Common use of Landlord Caused Delay Clause in Contracts

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.

Landlord Caused Delay. As used in this 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 “Work Letter, "Landlord Caused Delay,” as that term is defined below As used herein, a “Landlord Caused Delay” " shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (ai) failure of Landlord to timely approve or disapprove any actual delay Construction Drawings in the completion time periods specified above; (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the Building (including loading docks and freight elevators) or service during normal construction hours, or the use thereof during normal construction hours (including as resulting from Landlord's continuing construction of the Base Building or any aspect thereof after the date upon which Tenant commences construction of the Tenant Improvements, provided that Tenant and Tenant's Agents reasonably cooperate with Landlord and Landlord's contractors to schedule such work); (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result of Landlord’s failure to timely respond to thereof, or 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 breach of the terms of Exhibit B or the Lease which continues after or this Tenant Work Letter by Landlord; (iv) the expiration presence of any notice hazardous materials in violation of applicable law; (v) Landlord's failure to deliver the Premises to Tenant in the time periods specified herein or cure periodin the condition required hereunder; or (cvi) 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 other provisions 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 Lease specifying Landlord Caused DelayDelays.

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 delays in the substantial completion of the Expansion Premises to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant's construction of the Expansion Tenant Improvements in the Expansion Premises to the extent caused by (i) Landlord's failure to timely approve or disapprove any matter requiring Landlord's pertaining to the Expansion Tenant Improvements within the time periods set forth above or if not specified, within a reasonable period of time; (iii) Landlord's failure to timely disburse the Expansion Tenant Improvement Allowance; (ii) material and unreasonable interference by Landlord with substantial completion of the Expansion Premises if such interference (A) objectively precludes or delays the construction of tenant improvements in the 100 Building or any portion thereof, and (B) relates to access by Tenant to the Expansion Premises or any of the 100 Building's facilities (including loading docks and freight elevators) or services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; or (iii) the negligence or willful misconduct of Landlord or the Landlord Parties pertaining to the Expansion Premises. If Tenant contends that a result Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Landlord to attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the notice (the "Landlord Delay Notice") are not cured by Landlord within one (1) business day 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 receipt of the terms of Exhibit B Landlord Delay Notice and if such action, inaction 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)circumstance otherwise qualify as a Landlord Caused Delay, provided, however, that notwithstanding the foregoing, no then a Landlord Caused Delay shall be deemed to have occurred unless and until Tenant has delivered to Landlord a factually correct written notice (commencing as of 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 date of Landlord’s receipt of such Landlord Caused Delay Notice, then the Landlord Caused Delay shall be deemed to have occurred Notice and ending as of the expiration date such delay ends. The terms of such two (2) business day period. A delay in delivering any portion of this Section 5.5 shall be inapplicable to the Expansion Existing Premises to and Existing 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 DelayImprovements.

Landlord Caused Delay. Tenant The Third Expansion Space Effective Date shall occur as provided in Section 1.1 above, provided that the Third Expansion Space Effective Date as otherwise determined under Section 1.1(ii) above 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 delayed by the number of days of delay to Substantially Complete the completion of Tenant Alterations (defined in Exhibit B attached hereto) in the Improvements Third Expansion Space which is delayed caused solely by a “Landlord Caused Delay,” as that term is defined below . As used hereinin this Section 1.2, a “Landlord Caused Delay” shall mean only (ai) Landlord’s failure to approve or disapprove the Construction Drawings (or any material phase or component thereof) pursuant to Section 3 of Exhibit B within five (5) business days following Landlord's receipt thereof, and (ii) an actual delay resulting from a material interference by Landlord, its agents or contractors with the construction of the Tenant Alterations, which interference hinders the scheduled construction of the Tenant Alterations in the Third Expansion Space during normal construction hours for the 630 Building. A Landlord Caused Delay shall not include a Prior Tenant Delay. The parties hereto specifically acknowledge and agree that any delay in the completion of the Improvements as a result of Tenant Alterations caused by Landlord’s notification to Tenant or its contractor of any violation of applicable laws, codes and ordinances by Tenant, breach of the Project’s rules and regulations by Tenant or failure to timely respond to any items required to be furnished or approved by Landlord or to allow access to construct the Premises to Tenant’s contractors (provided the contractors have complied Tenant Alterations in accordance with the scheduling notice requirements and other requirements set forth in this Exhibit B); (b) approved Plans shall not constitute 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 “Substantial Completion” 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 “Substantially Complete” shall be deemed to have occurred as the date that the construction of the expiration Tenant Alterations is sufficiently complete so that Tenant can legally occupy and utilize the Third Expansion Space for the permitted use under the Lease, subject only to minor “punchlist” items, the completion of such two (2) business day period. A delay in delivering any portion which will not materially affect Tenant's use and occupancy of the Third 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 DelaySpace.

