Landlord Delay. A. Except as otherwise expressly provided in Paragraphs 5A and 5B below, if there is a delay in the substantial completion of Landlord’s Work or Landlord’s Additional Work for any reason, neither Landlord, nor the managing or leasing agent of the Building, nor any of their respective agents, partners or employees, shall have any liability to Tenant in connection with such delay, nor shall this Lease be affected in any way.
B. Landlord shall use good faith and commercially reasonable efforts to substantially complete the Stairwell Work on or before the Expansion Effective Date, subject to Tenant Delay and other matters beyond Landlord’s reasonable control, but in the event Landlord is unable to do so for any reason, this Lease shall remain in effect, the Expansion Effective Date shall not be extended or delayed, Tenant shall have no right to set-off, deduct or xxxxx Base Rent or any other charges payable by Tenant hereunder, and Landlord shall have no liability to Tenant as a result of any delay in the completion of the Stairwell Work, provided that if the Stairwell Work is not substantially completed on or before the Expansion Effective Date (as such substantial completion date may be extended by reason of Tenant Delay and other matters beyond Landlord’s reasonable control) (the “Outside Stairwell Work Date”), then for the period commencing on the Outside Stairwell Work Date and ending on the date of substantial completion of the Stairwell Work, Base Rent shall xxxxx as to that portion of the Premises rendered inaccessible to or untenantable by Tenant by reason of the incomplete or continued construction of the Stairwell Work, as reasonably determined by Landlord.
C. Landlord shall use good faith and commercially reasonable efforts to substantially complete Landlord’s Common Area Work on or before the Expansion Effective Date, subject to Tenant Delay and other matters beyond Landlord’s reasonable control, but in the event Landlord is unable to do so for any reason, this Lease shall remain in effect, the Expansion Effective Date shall not be extended or delayed, Tenant shall have no right to set-off, deduct or xxxxx Base Rent or any other charges payable by Tenant hereunder, and Landlord shall have no liability to Tenant as a result of any delay in the completion of Landlord’s Common Area Work, provided that if Landlord’s Common Area Work is not substantially completed on or before the date which is sixty (60) days after the Expansion Effective Date (as suc...
Landlord Delay. As used herein, (x) “Force Majeure Construction Delay” shall mean acts of God, casualties, natural disasters, strikes, war, terrorist attacks, lockouts, labor disputes or civil commotion, and (y) “Landlord Delay” shall mean a delay in the construction of the Tenant Improvements or Compliance Work resulting directly from the acts or omissions of Landlord, Landlord’s employees, agents, or contractors including, but not limited to (i) failure of Landlord to timely approve or disapprove any plans; (ii) interference by Landlord, its employees, agents or contractors with the completion of the Tenant Improvements or Compliance Work (including the impairment of Tenant’s contractors’ or vendors’ or employees’ access to the Premises for any reason (including due to the presence of Landlord’s contractors, vendors or personnel), failure to provide reasonable access to the Building’s loading docks or other facilities necessary for the construction of the Tenant Improvements or Compliance Work and/or the movement of materials and personnel to the Premises for such purpose) and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Force Majeure Construction Delay or a Landlord Delay has occurred, Tenant acknowledges and agrees that it has inspected the Building and the Site and in no event shall the physical character or condition of the Building and/or Site existing as of the Effective Date constitute a basis for a Landlord Delay (this agreement does not apply to the failure of any Building component to properly operate). Further, in no event shall any delay of Landlord constitute a Landlord Delay unless such delay results in a full day of delay in the construction of the Tenant Improvements or Compliance Work. Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above. Tenant will additionally use reasonable efforts to mitigate the effects of any Force Majeure Construction Delay or Landlord 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. If the actions or inactions or circumstances described in the D...
Landlord Delay. The term “Landlord Delay” shall mean and be defined as delay in the completion of Landlord’s Work that is caused by Landlord,. its agents or contractors, including without limitation:
Landlord Delay. As used in this Workletter and the Lease, “Landlord Delay” shall mean any of the following types of delay in the completion of construction of the Tenant Improvements necessary for Tenant’s occupancy of and commencement of business in the respective Buildings or phases, but only to the extent of the actual delay reasonably attributable to the causes or circumstances described herein and directly or proximately caused by such causes or circumstances after the delivery of Landlord’s Structural Completion Certificate for the applicable Building or phase:
Landlord Delay. See definition in Paragraph 10 hereof.
Landlord Delay. Any of the following types of delay in the completion of construction of the Tenant Improvements:
(i) Any delay resulting from Landlord's failure to furnish, in a timely manner, information requested by Tenant or by the Architect or General Contractor for Tenant's Work in connection with the design or construction of Tenant's Work, or from Landlord's failure to approve in a timely manner any matters requiring approval by Landlord; or
(ii) Any delay of any other kind or nature caused by Landlord (or Landlord's contractors, agents or employees) or resulting from the performance of Landlord's Work.
Landlord Delay. Any of the following types of delay in the completion of construction of Tenant’s Work (if any), but in each instance only to the extent that any of the following has actually and proximately caused substantial completion of Tenant’s Work to be delayed beyond the later of February 7, 2007 or the date by which the applicable Tenant’s Work would have been completed but for such delay:
(i) Any delay resulting from Landlord’s failure to furnish, in a timely manner, information reasonably requested by Tenant or by the TI Architect or TI General Contractor in connection with the design or construction of Tenant’s Work, or from Landlord’s failure to approve in a timely manner any matters requiring approval by Landlord; or
(ii) Any delay caused by Landlord (or Landlord’s contractors, agents or employees) materially interfering with the performance of Tenant’s Work.
Landlord Delay. The term "
Landlord Delay. A “Landlord Delay” shall be defined as any act or omission by Landlord or any agent, employee, consultant, contractor or subcontractor of Landlord which causes an actual delay in the completion of Tenant’s Work. Notwithstanding the foregoing, no event shall be deemed to be a Landlord Delay until and unless Tenant has given Landlord written notice (the “Landlord Delay Notice”) advising Landlord (i) that a Landlord Delay is occurring, (ii) of the basis on which Tenant has determined that a Landlord Delay is occurring, and (iii) the actions which Tenant believes that Landlord must take to eliminate such Landlord Delay, and Landlord has failed to correct the Landlord Delay specified in the Landlord Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Landlord pursuant to such Landlord Delay Notice.
Landlord Delay. The term “Landlord Delay” shall mean (i) the failure of Landlord to provide any responses required of Landlord within the time periods set forth in this Exhibit B-1 or (ii) any actual delay in the completion of the Expansion Space Tenant Improvements to the extent caused by the correction of any Defect that Tenant has identified to Landlord in accordance with Section 2 of the Second Amendment; provided, however, (1) a Landlord Delay shall not include any of the foregoing delays to the extent caused by the acts, omissions, or misconduct of Tenant or any Tenant Related Party, and (2) no Landlord Delay shall be deemed to have occurred unless Tenant has given Landlord written notice that an act or omission on the part of Landlord is about to occur or has occurred which will cause a delay in the completion of the Expansion Space Tenant Improvements and Landlord has failed to cure such delay within one (1) Business Day after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delay. Tenant shall be entitled to one (1) day of Base Rent abatement for each day of Landlord Xxxxx; provided, that such abatement attributable to all Landlord Delays identified in clause (ii) of the definition thereof shall not exceed two (2) months in the aggregate.
