Common use of DELAYS IN WORK Clause in Contracts

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term thereof, Tenant’s obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed all Work to be performed by Landlord as set forth in Paragraph l hereof; provided, however, if Landlord shall be delayed in Substantially Completing said Work for any reason set forth in the following subparagraphs (a) through (i) (“Tenant Delay”) or for any reason set forth in the following subparagraph (j) (“Force Majeure Delay”), then neither the Commencement Date of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay: (a) [Intentionally omitted]; (b) [Intentionally omitted]; (c) Tenant’s request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans); (d) Tenant’s failure to pay for any portion of the Work as and when payable by Tenant hereunder, or Tenant’s failure to respond to Landlord’s submission of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) above; (e) [Intentionally omitted]; (f) Landlord’s determination that base building modifications are necessary in order to accommodate the Work; (g) The entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) in or about the Premises or Building; (h) [Intentionally omitted]; (i) any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion of the Work; or (j) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.

Appears in 1 contract

Samples: Lease (Radius Health, Inc.)

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DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term term thereof, Tenant’s 's obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed substantially completed all Work to be performed by Landlord as set forth in Paragraph l hereof; provided, however, if Landlord shall be delayed in Substantially Completing substantially completing said Work for any reason set forth in the following subparagraphs (a) through (if) ("Tenant Delay") or for any reason set forth in the following subparagraph (jg) ("Force Majeure Delay"), then neither the Commencement Date of the term of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay: (a) [Intentionally omitted]; (b) [Intentionally omitted]; (c) Tenant’s 's request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans); (db) Tenant’s 's failure to pay for any portion of the Work as and when payable by Tenant hereunder, or Tenant’s failure to respond to Landlord’s submission of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) above; (ec) [Intentionally omitted]Tenant's changes in the Work or the Plans after the approval thereof or deemed approval thereof as provided in paragraph 2(a) above (notwithstanding Landlord's approval of any such changes); (fd) Landlord’s 's determination that base building modifications are necessary in order to accommodate the Work; (ge) The entry by Tenant or Tenant’s 's Contractors (as defined in Paragraph 6 below) in or about the Premises or Building; (h) [Intentionally omitted]; (if) any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion substantial completion of the Work; or (jg) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.

Appears in 1 contract

Samples: Office Lease (Careadvantage Inc)