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 delays in the substantial completion of the applicable portion of the Premises to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant’s construction of the Tenant Improvements as a result of to the extent caused by (i) Landlord’s failure to timely respond to approve or disapprove any items required to be furnished or approved by Landlord or to allow access matter requiring Landlord’s approval pertaining to the Premises to Tenant’s contractors (provided Tenant Improvements within the contractors have complied with the scheduling notice requirements and other requirements time periods set forth in this Exhibit B)above or if not specified, within a reasonable period of time; (bii) a material default by Landlord of Landlord’s failure to timely disburse the terms of Exhibit B or the Lease which continues after the expiration of any notice or cure periodTenant Improvement Allowance; or (ciii) material and unreasonable interference by Landlord with substantial completion of the applicable portion of the Premises if such interference (A) objectively precludes or delays the construction of Tenant Improvements therein or any portion thereof, and (B) relates to access by Tenant to the applicable portion of the Premises or any of the Building’s facilities (including loading docks and freight elevators) or services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Landlord to attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the notice (the “Landlord Delay Notice”) are not cured by Landlord within one (1) business day of Landlord’s request for material changes in receipt of the final Plans Landlord Delay Notice and Specifications after Landlord’s approval thereof (unless if such request was caused by an error action, inaction or omission of Tenant or one of Tenant’s Agents)circumstance otherwise qualify as a Landlord Caused Delay, provided, however, that notwithstanding the foregoing, no then a Landlord Caused Delay shall be deemed to have occurred unless and until Tenant has delivered to Landlord a factually correct written notice (commencing as of 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 date of Landlord’s receipt of such Landlord Caused Delay Notice, then the Landlord Caused Delay shall be deemed to have occurred Notice and ending as of the expiration of date 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 Delayends.

Landlord Caused Delay. Tenant shall be entitled Notwithstanding anything to a day-for-day extension of the ninety-day build-out periods set forth contrary in Section 4 of this Second Amendment for Sublease, 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 as used in Section I.N of Exhibit X to the Master Lease, as incorporated herein, is changed to mean (a) any the following: actual delay delays in the completion Substantial Completion of the Tenant Improvements to the extent resulting from the failure of Sublessor to timely approve or disapprove any Construction Drawings or any other matters that are subject to Sublessor’s approval under Exhibit X, as a result of Landlordincorporated herein for any reason other than Master Lessor’s failure to timely respond to approve any items required to be furnished or approved by Landlord or to allow access to the Premises to Tenant’s contractors such matters (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, it being understood that notwithstanding the foregoing, no Landlord Caused Delay shall be deemed to have occurred unless occur if Sublessor is delayed in issuing its approval of any such Construction Drawings or other matters because of Master Lessor’s delay in approving, or Master Lessor’s failure to approve, of any such items). If Sublessee contends that a Commencement Date Delay (as defined in Exhibit X, as incorporated herein and until Tenant modified by this Section 14.2, has delivered occurred, Sublessee shall notify Sublessor in writing of (i) the event which constitutes such Commencement Date Delay and (ii) the date upon which such Commencement Date Delay is anticipated to Landlord a factually correct written notice end. If such actions, inaction or circumstance described in the Notice set forth in (i) above (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 ) are not cured by Landlord within two (2) business days of LandlordSublessor’s receipt of the Delay Notice and if such Landlord Caused Delay Noticeaction, inaction or circumstance otherwise qualifies as a Commencement Date Delay, then the Landlord Caused a Commencement Date Delay shall be deemed to have occurred commencing as of the expiration date of such two (2) business day period. A delay in delivering any portion Sublessor’s receipt of the Expansion Premises to Tenant Delay Notice and ending as a result of the failure date such delay ends. For purposes hereof “Substantial Completion of the Tenant Improvements” shall mean completion of construction of the Tenant Improvements in the Premises pursuant to the approved construction drawings, with the exception of any tenants currently leasing any of minor punch list items and the Expansion Premises to vacate such portion(s) shall not be a Landlord Caused Delayis ready for occupancy by Sublessee.