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.
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Samples: Build to Suit Lease (At Home Corp), Build to Suit Lease (At Home Corp)
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.
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
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.
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)