Landlord Delays. The one hundred thirty-five (135) day period specified in the definition of the Commencement Date shall be extended one (1) day for each day that Tenant is delayed in completing the Improvements in any portion of the Premises as a result of “Landlord Delay.” In addition, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day for each day of Landlord Delay (which abatement shall apply after expiration of the abatement period described in Section 3(a) of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements which is caused by (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion of the Improvements. Landlord’s failure to timely make the entire Premises available to Tenant shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. 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 or its agents or employees is about to occur or has occurred which will cause a delay in the completion of the Improvements and Landlord has failed to cure such delay within two (2) business days after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delay.
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Samples: Office Lease, Assignment of Sublease Agreement (Coinstar Inc)
Landlord Delays. The one hundred thirty-five Landlord’s (135a) day failure to comply with any time requirements expressly set forth in this Work Agreement for Landlord’s performance of its responsibilities or (b) where no time period is specified in this Work Agreement, failure to perform its responsibilities under this Work Agreement within a reasonable period, as set forth in Tenant’s notice, after notice from Tenant are referred to collectively herein as “Landlord Delays”. Tenant will promptly notify Landlord in writing of any event which Tenant contends constitutes a Landlord Delay and in any event will use commercially reasonable efforts to mitigate its damages and/or construction delays in the definition event of an alleged Landlord Delay. Notwithstanding the foregoing, if and to the extent that the completion of the Commencement Date shall be extended Tenant Improvements is delayed beyond the scheduled completion date therefore by Landlord Delay, Tenant will receive one (1) day days’ additional abatement of Base Rent for each day beyond the scheduled completion date that completion of the Tenant Improvements is delayed due to Landlord Delay (provided, that if and to the extent that Landlord satisfied any timing requirement set forth in completing this Work Agreement by acting or responding, as the Improvements in any portion of the Premises as a result of “Landlord Delay.” In additioncase may be, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day or more days’ prior to the scheduled date set forth herein for each day of such action or response and as a result achieved a reduction in Tenant’s construction schedule (each, a “Schedule Saving Day”), then any aggregate Landlord Delay (which abatement shall apply after expiration of the abatement period described in Section 3(a) of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements which is caused by clause (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) above shall first be offset against and reduced on a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused day-for-day basis by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion of the Improvements. Landlord’s failure to timely make the entire Premises available to Tenant shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. 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 or its agents or employees is about to occur or has occurred which will cause a delay in the completion of the Improvements and Landlord has failed to cure such delay within two (2) business days after Landlord’s receipt of such notice, in which case the aggregate number of days of delay after such notice shall be a Landlord Delay.Schedule Saving Days). EXHIBIT “C” [INTENTIONALLY OMITTED] EXHIBIT “D” RULES AND REGULATIONS
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Landlord Delays. The one hundred thirty-five Landlord’s (135a) day failure to comply with any time requirements expressly set forth in this Work Agreement for Landlord’s performance of its responsibilities, or (b) where no time period is specified in this Work Agreement, failure to perform its responsibilities under this Work Agreement within a reasonable period after notice from Tenant are referred to collectively herein as “Landlord Delays”. Tenant will promptly notify Landlord in writing of any event which Tenant contends constitutes a Landlord Delay and in any event will use commercially reasonable efforts to mitigate its damages and/or construction delays in the definition event of an alleged Landlord Delay. Notwithstanding the foregoing, (x) if and to the extent the Tenant incurs increased costs of design or construction of the Commencement Date shall Tenant Improvements as a direct result of any Landlord Delay, Landlord will be extended responsible for such increased costs (the parties agree that in the event Landlord, in good faith, disputes either that a Landlord Delay occurred or that a Landlord Delay resulted in such increased costs, the parties agreeing that in the event of any such dispute they will promptly meet and confer in a good faith effort to reach agreement on the disputed item(s)) and (y) if and to the extent that the completion of the Tenant Improvements on any floor comprising the Premises is delayed beyond the scheduled completion date therefore by Landlord Delay, Tenant will receive one (1) day days’ additional abatement of Base Rent payable for such floor for each day beyond the Scheduled Completion Date that Tenant completion of the work is delayed due to Landlord Delay (provided, that for the purposes of this clause (y), if and to the extent that Landlord satisfied any timing requirement set forth in completing this Work Agreement by acting or responding, as the Improvements in any portion of