First or Second Outside Dates, as provided in Section 3.3 below), no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided notice to Tenant (the "DELAY NOTICE"), specifying the action or inaction by Tenant which Landlord contends constitutes the Tenant Delay. If such action or inaction is not cured by Tenant within one (1) business day of receipt of such Delay Notice (the "GRACE PERIOD"), then a Tenant Delay, as set forth in such Delay Notice, shall be deemed to have occurred commencing as of the expiration of the Grace Period; provided that Tenant shall only be permitted an aggregate of three (3) days of Grace Period and, thereafter, a Tenant Delay shall commence upon the delivery of the Delay Notice to Tenant.
Appears in 1 contract
Samples: Office Lease (Homestore Com Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 (a) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 (b) A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 (c) Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
(d) Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plancomply with applicable laws;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 (e) Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Project;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 (f) Changes to the base, shell and core work of the Building Project required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 (g) Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, contractors, representatives, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Ecotality, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Partial Lease Termination Agreement and First Amendment to Lease (Zentalis Pharmaceuticals, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;; EXHIBIT “C” -2- CENTERPARK PLAZA
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in Section 1.7 of the Summary of the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings, as disclosed by Landlord to Tenant Improvementsprior to Tenant’s approval thereof;
4.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Commencement Date (as set forth in Section 1.7 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Axesstel Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Xxxxxx’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring TenantXxxxxx’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Xxxxxx’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant Improvements; orApproved Working Drawings;
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; or
5.2.9 Tenant’s failure to deliver the Letter of Credit to Landlord on or before the “L-C Delivery Date,” as that term is defined in Section 21.1 of the Lease; (collectively, “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred. With respect to any delays pursuant to Sections 5.2.2, 5.2.3, 5.2.6, 5.2.7 and 5.2.8, Landlord shall provide Tenant with notice of such delay and the same shall not constitute a Tenant Delay unless Tenant fails to cure such delay within one (1) business day after receipt of such delay notice from Landlord.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If To the extent there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension oror the Systems Plans; 692326.07/WLA 123056-00076/7-12-12/ral/sew EXHIBIT B -5- PLAZA CENTER [Blucora, or consistent with, the Approved Space Plan;Inc.]
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or and which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions Tenant Caused Permit Failure, any Tenant Caused Systems Permit Failure and/or any Tenant Caused C of O Failure; (where each, a “Tenant is required to actDelay”) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Blucora, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays (each, a “Tenant Delay”) in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant's or the Architect’s failure to comply with the deadlines set forth in Section 3 above;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s approval's approval within the time periods set forth in this Work Letter;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesTenant Improvements, as set forth in the Lease, or Lease and which are different from, or not included in, Landlord’s 's Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Base Building required by the Approved Construction Drawings;
5.2.8 Tenant's use of specialized or unusual improvements and/or delays in obtaining Permits due thereto if Landlord notifies Tenant Improvementsat the time it approves the Final Construction Drawings that such improvements are considered specialized or unusual.
5.2.9 Any failure by Tenant to timely pay to Landlord any portion of the Over Allowance Amount; or
5.2.8 5.2.10 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements would have occurred been Substantially Completed if no Tenant delay or delaysDelay, as set forth above, had occurred. Landlord shall use reasonable efforts to notify Tenant, orally or in writing, of any circumstances of which Landlord is aware that have caused or may cause a Tenant Delay, so that Tenant may take whatever action is appropriate to minimize or prevent such Tenant Delay; provided, however, that Tenant shall not be responsible for any Tenant Delay unless Landlord informs Tenant of such delay. Landlord shall inform Tenant of any such Tenant Delay within two (2) business days following Landlord’s actual knowledge of such delay.
