Common use of Delay of the Substantial Completion of the Premises Clause in Contracts

Delay of the Substantial Completion of the Premises. If there shall be a delay or there are delays in the Substantial Completion of the Premises as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval; 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 4.2.3 Tenant’s request for changes in any of the Construction Drawings; 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the 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; 4.2.5 changes to the Base, Shell and 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 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 4.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of Substantial Completion, the Lease Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.

Appears in 1 contract

Samples: Lease (St Francis Medical Technologies Inc)

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Delay of the Substantial Completion of the Premises. If there shall be a delay or there are delays in the Substantial Completion of the Premises as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approvalapproval by the terms of this Work Letter or the Lease; 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 4.2.3 Tenant’s request for changes in any of the Construction DrawingsDrawings and/or any Change Orders; 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the 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; 4.2.5 changes to the Base, Shell and 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 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 4.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of Substantial Completion, the Lease Commencement Date (as set forth in Section 7.2 of the SummaryBasic Lease Information) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Delay of the Substantial Completion of the Premises. If there shall be a delay or there are delays in the Substantial Completion of the Premises as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval; 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease; 4.2.3 Tenant’s request for changes in any of the Construction Drawings; 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the estimated 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 standard tenant improvement items for the Building; 4.2.5 changes to the Base, Shell and 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 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 4.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of Substantial Completion, the Lease Commencement Date (as set forth in Section 7.2 1.7 of the Summary) shall be deemed to be the date the 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 (Orexigen Therapeutics, Inc.)

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Delay of the Substantial Completion of the Premises. If there shall be a delay or there are delays in the Substantial Completion of the Premises as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval; 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease; 4.2.3 Tenant’s request for changes in any of the Construction DrawingsDrawings (whether or not approved); 4.2.4 Tenant’s requirement for materials, components, finishes or improvements that were not identified in the Final Space Plan and which are not available in a commercially reasonable time given the estimated date of Substantial Completion of the Premises, as set forth in the Leasetime, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building; 4.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of the Building that were not identified in the Final Space Plan and required by the Approved Working Drawings; 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 4.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of Substantial CompletionCompletion Date, the Lease Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.

Appears in 1 contract

Samples: Lease Agreement (Conatus Pharmaceuticals Inc)

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