DELAYS IN WORK. Notwithstanding the date provided in the Lease or this Agreement for the commencement substantial completion of the Term thereofWork, the Expansion Rental Commencement Date shall be the earlier of (i) the date that the Completion Date (defined in Section 4) below has occurred and Landlord has tendered possession of the Expansion Premises to Tenant’s obligation ; or (ii) the date on which Landlord would have achieved the Completion Date and tendered possession of the Expansion Premises to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed all Work Tenant, but for delays attributable to be performed by Landlord as any of the reasons set forth in Paragraph l hereof; provided, however, if Landlord shall be delayed in Substantially Completing said Work for any reason set forth in the following subparagraphs (aSubsections 3(a) through (if) inclusive (collectively, “Tenant Delay”) ): a. Tenant’s failure to approve any plans required to be approved by Tenant when required hereby; or b. Tenant’s failure to approve any Pricing Schedule or for any reason set forth in revisions thereto within the following subparagraph (j) (“Force Majeure Delay”), then neither the Commencement Date of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay:times prescribed hereby; or (a) [Intentionally omitted]; (b) [Intentionally omitted]; (c) c. Tenant’s request for or use of unique materials, finishes or finishes, installations or construction procedures which are substantially different from that which is standard or customary for other than those within the Building or from that shown scope of the Plans; or x. Xxxxx in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction commencement of the Work without the benefit on account of the Plans); (d) Tenant’s failure to pay for any portion of the Cost of Work as and when payable by Tenant hereunder, ; or e. Changes requested by Tenant in the Work or Tenant’s failure to respond to in the Plans (notwithstanding Landlord’s submission subsequent approval of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) above;any such Changes); or (e) [Intentionally omitted]; (f) Landlord’s determination that base building modifications are necessary in order to accommodate the Work; (g) The entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) in or about the Premises or Building; (h) [Intentionally omitted]; (i) any f. Any other act, act omission or delay by Tenant, its agents or agents, contractors or persons employed by any of such persons delaying Substantial Completion which delays the substantial completion of the Work; or . Promptly after the Completion Date, the parties will execute the Commencement Certificate attached as Exhibit D to the Lease, setting forth the actual Expansion Rental Commencement Date and Expiration Date of the Lease, as so modified, so that said dates are certain and such instrument, when executed, is hereby made a part of the Lease and incorporated herein by reference. In the event Landlord and Tenant are unable to agree as to whether a Tenant Delay has occurred and the length of any Tenant Delay, a certificate of the General Contractor (jdefined in Section 1(f)) as to whether a Tenant Delay has occurred and the length of any other cause beyond Tenant Delay shall be binding on the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of Godparties.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term thereof, Tenant’s obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed all Work to be performed by Landlord as set forth in Paragraph l hereof; provided, however, if If Landlord shall be delayed in Substantially Completing said Work the Tenant Improvements for any reason set forth in the following subparagraphs 12.1 through 12.9 below (a) through (i) (each, a Tenant Delay”) or for any reason set forth in the following subparagraph (j) (“Force Majeure DelayTENANT DELAY”), then neither the Commencement Date of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delayTenant Delay. Landlord shall notify Tenant in writing within three (3) business days following Landlord’s actual knowledge of the occurrence of the event constituting a Tenant Delay, that such event is or will result in a Tenant Delay under this Workletter Agreement (provided that if Landlord fails to give a timely notice, then Landlord may not claim “Tenant Delay” with respect to any period of delay occurring prior to Landlord’s delivery of such notice to Tenant). The following constitute Tenant Delay: (a) [Intentionally omitted]33.1 Tenant’s failure to furnish the initial Preliminary Construction Drawings and architectural Construction Documents or the information required for the preparation of the same or the engineering Construction Documents as and when required hereby or other Tenant delay under Paragraph 4, 5, 6 and 10 above; (b) [Intentionally omitted]33.2 Tenant’s failure to approve the Cost Schedule within the time period required hereby or other Tenant delay under Paragraph 7 above; (c) 33.3 Tenant’s request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans)Unique Items; (d) 33.4 Tenant’s failure to pay for any portion portions of the Work Tenant Improvements as and when payable by Tenant hereunder, or ; 33.5 Tenant’s failure to respond to changes in the work or the Construction Documents (notwithstanding Landlord’s submission approval of Plans to any such changes) or other Tenant for its approval or disapproval within the time period described in paragraph 2(a) delay under Paragraph 9 above; (e) [Intentionally omitted]; (f) 33.6 Landlord’s determination that base building modifications to the Base Building Work are necessary in order to accommodate the WorkTenant Improvements; (g) The 33.7 the entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) contractors, suppliers, vendors or other agents in or about the Premises or BuildingBuilding or other Tenant delay under Paragraph 15 below; (h) [Intentionally omitted];33.8 Landlord’s inability to commence the Tenant Improvements on or before September 1, 2001 due to the failure to have final Construction Documents and the Cost Schedule approved by both parties on or before May 15, 2001 for any reason other than Landlord’s arbitrary objections to, or disapproval of, such items or Landlords’ failure to respond to Tenant’s submittals as and when required hereunder; or (i) 33.9 any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion of the Work; or (j) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.Tenant Improvements or otherwise described as a “Tenant Delay” in this Workletter Agreement. [OPEN:TENANT WANTS BINDING ARBITRATION FOR DISPUTES REGARDING TENANT DELAYS]

Appears in 1 contract

Samples: Office Lease (Houghton Mifflin Co)

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term thereofCommencement Date, Tenant’s 's obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed substantially completed all Work to be performed by Landlord in the Premises as set forth in Paragraph l hereofhereof and obtained a certificate of occupancy from all applicable governmental authorities; provided, however, if Landlord shall be delayed in Substantially Completing said substantially completing the Work for any reason set forth in the following subparagraphs (a) through (if) ("Tenant Delay”) or for any reason set forth in the following subparagraph (j) (“Force Majeure Delay”"), then neither the Commencement Date of the Lease Date, Rent Commencement Date, nor the payment of Rent thereunder shall be affected or deferred on account of such delay: (a) [Intentionally omitted];Tenant's failure to furnish any reasonable information required for the completion, and Tenant approval, of the Space Plans or the Plans within the time frames set forth in Paragraph 1 above, or required for the completion of Landlord's Work as set forth in writing by the Landlord to Tenant; or (b) [Intentionally omitted];Tenant's failure, for a period of fifteen (15) days or more, to agree upon Plans acceptable to Tenant; or (c) Tenant’s 's request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished LandlordBuilding, or resulting in the Work required by the Approved Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this the Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans);; or (d) Tenant’s failure to pay for any portion of 's material changes in the Work as and when payable by Tenant hereunder, or Tenant’s failure to respond to the Plans (notwithstanding Landlord’s submission 's approval of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) above;any such material changes); or (e) [Intentionally omitted]; (f) Landlord’s determination that base building modifications are necessary in order to accommodate the Work; (g) The entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) in or about the Premises or Building; (h) [Intentionally omitted]; (i) any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion substantial completion of the Work; or (j) any other cause beyond , subject to Force Majeure as defined in the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of GodLease.