Appears in 1 contract
Samples: Office Lease (Sentinel Labs, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s request for changes in any of the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Construction Drawings, except to the extent such changes are necessitated by mistakes or Tenantomissions of Landlord or Landlord’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Planrepresentative;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in In the Lease, or which are different from, or not included in, Landlord’s Building standardsstandard tenant improvement items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes 4.2.5 changes to the baseBase, shell Shell and core work Core, structural components or structural components or systems of the Building required by the Approved Working Drawings;
4.2.6 any changes in the Construction Drawings and/or the Tenant ImprovementsImprovements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
5.2.8 Any 4.2.7 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Lease Commencement Date (as set forth in Section 7.2 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25, the Lease Commencement Date and Tenant’s obligation to pay rent for the Premises shall occur as set forth in Article 2 of the Lease and Section 5.1Lease. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent following (collectively, “Tenant Delays”):
5.13.1 Tenant’s failure to the Lease Commencement Date, as comply with any time deadlines set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:herein;
5.2.1 5.13.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.13.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.13.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.13.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.13.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standardsstandard improvement package;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 5.13.7 Changes to the base, shell and core work of the Base Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 5.13.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, contractors, representatives, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of Improvements in the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.. [INSERT TENANT NAME] The undersigned, being the duly elected Corporate Secretary of (“Corporation”), hereby certifies that the following is a true, full and correct copy of the resolutions adopted by the Corporation by unanimous written consent in lieu of a special meeting of its Board of Directors, and that said resolutions have not been amended or revoked as of the date hereof. RESOLVED, that the Corporation is hereby authorized to execute, deliver and fully perform that certain document entitled Standard Office Lease (“Lease”) by the Corporation in favor of , in connection with the lease of space at . RESOLVED FURTHER that the Corporation is hereby authorized and directed to make, execute and deliver any and all consents, certificates, documents, instruments, amendments, confirmations, guarantees, papers or writings as may be required in connection with or in furtherance of the Lease (collectively with the Lease, the “Documents”) or any transactions described therein, and to do any and all other acts necessary or desirable to effectuate the foregoing resolution. RESOLVED FURTHER that the following officers acting together: as and as are authorized to execute and deliver the Documents on behalf of the Corporation, together with any other documents and/or instruments evidencing or ancillary to the Documents, and in such forms and on such terms as such officer(s) shall approve, the execution thereof to be conclusive evidence of such approval and to execute and deliver on behalf of the Corporation all other documents necessary to effectuate said transaction in conformance with these resolutions. Dated: , Corporate Secretary
Appears in 1 contract
Samples: Reaffirmation, Consent to Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:of (collectively “Tenant Delays”):
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Documents after approval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space PlanConstruction Documents;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s the Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant ImprovementsStandards;
5.2.7 Changes to the base, shell and core work of the Base Building required by the Tenant ImprovementsApproved Construction Documents; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; employees then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.14.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as to the extent a direct, indirect, partial, or total result of:
5.2.1 4.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the LeaseLease beyond any applicable notice and cure period;
5.2.3 4.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant Improvements; or
5.2.8 4.2.4 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred. A Tenant delay shall be deemed to have occurred only if Landlord has given Tenant written notice of such delay and Tenant fails to take whatever action is appropriate to minimize or prevent such delay within two (2) business days after Tenant’s receipt of notice of the delay from Landlord.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the LeaseLease (including, without limitation, any failure by Tenant to pay any amount due under this Tenant Work Letter);
5.2.3 Tenant’s 's request for changes in the Space Plan, the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s 's request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, of the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 5.2.5 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 5.2.6 Any Tenant Caused Permit Failure; or
5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees causing actual delays resulting in material interference to the timely occurrence of the Lease Commencement Date; (each, a "Tenant Delay") then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay shall occur unless and until Landlord has provided written notice to Tenant (a "Delay Notice") specifying the action or inaction that Landlord contends constituted a Tenant Delay. If such action or inaction is not cured within two (2) Business Days after Tenant's receipt of the Delay Notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice is received by Tenant and continuing for the number of days Substantial Completion of the Premises is delayed as a result of such action or in action; provided, however, that in no event shall Landlord be obligated to deliver more than one (1) Delay Notice the parties hereby agreeing that a Tenant Delay shall be deemed to have occurred upon the occurrence of the same (without the requirement for Landlord to deliver a Delay Notice and/or to provide the Tenant cure period provided above) for the second (2nd) and every subsequent Tenant Delay, if applicable.
Appears in 1 contract
Samples: Lease (Catasys, Inc.)
Delay of the Substantial Completion of the Premises. The Lease --------------------------------------------------- Commencement Date with respect to the Premises, exclusive of the Must-Take Space, is set forth in Section 7.2 of the Summary of Basic Lease Information of ----------- the Lease. Except as provided in this Section 5.2, the Lease Must-Take Space Rent ----------- Commencement Date for the applicable Must-Take Space shall occur as set forth in Article 2 in
Section 1.1.5.1 of the --------------- Lease and Section 5.1, above. If there shall be a delay or there are delays in ----------- the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Must-Take Space Rent Commencement DateDate for the applicable Must-Take Space, as set forth in Article 2 Section 1.1.5.1 of the Lease, as a --------------- direct, indirect, partial, or total result of:
5.2.1 Tenant’s Landlord's failure to comply with the Time Deadlines;
5.2.2 Landlord's failure to timely approve any matter requiring Tenant’s Landlord's approval;
5.2.2 5.2.3 A material breach by Tenant Landlord of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 5.2.4 Landlord's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant Improvements; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the 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 or delays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvementsthe Standard Improvement Package;
5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of TenantEXHIBIT B-6- HCP, or its agentsINC.[4939 Director's Place][Sorrento Therapeutics, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the 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 or delays, as set forth above, had occurred.Inc.]
