Common use of Determination of Landlord Caused Delay Clause in Contracts

Determination of Landlord Caused Delay. If Tenant contends that a Landlord Caused Delay has occurred (other than with regard to a scheduled date for Landlord's approval or disapproval of an item pursuant to this Tenant Work Letter), Tenant shall notify Landlord and Construction Manager in writing of the date upon which such Landlord Caused Delay occurred. The date upon which such Landlord Caused Delay ends shall be referred to in this Section 5.5 as the "Termination Date". Notwithstanding anything in this Lease or Tenant Work Letter to the contrary, as to Landlord Caused Delays, only if any actions, inaction or circumstances described in such notice (the "Delay Notice") are not cured by Landlord and/or Construction Manager, as appropriate, within one (1) business days after receipt of the Delay Notice, and if such actions, inaction or circumstances otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of such date and ending as of the Termination Date.

Determination of Landlord Caused Delay. If Tenant contends that a Landlord Caused Delay has occurred (other than with regard to a scheduled date for Landlord's approval or disapproval of an item pursuant to this Tenant Work Letter)occurred, Tenant shall notify Landlord and Construction Manager in writing of the date upon which such Landlord Caused Delay occurred. The date upon which such Landlord Caused Delay ends shall be referred to in this Section 5.5 as the "Termination Date". Notwithstanding anything in this Lease or Tenant Work Letter to the contrary, as to Landlord Caused Delays, only if any actions, inaction or circumstances described in such notice (the "Delay Notice") of the event which constitutes such Landlord Caused Delay. If such actions, inaction or circumstance described in the Delay Notice are not cured by Landlord and/or Construction Manager, as appropriate, within one (1) business days after day of Landlord's receipt of the Delay Notice, Notice and if such actionsaction, inaction or circumstances circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of such the date of Landlord's receipt of the Delay Notice and ending as of the Termination Datedate such delay ends. Notwithstanding the foregoing, an event shall constitute the basis for a Landlord Caused Delay only to the extent the effect of such Landlord Caused Delay cannot be mitigated in a reasonably practicable manner by Landlord on commercially reasonable terms (without requiring Landlord to incur any expense or overtime). For purposes of this Section 5, "Substantial Completion of the Tenant Improvements" shall mean completion of construction of the Tenant Improvements in the Premises pursuant to the Approved Working Drawings, with the exception of any punch list items.

Determination of Landlord Caused Delay. If Tenant contends that a Landlord Caused Delay has occurred (other than with regard to a scheduled date for Landlord's approval or disapproval of an item pursuant to this Tenant Work Letter)occurred, Tenant shall notify Landlord and Construction Manager in writing (the “Delay Notice”) of the date upon event which constitutes such Landlord Caused Delay occurredDelay. The date upon which If such Landlord Caused Delay ends shall be referred to in this Section 5.5 as the "Termination Date". Notwithstanding anything in this Lease or Tenant Work Letter to the contrary, as to Landlord Caused Delays, only if any actions, inaction or circumstances circumstance described in such notice (the "Delay Notice") Notice are not cured by Landlord and/or Construction Manager, as appropriate, within one (1) business days after day of Landlord’s receipt of the Delay Notice, Notice and if such actionsaction, inaction or circumstances circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of such the date of Landlord’s receipt of the Delay Notice and ending as of the Termination Datedate such delay ends. Notwithstanding the foregoing, an event shall constitute the basis for a Landlord Caused Delay only to the extent the effect of such Landlord Caused Delay cannot be mitigated in a reasonably practicable manner by Landlord on commercially reasonable terms (without requiring Landlord to incur any expense or overtime). For purposes of this Section 5, “Substantial Completion of the Tenant Improvements” shall mean completion of construction of the Tenant Improvements in the Expansion Space pursuant to the Approved Working Drawings, with the exception of any punch list items.

Determination of Landlord Caused Delay. If Tenant contends that a Landlord Caused Delay has occurred (other than with regard to a scheduled date for Landlord's approval or disapproval of an item pursuant to this Tenant Work Letter)occurred, Tenant shall notify Landlord and Construction Manager in writing within two (2) business days of each of (i) the date upon which such Landlord Caused Delay occurred. The becomes known to Tenant, Architect, or Contractor and (ii) the date upon which such Landlord Caused Delay ends (the “Delay Termination Date”). Tenant’s failure to deliver both of such notices to Landlord within the required time period shall be referred deemed to in this Section 5.5 as be a waiver by Tenant of the "Termination Date". Notwithstanding anything in this Lease or Tenant Work Letter to the contrary, as to contended Landlord Caused Delays, only if any Delay to which such notices would have related. If such actions, inaction or circumstances described in such the notice set forth in clause (i) above (the "“Delay Notice"”) are not cured by Landlord and/or Construction Manager, as appropriate, within one two (12) business days after following Landlord’s receipt of the Delay Notice, Notice and if such actions, inaction or circumstances otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of such the date of Landlord’s receipt of the Delay Notice and ending as of the Delay Termination Date.