DELAYS IN CONSTRUCTION Sample Clauses
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete Work thereby as a result of strikes, acts of God, shortages of materials or labor, governmental approvals or requirements, the various causes set forth below, or any other causes beyond Landlord's reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called "Tenant Delays"):
(a) Delays in Planning as described above (except for Landlord Delays), or
(b) Tenant's requests for changes to the Work or Change Orders under Section VII, or otherwise,
(c) Tenant's failure to furnish an amount equal to Landlord's reasonable estimate of Tenant's Cost (if any) within 10 days, as described in Section IX (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord),
(d) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section VI), or other delays not typically encountered in connection with Landlord's standard office improvements,
(e) the performance by Tenant or Tenant's contractors, agents or employees of any work at or about the Premises or Property, or
(f) any act or omission of Tenant or Tenant's contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Agreement or in the Lease, or any failure of Tenant to cooperate with Landlord or otherwise act in good faith in order to cause the Work to be designed and performed in a timely manner.
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails substantially to complete the Work as a result of strikes, acts of God, shortages of materials or labor, delays in obtaining governmental approvals or requirements, the various causes set forth below, or any other causes beyond Landlord’s reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called “Tenant Delays”):
(A) TENANT DELAYS IN PLANNING. Delays in Planning as described above (except for Landlord Delays);
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Tenant Improvement Work thereby as a result of strikes, acts of God, shortages of materials or labor, governmental approvals or requirements, the various causes set forth below, or any other causes beyond Landlord’s reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called “Tenant Delays”):
(a) Tenant’s requests for changes to the Landlord’s Work or Change Orders under Section 7, or otherwise that result in an actual delay in the substantial completion of Landlord’s Work.
(b) Tenant’s failure to furnish an amount equal to its proportionate share of the Tenant’s Share of the Cost of the Work (if any) with respect to any draw request as set forth in Section 3(a) above within five (5) business days after notice from Landlord of such amount, which may be given via e-mail to Tenant’s designated construction representative (which shall give Landlord the absolute right to postpone the Landlord’s Work until such amount is furnished to Landlord).
(c) Any upgrades, special Landlord’s Work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, or other delays not typically encountered in connection with Landlord’s standard office improvements.
(d) The performance by Tenant or Tenant’s contractors, agents or employees of any Tenant’s Work (hereinafter defined) at or about the Premises or Property and such work unreasonably interferes with or otherwise actually delays Landlord’s Work.
(e) Any act or omission of Tenant or Tenant’s contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Work Letter or in the Lease that results in an actual delay in the substantial completion of Landlord’s Work.
DELAYS IN CONSTRUCTION. The discontinuance of the construction of the Improvements for a period of twenty (20) days without the written permission of the Bank, other than by reason of fire, wind, flood, storm, strike, unavailability of materials, Acts of God or other cause not within the control of the Borrower.
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Work thereby as a result of strikes, acts of God, shortages of materials or labor, governmental approvals or requirements, the various causes set forth below, or any other causes beyond Landlord's reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called "Tenant Delays"):
(a) Delays in Planning as described above (except for Landlord Delays), or
(b) Tenant's requests for changes to the Work or Change Orders under Section VII, or otherwise,
(c) Tenant's failure to furnish an amount equal to Landlord's reasonable estimate of Tenant's Cost (if any) within 10 days, as described in Section IX (which shall give Landlord the absolute right to postpone the Work until such amount is furnished to Landlord),
(d) any upgrades, special work or other non-building standard items, or items not customarily provided by Landlord to office tenants, to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits, requirements for any governmental approval, permit or action beyond the issuance of normal building permits (as described in Section VI), or other delays not typically encountered in connection with Landlord's standard office improvements,
(e) the performance by Tenant or Tenant's contractors, agents or employees of any work at or about the Premises or Property, or
(f) any act or omission of Tenant or Tenant's contractors, agents or employees, or any breach by the Tenant of any provisions contained in this Agreement or in the Lease, or any failure of Tenant to cooperate with Landlord or otherwise act in good faith in order to cause the Work to be designed and performed in a timely manner.