Appears in 1 contract

Samples: Office Lease (Medical Connections Holdings, Inc.)

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term thereof, Tenant’s obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed all Work to be performed by Landlord as set forth in Paragraph l hereof; provided, however, if If Landlord shall be delayed in Substantially Completing said Work the Tenant Improvements for any reason set forth in the following subparagraphs 12.1 through 12.9 below (a) through (i) (“Tenant Delay”) or for any reason set forth in the following subparagraph (j) (“Force Majeure Delay”each, a "TENANT DELAY"), then neither the Commencement Date of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay:Tenant Delay. Landlord shall notify (a) [Intentionally omitted]33.1 Tenant's failure to furnish the initial Preliminary Construction Drawings and architectural Construction Documents or the information required for the preparation of the same or the engineering Construction Documents as and when required hereby or other Tenant delay under Paragraph 4, 5, 6 and 10 above; (b) [Intentionally omitted]33.2 Tenant's failure to approve the Cost Schedule within the time period required hereby or other Tenant delay under Paragraph 7 above; (c) 33.3 Tenant’s 's request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans)Unique Items; (d) 33.4 Tenant’s 's failure to pay for any portion portions of the Work Tenant Improvements as and when payable by Tenant hereunder, ; 33.5 Tenant's changes in the work or Tenant’s failure to respond to the Construction Documents (notwithstanding Landlord’s submission 's approval of Plans to any such changes) or other Tenant for its approval or disapproval within the time period described in paragraph 2(a) delay under Paragraph 9 above; (e) [Intentionally omitted]; (f) 33.6 Landlord’s 's determination that base building modifications to the Base Building Work are necessary in order to accommodate the WorkTenant Improvements; (g) The 33.7 the entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) 's contractors, suppliers, vendors or other agents in or about the Premises or BuildingBuilding or other Tenant delay under Paragraph 15 below; (h) [Intentionally omitted];33.8 Landlord's inability to commence the Tenant Improvements on or before September 1, 2001 due to the failure to have final Construction Documents and the Cost Schedule approved by both parties on or before May 15, 2001 for any reason other than Landlord's arbitrary objections to, or disapproval of, such items or Landlords' failure to respond to Tenant's submittals as and when required hereunder; or (i) 33.9 any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion of the Work; or (j) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.Tenant Improvements or otherwise described as a "Tenant Delay" in this Workletter Agreement. [OPEN: TENANT WANTS BINDING ARBITRATION FOR DISPUTES REGARDING TENANT DELAYS]

Appears in 1 contract

Samples: Office Lease (Houghton Mifflin Co)

