Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B-3. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements on or before the Estimated Commencement Date (as defined below), Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord and Tenant estimate that the Commencement Date shall be August 26, 1999 (the "Estimated COMMENCEMENT DATE"). Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT D. No delay in Landlord's completion of the Improvements caused by any Tenant Delay shall delay the commencement of Monthly Rent or the commencement of the Term hereunder. In the event of a delay caused by any Tenant Delay, Landlord shall set the "Commencement Date" by written notice to Tenant as the date the Improvements would have been substantially completed without such delay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Such right of Landlord to reset the Commencement Date shall not be determined if the delay in Landlord's completion of the Improvements is due to any delay caused by Landlord or by the City of Redwood City provided a Tenant has timely submitted its plans in accordance with the schedule attached to EXHIBIT B-3 Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riots, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is required (collectively, "Force Majuere Delays") then the Commencement Date shall be extended by the period of the delay, and the period for Landlord's performance of the Improvements shall be extended for a period equivalent, to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premise...
Delays in Completion. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements on or before Landlord's initial estimate of the Commencement Date, Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in Exhibit D. Notwithstanding any provision of this Lease to the contrary, if at any time after the date of this Lease a Tenant Delay occurs, then the Commencement Date shall be moved earlier two (2) days for each one (1) day of Tenant Delay that delays the substantial completion of the Improvements. In addition, Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials.
Delays in Completion. The parties hereto acknowledge that the date on which Tenant's obligation to pay the Monthly Installment of rent would otherwise commence may be delayed because of (i) Tenant Plan Delays, (ii) the entry by Tenant into the Premises which interferes with or delays the completion of Landlord's work, (iii) change orders requested by Tenant and approved by Landlord, and/or (iv) any other act or omission of Tenant. It is the intent of the parties hereto that the Tenant's obligation to pay the Monthly Installment of rent and Additional Rent not be delayed by any of such causes or by any other act of Tenant, and in the event it is so delayed, then Tenant's obligation to pay the Monthly Installment of rent and Additional Rent shall commence as of the date it would otherwise have commenced absent said delay(s) caused by Tenant.
Delays in Completion. The Contractor shall organise the Works in such a manner that no delays occur. Delay due to faulty organisation or lack or shortage of materials or labour or co-operation with other parties or to any other cause within the control of the Contractor will not be countenanced and full power is reserved by the Engineer to order the Contractor to expedite the work should the work, in the opinion of the Engineer, not progress in a satisfactory way.
Delays in Completion. If the Supplier fails to complete the Contract by the Completion Date or such extended date as may be granted by ABB, ABB shall be entitled to deduct as liquidated damages for delay as stated in the Purchase Order, or if not stated, one and a half per cent (1.5%) of the total Contract Price for every week's delay up to a maximum of fifteen (15%) of the total Contract Price. If such failure continues, or is likely to continue, for more than (10) ten weeks from the Completion Date and ABB having notified the Supplier and notified a final delivery date, the Supplier is still unable to comply therewith then, ABB shall have the right to terminate the Contract by notice in writing, and to claim any extra costs directly or indirectly incurred in acquiring suitable replacement equipment for the Equipment, or having the Services carried out.
Delays in Completion. (a) FORCE MAJEURE DELAYS. If Landlord, as the result of any (i) strikes, lockouts or labor disputes, (ii) inability to obtain labor or materials or reasonable substitutes therefor, (iii) inclement weather which delays or precludes construction, acts of God or the public enemy, condemnation, civil commotion, fire or other casualty, (iv) shortage of fuel, (v) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction or such governmental authorities, or (vi) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of Landlord, cannot reasonably perform any obligation on its part to be performed hereunder within the time periods herein specified (collectively, the "Force Majeure Delays"), then such failure shall be excused and not be a breach of Landlord's obligations under this Lease, and the deadline for performance shall be extended for a period equal to the period of delay, and Landlord will notify Tenant of the nature and probable duration of such delay. Landlord shall make reasonable efforts to minimize the impact of such delay.
Delays in Completion. If Landlord fails to deliver possession of the Premises with the Improvements Substantially Complete on or before the Required Completion Date (defined below), Landlord will grant to Tenant a credit (the “Rent Credit”) equal to $1,135.34 multiplied by the number days in the period beginning on the day immediately following the Required Completion Date and ending on the day on which Landlord delivers to Tenant possession of the Premises with the Improvements Substantially Completed, inclusive. For purposes hereof, the “Required Completion Date” means the 30th day after the date set forth in Section 1.C above (plus one additional day for each day that Substantial Completion of the Improvements is delayed
Delays in Completion. The obligation of Tenant to pay Base Rent and Tenant's Share of Operating Expense increases (and other additional rent) shall commence on the Commencement Date of the Lease (as provided in the Lease) unless otherwise provided in this Section 3. The parties hereto acknowledge that the date on which Tenant's obligation to pay the Base Rent would otherwise commence may be delayed because of (i) Tenant's failure to prepare and submit information to Landlord so Landlord may prepare plans and specifications for the Improvements and/or Tenant's failure to promptly review and approve the plans or specifications for the Improvements, (ii) the entry by Tenant into the Premises, or portion thereof, which interferes with or delays the completion of Landlord's work, (iii) change orders requested by Tenant and approved by Landlord, and /or (iv) any other act or omission of Tenant. It is the intent of the parties hereto that the Tenant's obligation to pay the Base Rent and Tenant's Share of Operating Expense Increases (and all additional rent) not be delayed by any of such causes or by any other act of Tenant, and in the event it is so delayed, then Tenant's obligation to pay Base Rent and Tenant's Share of Operating Expense Increases (and all additional rent) shall commence as of the date it would otherwise have commenced absent said delay caused by Tenant.
Delays in Completion. 9 C. Xxxxx xx Substantial Completion.................................................................... 10 D.
Delays in Completion. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements to the ground floor of the Building on or before the Commencement Date, Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. In such event, the Commencement Date, the Rent Commencement Date (as defined below), the termination date and all other dates of this Lease shall be extended to conform to the time of Landlord's tender of possession of the ground floor of the Building to Tenant (subject to the provisions of the following sentence), and Tenant shall not be obligated to pay Monthly Rent or any other sums allocable to the Premises and due to Landlord hereunder until possession of the ground floor of the Building is tendered to Tenant. Notwithstanding the foregoing, 9 16 if substantial completion of the Improvements to the ground floor of the Building is delayed beyond May 1, 1997 for any reason other than a Tenant Delay, force majeure such as fire, earthquake or other casualty, or other event beyond the reasonable control of Landlord, then either party shall have the right to terminate this Lease by giving written notice of such election to the other party on or before May 15, 1997.