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
Delay of the Substantial Completion of the Premises. Except as --------------------------------------------------- provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, aboveLease. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s 's request for changes in the Tenant ImprovementsPlans, the Approved Space Plan, or, once completed, the Working Drawings or Approved Working Drawings;
5.2.4 Changes in any of the Plans, Working Drawings or Tenant’s request for changes which cause the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvementscomply with applicable laws;
5.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Tenant Improvements in the LeasePremises, or which are different from, or not included in, Landlord’s Building standards's standard improvement package items for the Building;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 5.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsImprovements in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred.. SECTION 6 --------- MISCELLANEOUS -------------
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.21.3, the Lease Commencement Date and Tenant's obligation to pay rent for the Premises shall occur as set forth in Article 2 of the Lease and Section 5.1Lease. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or Landlord Work in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:"Tenant Delays"):
5.2.1 1.3.1 Tenant’s 's failure to timely approve or disapprove any matter requiring Tenant’s approval's approval or any other delay by Tenant or any Tenant Party within the express time periods required herein;
5.2.2 1.3.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the LeaseLease not cured within the applicable notice and cure periods;
5.2.3 Tenant’s request for changes 1.3.3 Any delay caused by a Tenant Change;
1.3.4 Any matter expressly described in the Lease and/or this Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be Work Letter as constituting a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsDelay; or
5.2.8 1.3.5 Any other acts or omissions (where of Tenant is required to act) and/or any Tenant Party that interferes with by Tenant and/or any Tenant Party with the construction of Tenantthe Landlord Work, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsLandlord Work in the Premises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred; provided, however, that with respect to any delay under clause 1.3.2 or 1.3.5 no Tenant Delay shall have occurred unless and until Landlord has provided Tenant's Representative (as defined below) with email notice specifying that a Tenant Delay may result from Tenant's continued actions or failure to act, and Tenant does not cease or complete (as the case may be) such actions within one (1) business day after receipt of such email notice. With respect to other delays under clauses 1.3.1, 1.3.3, and/or 1.3.4, Landlord shall provide Tenant's Representative with email notice within ten (10) days following the date Landlord actually becomes aware of the delay; provided, however, there shall be no cure period with respect to such delays and the Tenant Delay shall be deemed to have occurred (and started accruing) on date set forth in Landlord's notice specifying the actual day that the Tenant Delay occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.22.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1by June 1, above1998. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 the Base Lease Information of the Lease, as a direct, indirect, partial, or total result of:of the following (collectively, "Tenant Delays"):
5.2.1 2.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s Xxxxxx's approval;
5.2.2 2.2.2 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 2.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause ;
2.2.4 Changes in any of the Approved Working Drawings to because the same do not be a logical extension or, or consistent with, the Approved Space Plancomply with applicable laws;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 2.2.5 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesCommencement Date, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;'s standard improvement package items for the Building.
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 2.2.6 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings or any changes thereto; or
5.2.8 2.2.7 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the Substantial Completion of the Tenant Improvements Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred, subject to receiving a Temporary Certificate of Occupancy.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.25, the Lease Commencement Date and Tenant’s obligation to pay rent for the Premises shall occur as set forth in Article 2 of the Lease and Section 5.1Lease. However, above. If if there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any Premises as a result of the other conditions precedent to the Lease Commencement Datefollowing (collectively, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:“Tenant Delays”):
5.2.1 Tenant’s failure to comply with the Time Deadlines;
5.2.2 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws;
5.2.5 Tenant’s request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth Improvements in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant ImprovementsPremises;
5.2.7 Changes to the baseBase, shell Shell and core work Core required by any non-typical requirements of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; or
5.2.9 Tenant’s request for changes to the Exterior Improvements. then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of Improvements in the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements thereof shall be deemed to be the date the that Substantial Completion of the Tenant Improvements would have occurred if no Tenant delay Delay or delaysDelays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant (the “Delay Notice”), specifying the action or inaction by Tenant which Landlord contends constitutes the Tenant Delay, and if such action or inaction is not cured by Tenant within one (1) business day of receipt of such Delay Notice (the “Grace Period”), then a Tenant Delay, as set forth in such Delay Notice, shall be deemed to have occurred commencing as of the expiration of the Grace Period.
