Common use of Excusable Tenant Delay Clause in Contracts

Excusable Tenant Delay. Regardless of the existence or absence of references to Excusable Tenant Delay elsewhere in this Lease, the deadlines of Tenant set forth in Section 8.4 above and all other deadlines and time periods within which Tenant must fulfill the obligations of Tenant elsewhere in this Lease shall each be adjusted as appropriate to include Excusable Tenant Delay Periods unless otherwise expressly provided in this Agreement; provided that (i) the obligation to pay Rent as and when due pursuant to the terms of this Lease is not subject to adjustment or extension due to Excusable Tenant Delay and (ii) Tenant complies with the requirements of this Article X. With respect to each occurrence of Excusable Tenant Delay, Tenant shall, within ten (10) calendar days after Xxxxxx’s knowledge of the occurrence of an event that Tenant reasonably believes to be an Excusable Tenant Delay, which may be a claim from the Project Contractor, give Notice to Landlord Representative of the event constituting Excusable Tenant Delay, Xxxxxx’s good faith estimate of the Excusable Tenant Delay Period resulting therefrom and the basis therefor, Xxxxxx’s good faith estimate of any adjustment resulting therefrom that is to be made to the Project Construction Schedule or other time for performance, as the case may be, together with reasonable documentation supporting the adjustments proposed. If Landlord Representative believes that the documentation supplied is not sufficient to justify the delay claimed or adjustments proposed, Landlord Representative shall give Notice to Tenant of the claimed deficiency and Tenant shall have a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) Notice from Tenant shall be required with respect to a continuing Excusable Tenant Delay, except that Tenant shall promptly (and in no event less often than every thirty (30) calendar days) give Notice to Landlord Representative of any further changes in the Project Construction Schedule or the additional time for performance claimed by reason of the continuing delay. Landlord Representative shall have the right to challenge Xxxxxx’s assertion of the occurrence of an Excusable Tenant Delay, or Tenant’s good faith estimate of the Excusable Tenant Delay Period, changes in the Project Construction Schedule or the additional time for performance claimed by reason of the Excusable Tenant Delay if Landlord Representative gives Notice to Tenant within thirty (30) calendar days after receipt by Landlord Representative of such claim of Excusable Tenant Delay or Notice from Tenant of further changes to such dates as a result of such Excusable Tenant Delay, as the case may be (which challenge shall be deemed to have been made if Landlord Representative gives Notice to Tenant of any claimed deficiency in documentation as provided for above in this Section 10.1).

Excusable Tenant Delay. Regardless of the existence or absence of references to Excusable Tenant Delay elsewhere in this LeaseAgreement, the deadlines of Tenant set forth in Section 8.4 above and all other deadlines and any deadline or time periods period within which Tenant must fulfill the obligations of Tenant elsewhere in this Lease Agreement shall each be adjusted as appropriate to include that number of days of delay in the performance by Tenant of its obligations hereunder actually resulting from such Excusable Tenant Delay Periods Delay, unless otherwise expressly provided in this AgreementAgreement to the contrary; provided that (i) the obligation to pay Rent as and when due pursuant to the terms of this Lease Agreement is not subject to adjustment or extension due to Excusable Tenant Delay unless otherwise expressly provided herein to the contrary and (ii) Tenant complies with the requirements of this Article X. XX. With respect to each occurrence of Excusable Tenant Delay, Tenant shall, within ten fifteen (1015) calendar days after Xxxxxxof Tenant’s knowledge of the occurrence of an such event that Tenant reasonably believes to be an of Excusable Tenant Delay, which may be a claim from the Project Contractor, give Notice written notice to Landlord Representative of the event constituting Excusable Tenant Delay, XxxxxxTenant’s good faith estimate of the Excusable Tenant Delay Period resulting therefrom and the basis therefor, XxxxxxTenant’s good faith estimate of any adjustment resulting therefrom that is to be made to the Project Construction Schedule or other time for performance, as the case may be, together with reasonable documentation supporting the adjustments proposed. If Landlord City Representative believes that the documentation supplied is not sufficient to justify the delay claimed or adjustments proposed, Landlord City Representative shall give Notice written notice to Tenant of the claimed deficiency and Tenant shall have a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) Notice notice from Tenant shall be required with respect to a continuing Excusable Tenant Delay, except that Tenant shall promptly (and in no event less often than every thirty (30) calendar days) give Notice notice to Landlord City Representative of any further changes in the Project Construction Schedule or the additional time for performance claimed by reason of the continuing delay. Landlord City Representative shall have the right to challenge XxxxxxTenant’s assertion of the occurrence of an Excusable Tenant Delay, or Tenant’s good faith estimate of the Excusable Tenant Delay Period, Period or changes in the Project Construction Schedule or the additional time for performance claimed by reason of the Excusable Tenant Delay if Landlord City Representative gives Notice sends notice to Tenant within thirty (30) calendar days after receipt by Landlord City Representative of such claim of Excusable Tenant Delay or Notice notice from Tenant of further changes to such dates as a result of such Excusable usable Tenant Delay, as the case may be (which challenge shall be deemed to have been made if Landlord City Representative gives Notice notice to Tenant of any claimed deficiency in documentation as provided for above in this Section 10.120.1).

