Common use of Delays in Completion Clause in Contracts

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. 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 in the First Half Space on or before the Estimated Commencement DateDate (as defined below), 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 15August 26, 1997 1999 (the "Estimated --------- Commencement DateESTIMATED 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 EXHIBIT D. Notwithstanding the foregoing, if Landlord has not --------- commenced construction No delay in Landlord's completion of the Improvements with respect to caused by any Tenant Delay shall delay the First Half Space on commencement of Monthly Rent or before April 1the commencement of the Term hereunder. In the event of a delay caused by any Tenant Delay, 1997, except as a result of Tenant Delays or causes beyond Landlord shall set the reasonable control of Landlord, then Tenant shall have the right to terminate the Lease "Commencement Date" by delivering written notice to Tenant as the date the Improvements would have been substantially completed without such delay as reasonably determined by Landlord. Landlord (a "Termination Notice") at any time before commencement shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Such right of construction of such Improvements, which termination Landlord to reset the Commencement Date shall not be effective upon permitted if the delay in 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 completion of the Improvements is due to any delay caused by Landlord or by the City of Redwood City provided that Tenant has timely submitted its plans in accordance with the First Half Spaceschedule 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, riot, 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 Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than Tenant Delay or Force Majeure Delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to Force Majeure Delays, then in either such event Tenant shall have the right to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other; provided, however, in the event of cancellation pursuant to clause (ii) above, Landlord shall not be required to return to Tenant the expended portion of the Set Aside Funds as defined in EXHIBIT B. Tenant shall exercise its cancellation right within fifteen (15) days after such sixty (60) or ninety (90) day period as applicable.

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 in the First Half Space on or before the Estimated Commencement DateDate (as defined below), 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 15August 26, 1997 1999 (the "Estimated --------- Commencement DateCOMMENCEMENT 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 EXHIBIT D. Notwithstanding the foregoing, if Landlord has not --------- commenced construction No delay in Landlord's completion of the Improvements with respect to caused by any Tenant Delay shall delay the First Half Space on commencement of Monthly Rent or before April 1the commencement of the Term hereunder. In the event of a delay caused by any Tenant Delay, 1997, except as a result of Tenant Delays or causes beyond Landlord shall set the reasonable control of Landlord, then Tenant shall have the right to terminate the Lease "Commencement Date" by delivering written notice to Tenant as the date the Improvements would have been substantially completed without such delay as reasonably determined by Landlord. Landlord (a "Termination Notice") at any time before commencement shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Such right of construction of such Improvements, which termination Landlord to reset the Commencement Date shall not be effective upon determined if the delay in 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 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 First Half Space. 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 Premises substantially completed to Xxxxx on or before the date that is sixty (60) day's after the Estimated Commencement Date for any reason other than Tenant Delay or Force Majeure Delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to Force Majeure Delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other; provided, however, in the event of cancellation pursuant to clause (ii) above, Landlord shall not be required to return to Tenant the expended portion of the Set Aside Funds as defined in EXHIBIT B.

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. 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 DateDate (as defined below), 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 15August 1, 1997 (the "Estimated --------- Commencement Date"“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 EXHIBIT D. Notwithstanding the foregoing, if Landlord has not --------- commenced construction No delay in Landlord’s completion of the Improvements with respect to caused by any Tenant Delay shall delay the First Half Space on commencement of Monthly Rent or before April 1the commencement of the Term hereunder. In the event of such a delay, 1997, except as a result of Tenant Delays or causes beyond Landlord shall set the reasonable control of Landlord, then Tenant shall have the right to terminate the Lease “Commencement Date” 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 as the date the Improvements in would have been substantially completed without the First Half Spacedelay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. 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, riot, 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, 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 Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other.

Delays in Completion. a. Tenant agrees that if shall be responsible for any delay in Substantial Completion past the scheduled Commencement Date resulting from any of the following causes: 1. Tenant’s failure to approve the Plans and Specifications (or any necessary modifications or additions thereto) within the time periods specified in this Work Letter; or 2. Tenant’s failure to pay any portion of the agreed costs of Tenant’s Work in excess of the Tenant Incentive Payment when due; or 3. Tenant’s specification of special materials or finishes, or special installations other than as may be specified in the Plans and Specifications, which special items cannot be delivered or completed within Landlord’s construction schedule (subject to Landlord’s obligation to give Tenant notice of same as hereinafter provided); or 4. any change in the Plans and Specifications caused by Tenant once finally approved and accepted by Landlord, for even though Landlord may approve such change; or 5. the performance of or failure to perform any -------------------- reason whatsoeverspecial work or installation by any person or firm employed by Tenant to do any work on the Premises; or 6. any work stoppage or delay due to Tenant’s failure to use union contractors or labor as required by Landlord; or 7. any other delay in Substantial Completion directly attributable to the negligent or willful acts or omissions of Tenant, is unable its employees, agents or contractor(s). b. In the event that any delay caused by Tenant results in or contributes to substantially complete a delay in Substantial Completion past the Improvements scheduled Commencement Date as provided in the First Half Space on or before Lease (as determined by the Estimated architect for Tenant’s Work), then the Commencement DateDate shall be deemed to have occurred with respect to the payment of Rent only, and Tenant’s rental obligations shall commence as of the date Landlord would have otherwise achieved Substantial Completion but for Tenant’s delay. c. In conjunction with Landlord’s review of the Plans and Specifications, Landlord shall not be liable to advise Tenant for of any loss special material, finish or damage therefrom, nor shall this Lease be void or voidablefixture requested by Tenant that will result in a delay in Landlord’s construction schedule beyond the scheduled Commencement Date. In such event, the Commencement Date, the termination date and all other dates of this Lease shall not be extended and Tenant shall either modify its specifications so as not to delay construction or be --- ----- obligated deemed 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 accepted responsibility for 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 materialsresulting delay.

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. 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 DateDate (as defined below), 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 15August 1, 1997 (the "Estimated --------- Commencement DateESTIMATED 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 EXHIBIT D. Notwithstanding the foregoing, if Landlord has not --------- commenced construction No delay in Landlord's completion of the Improvements with respect to caused by any Tenant Delay shall delay the First Half Space on commencement of Monthly Rent or before April 1the commencement of the Term hereunder. In the event of such a delay, 1997, except as a result of Tenant Delays or causes beyond Landlord shall set the reasonable control of Landlord, then Tenant shall have the right to terminate the Lease "Commencement Date" 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 as the date the Improvements in would have been substantially completed without the First Half Spacedelay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. 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, riot, 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, 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 Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other.