DELAYS IN CONSTRUCTION. The Commencement Date under the Lease shall be postponed for each day that Landlord fails to substantially complete the Work thereby as a result of strikes, acts of God, shortages of materials or labor, governmental approvals or requirements, the various causes set forth below, or any other causes beyond Landlord's reasonable control. The Work shall not be considered complete until Landlord shall have obtained a temporary or final certificate of occupancy.
DELAYS IN CONSTRUCTION. The Commencement Date under the Sublease shall be postponed for each day that Sublandlord fails to substantially complete the Work as a result of strikes, acts of God, shortages of materials or labor, governmental approvals or requirements, the various causes set forth below, or any other causes beyond Sublandlord’s reasonable control. In such case, the commencement of Rent shall be similarly postponed, except to the extent that delays occur as a result of one or more of the following (collectively called “Subtenant Delays”):
(a) Subtenant’s requests for changes to the Work,
(b) any upgrades, special work or other non-building standard items, or items not customarily provided by Sublandlord to office tenants (to the extent that the same involve longer lead times, installation times, delays or difficulties in obtaining building permits), requirements for any governmental approval, permit or action beyond the issuance of normal building permits, or other delays not typically encountered in connection with Sublandlord’s standard office improvements, or
DELAYS IN CONSTRUCTION. (a) If for any reason other than Force Majeure or Tenant Delay, Landlord shall fail to commence construction of the Project (as evidenced by commencement of pouring the foundation footings) on or before July 5, 1998, Tenant shall have the right to terminate this Lease, by giving written notice thereof on or before July 20, 1998 (provided, that Landlord has not cured such default by commencing such construction prior to the giving of such notice by Tenant). If the Lease is terminated as described in the previous sentence, Tenant shall be entitled to receive, as Tenant's sole and exclusive remedy for such failure by Landlord, liquidated damages of $500,000.00 payable to Tenant within thirty (30) days of Landlord's receipt of such cancellation notice, the parties agreeing that Tenant's actual damages would be difficult or impossible to ascertain and that such liquidated damages are reasonable under the circumstances.
(b) Subject to Tenant Delays but regardless of Force Majeure, if Landlord has not delivered the Premises for Tenant construction of interior improvements by an outside date of July 1, 1999, Tenant shall have the right, as Tenant's sole and exclusive remedies with respect thereto, to either (i) receive an abatement of Base Rental for two (2) months following the Commencement Date, or (ii) to terminate this Lease. "Delivery" of such space as used in the previous sentence shall mean that such space is dried-in, exterior glass has been installed, and the space is lockable and is being supplied with conditioned air. Any such election by Tenant shall be made on or before delivery of such space for such purposes, and in no event later than July 15, 1999. In 152 the event Landlord has not delivered such space prior to July 15, 1999, and Tenant has not elected either of the options set forth in this paragraph, Tenant shall be deemed to have elected option (i) above. If Tenant elects option (i) above, Landlord shall continue to proceed with reasonable due diligence to deliver the Premises for Tenant's construction of interior improvements as soon as reasonably possible thereafter. If Landlord thereafter fails to so proceed with due diligence, Tenant shall be entitled to exercise any and all remedies at law or in equity Tenant may have for such subsequent failure by Landlord other than the termination of this Lease, which termination right Tenant hereby waives in its entirety with respect to any such breach (other than as provided in Section 8(c) of Exhibit...
DELAYS IN CONSTRUCTION. Force Majeure. SCE shall not be responsible for any delay in the installation or completion of the facilities by SCE resulting from the late performance of Applicant's responsibilities under this Contract, shortage of labor or material, strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgements of any court or commission, delay in obtaining necessary land rights, act of God, or any other cause or condition beyond the control of SCE.