Excusable Tenant Delay. Regardless of the existence or absence of references to Excusable Tenant Delay elsewhere in this Lease, the deadlines of Tenant set forth in Section 8.4 above and all other deadlines and time periods within which Tenant must fulfill the obligations of Tenant elsewhere in this Lease shall each be adjusted as appropriate to include Excusable Tenant Delay Periods unless otherwise expressly provided in this Agreement; provided that (i) the obligation to pay Rent as and when due pursuant to the terms of this Lease is not subject to adjustment or extension due to Excusable Tenant Delay and (ii) Tenant complies with the requirements of this Article X. With respect to each occurrence of Excusable Tenant Delay, Tenant shall, within ten (10) calendar days after XxxxxxTenant’s knowledge of the occurrence of an event that Tenant reasonably believes to be an Excusable Tenant Delay, which may be a claim from the Project Contractor, give Notice to Landlord Representative of the event constituting Excusable Tenant Delay, XxxxxxTenant’s good faith estimate of the Excusable Tenant Delay Period resulting therefrom and the basis therefor, XxxxxxTenant’s good faith estimate of any adjustment resulting therefrom that is to be made to the Project Construction Schedule or other time for performance, as the case may be, together with reasonable documentation supporting the adjustments proposed. If Landlord Representative believes that the documentation supplied is not sufficient to justify the delay claimed or adjustments proposed, Landlord Representative shall give Notice to Tenant of the claimed deficiency and Tenant shall have a reasonable period of time to more fully document the delay and adjustments claimed. Only one (1) Notice from Tenant shall be required with respect to a continuing Excusable Tenant Delay, except that Tenant shall promptly (and in no event less often than every thirty (30) calendar days) give Notice to Landlord Representative of any further changes in the Project Construction Schedule or the additional time for performance claimed by reason of the continuing delay. Landlord Representative shall have the right to challenge XxxxxxTenant’s assertion of the occurrence of an Excusable Tenant Delay, or Tenant’s good faith estimate of the Excusable Tenant Delay Period, changes in the Project Construction Schedule or the additional time for performance claimed by reason of the Excusable Tenant Delay if Landlord Representative gives Notice to Tenant within thirty (30) calendar days after receipt by Landlord Representative of such claim of Excusable Tenant Delay or Notice from Tenant of further changes to such dates as a result of such Excusable Tenant Delay, as the case may be (which challenge shall be deemed to have been made if Landlord Representative gives Notice to Tenant of any claimed deficiency in documentation as provided for above in this Section 10.1).