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Samples: Lease (THQ Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s 's failure to timely comply with the Time Deadlines;
5.2.2 Tenant's failure to approve any matter requiring Tenant's approval within the reasonable time frame identified by Landlord at the time Landlord requests Tenant’s approvalapproval of such matter;
5.2.2 5.2.3 A material breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord based on the standards set forth in Sections 3.2, 3.3 or 3.4 (as applicable) above, or because the same do not comply with Code or other applicable laws; 692500.09/WLA371593-00023/6-13-12/ao/ao EXHIBIT B KEY CENTER[Xxxxxx Realty, L.P.][Concur Technologies, Inc.]
5.2.5 Tenant’s 's request for materially significant changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Planand any Change Order Delay;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 5.2.6 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the PremisesImprovements, as set forth in the Lease, or which are different from, or not included in, in Landlord’s 's Building standards;
5.2.6 5.2.7 Changes required to be made to the Base Building after the approval of the Approved Working Drawings and which are not identified in the Approved Working Drawings;
5.2.8 Tenant's use of specialized or unusual improvements and/or delays in obtaining Permits due directly thereto;
5.2.9 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work portion of the Building required by Over‑Allowance Amount within ten (10) days of the Tenant Improvementsapplicable date set forth in Section 4.3.1, above; or
5.2.8 5.2.10 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; (individually or collectively, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Lease Commencement Date shall be deemed to be the date the Substantial Completion of the Tenant Improvements Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred. If Landlord believes that a Tenant Delay has occurred (other than any Tenant Caused C of O Failure or Change Order Delay, for which no such notice shall be required), Landlord shall notify Tenant in writing (the "Delay Notice") of the action, inaction or circumstance that constitutes such Tenant Delay, and if the applicable action, inaction or circumstance is not cured within three (3) business day of Landlord’s delivery of the Delay Notice to Tenant, then a Tenant Delay shall be deemed to have occurred commencing as of the date of Tenant’s receipt of the Delay Notice and ending as of the date such delay ends.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.24.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.14.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 4.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval;
5.2.2 4.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 4.2.3 Tenant’s 's request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay 's standard improvement package items for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsBuilding; or
5.2.8 4.2.5 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees that continue for more than one (1) day after delivery of notice thereof from Landlord; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of:
5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval;
5.2.2 A material breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease;
5.2.3 Tenant’s request for changes in the Space Plan, the Tenant Improvements, the Approved Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, of the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;standard improvement package items for the Building; EXHIBIT B 000 XXXXXXXX XXXXXXXXX -0- [DestinationRX, Inc.]
5.2.6 Any failure by Tenant to pay for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 5.2.5 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsApproved Working Drawings; or
5.2.8 5.2.6 Any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employees; (each, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Tenant ImprovementsPremises, the date of Substantial Completion of the Tenant Improvements Premises shall be deemed to be the date the Substantial Completion of the Tenant Improvements Premises would have occurred if no Tenant delay or delays, as set forth above, had occurred.
Appears in 1 contract
Samples: Office Lease (Connecture Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in Article 2 of the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of the Lease, Premises as a direct, indirect, partial, or total result of:of any of the following (collectively, “Tenant Delays”):
5.2.1 Tenant’s 4.2.1 Tenants failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval;
5.2.2 A material 4.2.2 a breach by Tenant of the terms of this Work Letter Agreement or the Lease;
5.2.3 Tenant’s 4.2.3 Tenants request for changes in the Tenant Improvements, the Approved Space Plan, or, once completed, any of the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension or, or consistent with, the Approved Space Plan;
5.2.4 Any Non-Conforming Tenant Improvements;
5.2.5 4.2.4 Tenant’s requirement for far materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord’s Building standards;
5.2.6 Any failure by Tenant to pay standard tenant improvement items for in cash in advance any costs for Non-Conforming Tenant Improvements;
5.2.7 Changes to the base, shell and core work of the Building required by the Tenant ImprovementsBuilding; or
5.2.8 Any 4.2.5 any other acts or omissions (where Tenant is required to act) of Tenant, or its agents, or employeesemployees to the extent the same result in an actual delay of Substantial Completion of the Premises; thenThen (provided that Landlord has delivered written notice to Tenant stating the nature of such delay and Tenant fails to cure such delay within one (1) business day thereafter), notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of Substantial Completion, the Substantial Completion Commencement Date (as set forth in Section 1.7 of the Tenant Improvements, the Substantial Completion of the Tenant Improvements Summary) shall be deemed to be the date the Substantial Completion of the Tenant Improvements Commencement Date would have occurred if no Tenant delay or delaysDelays, as set forth above, had occurred.
Appears in 1 contract
