Landlord Caused Delay Sample Clauses

Landlord Caused Delay. Tenant shall be entitled to a day-for-day extension of the ninety-day build-out periods set forth in Section 4 of this Second Amendment for the number of days the completion of the Improvements is delayed by a “Landlord Caused Delay,” as that term is defined below As used herein, a “Landlord Caused Delay” shall mean (a) any actual delay in the completion of the Improvements as a result of Landlord’s failure to timely respond to any items required to be furnished or approved by Landlord or to allow access to the Premises to Tenant’s contractors (provided the contractors have complied with the scheduling notice requirements and other requirements set forth in this Exhibit B); (b) a material default by Landlord of the terms of Exhibit B or the Lease which continues after the expiration of any notice or cure period; or (c) Landlord’s request for material changes in the final Plans and Specifications after Landlord’s approval thereof (unless such request was caused by an error or omission of Tenant or one of Tenant’s Agents), provided, however, that notwithstanding the foregoing, no Landlord Caused Delay shall be deemed to have occurred unless and until Tenant has delivered to Landlord a factually correct written notice (the “Landlord Delay Notice”), specifying the bona fide action or inaction which Tenant contends constitutes the Landlord Caused Delay. If such action or inaction is not cured by Landlord within two (2) business days of Landlord’s receipt of such Landlord Caused Delay Notice, then the Landlord Caused Delay shall be deemed to have occurred as of the expiration of such two (2) business day period. A delay in delivering any portion of the Expansion Premises to Tenant as a result of the failure of any tenants currently leasing any of the Expansion Premises to vacate such portion(s) shall not be a Landlord Caused Delay.
Sample 1See All (6)
AutoNDA by SimpleDocs
Landlord Caused Delay. Actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to failure of Landlord to comply with the Time Deadlines, or to otherwise timely approve or disapprove any plans or specifications as required by this Tenant Work Letter, where such delay continues for more than three (3) business days after Lxxxxxxx’s receipt of written notice from Tenant specifying the same.
Sample 1
Landlord Caused Delay. As used in this Lease, "Landlord Caused Delay" shall mean any actual delay resulting from the acts or omissions of Landlord or Construction Manager which causes the Substantial Completion of the Premises to occur after January 1, 2003 (except to the extent such Landlord Caused Delay results from the occurrence of a Tenant Delay), including, but not limited to, (i) failure of Landlord to timely approve or disapprove any Construction Drawings; and (ii) delays due to the acts or failures to act of Landlord, Construction Manager, or their agents and/or contractors with respect to payment of the Tenant Improvement Allowance and/or any cessation of work upon the Tenant Improvements as a result thereof.
Sample 1
Landlord Caused Delay. As used herein, “Landlord Caused Delay” shall mean only an actual delay resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; or (ii) material interference by Landlord, its agents or contractors with the completion of the Tenant Improvements and which stop, hinder or delay construction of the Tenant Improvements and/or delivery and installation of furniture or equipment in the Building by Tenant or any material interference with access by Tenant, its agents and contractors to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during or after construction hours.
Sample 1
Landlord Caused Delay. Exhibit C Landlord Indemnified Parties ........................................ 10
Sample 1
Landlord Caused Delay 
Sample 1Sample 2

Related to Landlord Caused Delay

  • Landlord Default If Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement or any obligation of Landlord, if any, under any agreement affecting the Leased Property, the performance of which is not Tenant’s obligation pursuant to this Agreement, and any such default shall continue for a period of thirty (30) days after Notice thereof from Tenant to Landlord and any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct the same, Tenant may declare the occurrence of a “Landlord Default” by a second Notice to Landlord and to such Facility Mortgagee. Thereafter, Tenant may forthwith cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys’ fees and court costs) incurred by Tenant in curing the same, together with interest thereon (to the extent permitted by law) from the date Landlord receives Tenant’s invoice until paid, at the Overdue Rate. Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof. If Tenant and Landlord shall fail, in good faith, to resolve any such dispute within ten (10) days after Landlord’s Notice of dispute, either may submit the matter for resolution in accordance with Article 22.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!