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DELAYS IN WORK. Notwithstanding the date provided in the Lease or this Agreement for substantial completion of the Work, the Rent Commencement Date shall be the earlier of (i) the date that the Completion Date (defined in Section 4 below) has occurred for the commencement entire Premises and Landlord has tender possession of this entire Premises to Tenant or (ii) the date on which Landlord would have achieved the Completion Date for the entire Premises and tendered possession of the Term thereof, Tenant’s obligation entire Premises to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed all Work Tenant but for delays attributable to be performed by Landlord as any of the reasons set forth in Paragraph l hereof; provided, however, if Landlord shall be delayed in Substantially Completing said Work for any reason set forth in the following subparagraphs (aSubsections 3(a) through (ie) inclusive (collectively, “Tenant Delay”): a. Tenant’s failure to either approve any Plans or notify Landlord of changes required thereto within ten (10) or for any reason set forth in the following subparagraph (j) (“Force Majeure Delay”), then neither the Commencement Date business days of Tenant’s receipt of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay:Plans; or (a) [Intentionally omitted]; (b) [Intentionally omitted]; (c) b. Tenant’s request for or use of unique materials, finishes or finishes, installations or construction procedures which are substantially different from that which is standard or customary for other than those within the Building or from that shown in any space plan which scope of the Plans; or c. Changes requested by Tenant has heretofore furnished Landlord, or resulting in the Work required by or in the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use notwithstanding Landlord’s subsequent approval of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plansany such Changes); (d) d. Failure of Tenant’s failure vendors to pay for any portion comply with the time requirements of the Work as and when payable by Tenant hereunder, or Tenant’s failure to respond to Landlord’s submission of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) above;construction schedule; or (e) [Intentionally omitted]; (f) Landlord’s determination that base building modifications are necessary in order to accommodate the Work; (g) The entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) in or about the Premises or Building; (h) [Intentionally omitted]; (i) any e. Any other act, omission or delay by Tenant, its agents or contractors agents, contractors, vendors or persons employed by any of such persons delaying Substantial Completion which delays the substantial completion of the Work; or (j) . Promptly after the Completion Date, the parties will execute the Commencement Certificate attached as Exhibit D to the Lease, setting forth the actual Rent Commencement Date and Expiration Date of the Lease, as so modified, so that said dates are certain and such instrument, when executed, is hereby made a part of the Lease and incorporated herein by reference. In the event Landlord and Tenant are unable to agree as to whether a Tenant Delay has occurred and the length of any other cause beyond the reasonable control Tenant Delay, a certificate of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability ’s general contractor as to procure materials, failure whether a Tenant Delay has occurred and the length of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of Godany Tenant Delay shall be binding on the parties.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term term thereof, Tenant’s 's obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed substantially completed all Work to be performed by Landlord as set forth in Paragraph l hereof; provided, however, if Landlord shall be delayed in Substantially Completing substantially completing said Work for any reason set forth in the following subparagraphs (a) through (if) ("Tenant Delay") or for any reason set forth in the following subparagraph (jg) ("Force Majeure Delay"), then neither the Commencement Date of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay: (a) [Intentionally omitted]Tenant's failure to furnish any information required for the completion of Landlord's Work; (b) [Intentionally omitted]; (c) Tenant’s 's request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans); (dc) Tenant’s failure to pay for any portion of 's changes in the Work as and when payable by Tenant hereunder, or Tenant’s failure to respond to the Plans (notwithstanding Landlord’s submission 's approval of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) aboveany such changes); (e) [Intentionally omitted]; (fd) Landlord’s 's determination that base building modifications are necessary in order to accommodate the Work; (ge) The entry by Tenant or Tenant’s 's Contractors (as defined in Paragraph 6 4 below) in or about the Premises or Building; (h) [Intentionally omitted]; (if) any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion substantial completion of the Work; or (jg) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.

Appears in 1 contract

Samples: Office Lease (C Bridge Internet Solutions Inc)

DELAYS IN WORK. Notwithstanding the date provided in the Lease for the commencement of the Term thereof, Tenant’s 's obligation to pay Rent thereunder shall not commence until Landlord shall have Substantially Completed substantially completed all Work to be performed by Landlord as set forth in Paragraph l 1 hereof; provided, however, if Landlord shall be delayed in Substantially Completing substantially completing said Work for any reason set forth in the following subparagraphs (a) through (ie) ("Tenant Delay") or for any reason set forth in the following subparagraph (jf) ("Force Majeure Delay"), then neither the Commencement Date commencement date of the Term of the Lease nor the payment of Rent thereunder shall be affected or deferred on account of such delay: (a) [Intentionally omitted]Tenant's failure to furnish the Plans or the information required for the preparation of the same as and when required hereby; (b) [Intentionally omitted]; (c) Tenant’s 's request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Building or from that shown in any space plan which Tenant has heretofore furnished Landlord, or resulting in the Work required by the Plans (as same may be revised from time to time) taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of this the Lease (i.e., when Landlord developed its schedule for construction of the Work without the benefit of the Plans); (dc) Tenant’s failure to pay for any portion of 's changes in the Work as and when payable by Tenant hereunderor the Plans, or Tenant’s failure to respond to other than a mere cost change, (notwithstanding Landlord’s submission 's approval of Plans to Tenant for its approval or disapproval within the time period described in paragraph 2(a) aboveany such changes); (e) [Intentionally omitted]; (f) Landlord’s determination that base building modifications are necessary in order to accommodate the Work; (gd) The entry by Tenant or Tenant’s Contractors (as defined in Paragraph 6 below) 's contractors in or about the Premises or BuildingBuilding in a manner that substantially and as a matter of fact interferes with Landlord’s work; (h) [Intentionally omitted]; (ie) any other act, omission or delay by Tenant, its agents or contractors or persons employed by any of such persons delaying Substantial Completion substantial completion of the Work; or (jf) any other cause beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, labor trouble, disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties and acts of God.

Appears in 1 contract

Samples: Office Lease (AtheroNova Inc.)

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