Common use of INABILITY TO OBTAIN MATERIALS Clause in Contracts

INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase II are not: (i) regularly used, (ii) cannot be obtained within sixty (60) days after placing an order therefore, and (iii) Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase II by the Scheduled Completion Date, then Lessee shall within five days either (i) execute a change order selecting an alternative reasonably approved by Lessor, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase II as a consequence of the inability to obtain the item will be a Lessee Delay.

Appears in 2 contracts

Samples: Lease Agreement (Oni Systems Corp), Lease Agreement (Oni Systems Corp)

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INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase II I are not: (i) regularly used, (ii) cannot be obtained within sixty (60) days after placing an order therefore, and (iii) Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase II I by the Scheduled Completion Date, then Lessee shall within five days either (i) execute a change order selecting an alternative reasonably approved by Lessor, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase II I as a consequence of the inability to obtain the item will be a Lessee Delay.

Appears in 2 contracts

Samples: Lease Agreement (Oni Systems Corp), Lease Agreement (Oni Systems Corp)

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INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase II are not: (i) regularly used, (ii) cannot be obtained within sixty (60) days after placing an order therefore, and (iii) Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase II by the Scheduled Completion Date, then Lessee shall within five days either (i) execute a change order selecting an alternative reasonably approved by Lessor, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase II as a consequence of the inability to obtain the item will be a Lessee Delay.

Appears in 1 contract

Samples: Lease Agreement (Cei Systems Inc)

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