Delays in Completion. Tenant agrees that if Landlord, for any -------------------- reason whatsoever, is unable to substantially complete the Improvements in the First Half Space on or before the Estimated 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 termination date and all other dates of this Lease shall not be extended and Tenant shall be --- ----- obligated to pay Monthly Rent and all other sums allocable to the Premises and due to Landlord hereunder, except as expressly set forth in Paragraph 5.A with ------------- respect to a delay of the Commencement Date solely attributable to a Landlord Delay, in which event the Commencement Date and the termination date shall be calculated in the manner set forth in Paragraph 5.A above. Landlord and Tenant ------------- estimate that the Commencement Date shall be March 15, 1997 (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. Notwithstanding the foregoing, if Landlord has not --------- commenced construction of the Improvements with respect to the First Half Space on or before April 1, 1997, except as a result of Tenant Delays or causes beyond the reasonable control of Landlord, then Tenant shall have the right to terminate the Lease by delivering written notice to Landlord (a "Termination Notice") at any time before commencement of construction of such Improvements, which termination shall be effective upon Landlord's receipt of such Termination Notice; provided, however, that Tenant shall have no right to deliver a Termination Notice to Landlord pursuant to this sentence at any time after Landlord has commenced construction of the Improvements in the First Half Space. 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. 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. (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. 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.
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. 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 term "Tenant Delay" shall mean any delay that Landlord may encounter in the performance of Landlord's obligations under the Lease because of any act or omission of any nature by Tenant or its agents or contractors, including any: (i) delay by Tenant in the submission of information or the giving of authorizations or approvals within the time limits set forth in the Lease or the Work Letter; (ii) delay attributable to the failure of Tenant to pay, when due, any amounts required to be paid by Tenant pursuant to the Lease or the Work Letter; and (iii) delay resulting from any change order request initiated or requested by Tenant. Tenant shall pay all actual costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any actual costs and expenses attributable to increases in the cost of labor or materials.
Delays in Completion. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Initial Capital Improvements and the Tenant Improvements on or before May 1, 1996, Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord agrees that, if substantial completion of the Initial Capital Improvements and the Tenant Improvements is delayed beyond May 1, 1996 for any reason other than delays caused by Tenant, Tenant shall have the right to continue to occupy the buildings at 0000 Xxx Xxxx, 000 Xxxxxxxx, 000 Xxxxxxxx and 000 Xxxxxxxx until the Initial Capital Improvements and the Tenant Improvements for the Buildings at 000 Xxxxxxxx and 0000 Xxxxxxx Xxxxxx are substantially completed, as provided in the Lease dated January 16, 1996 between Landlord and Tenant for the premises located at 0000 Xxx Xxxx, 0000 Xxx Xxxx, 401 Broadway, 000 Xxxxxxxx, 000 Xxxxxxxx, and 000 Xxxxxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx. Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT C.