the Premises as a result of “Landlord Delay.” In additioncase may be, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day or more days’ prior to the scheduled date set forth herein for each day of such action or response and as a result the parties agree such condition achieved a reduction in Tenant’s construction schedule (each, a “Schedule Saving Day”), then any aggregate Landlord Delay (which abatement shall apply after expiration of the abatement period described in Section 3(a) of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements which is caused by clause (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) above shall first be offset against and reduced on a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused day-for-day basis by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion of the Improvements. Landlord’s failure to timely make the entire Premises available to Tenant shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. 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 or its agents or employees is about to occur or has occurred which will cause a delay in the completion of the Improvements and Landlord has failed to cure such delay within two (2) business days after Landlord’s receipt of such notice, in which case the aggregate number of days of delay after such notice shall be a Landlord Delay.Schedule Saving Days). XXXXXXX X-0 One Maritime Plaza Base Building Description Abated Space
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Landlord Delays. The one hundred thirty-five (135) day period specified Lease Commencement Date shall occur as provided in the definition Section 2 of the Lease, unless the "substantial completion of the Tenant Improvements," as that term is defined hereinbelow, are delayed beyond the Lease Commencement Date because of a "Landlord Delay." In the event a Landlord Delay occurs and such delay actually delays the substantial completion of the Tenant Improvements beyond September 1, 1999, then the Lease Commencement Date shall be extended delayed one (1) day for every day of Landlord Delay. As used herein, "Landlord Delay" shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to, (a) failure of Landlord to approve or disapprove any Construction Drawings or other items within the time periods provided in this Tenant Work Letter; (b) material interference by Landlord, its agents or contractors with the completion of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person, which interference relates to 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 normal construction hours, or the use thereof during normal construction hours; and (c) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvements. As used in this Section 5.5, "substantial completion of the Tenant Improvements" shall mean completion of construction of the Tenant Improvements in the Premises pursuant to the Construction Drawings with the exception of minor details of construction installation, decoration, or mechanical adjustments and punchlist items as certified to by the Tenant's project manager and/or the architect who prepared the Construction Drawings. In the event that an event occurs after the Lease Commencement Date but prior to the substantial completion of the Tenant Improvements, which would otherwise have constituted a Landlord Delay had it occurred prior to the Lease Commencement Date, the Lease Commencement Date shall be retroactively delayed one (1) day for each such day that Tenant is delayed in completing the Improvements in any portion of the Premises as a result of “actual Landlord Delay.” In addition, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day for each day of . If Tenant contends that a Landlord Delay has occurred, Tenant shall notify Landlord in writing (which abatement shall apply after expiration of the abatement period described in Section 3(a"Delay Notice") of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements which such event and if such event is caused by (a) the failure of Landlord determined to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion of the Improvements. Landlord’s failure to timely make the entire Premises available to Tenant shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. No the Landlord Delay shall be deemed to have occurred unless commencing as of the date of Landlord's receipt of the Delay Notice, except that Tenant has given Landlord written notice that an act or omission shall not be required to provide a Delay Notice based on the part failure of Landlord to approve or its agents or employees is about to occur or has occurred which will cause a delay in disapprove the completion of Construction Drawings within the Improvements and Landlord has failed to cure such delay within two (2) business days after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delayrequired applicable time period.
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Samples: Lease (E Greetings Network)
Landlord Delays. The one hundred thirty-five (135) day period specified in the definition of the Commencement Date shall be extended one (1) day for each day that Tenant is delayed in completing the Improvements in any portion of the Premises as a result of A “Landlord Delay.” In additionmeans the length of any actual delay in the permitting, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day for each day of Landlord Delay (which abatement shall apply after expiration construction or completion of the abatement period described Tenant Improvements or equipment to be installed by Tenant which actually and directly delays Substantial Completion of the Tenant Improvements beyond the date set forth in Section 3(aParagraph 2.4(c) of the Lease (i.e., commencing with the first (1 stas such date may be extended pursuant to Paragraph 2.4(c) day of fourth (4th) full calendar month of the TermLease)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements , which (a) is not caused by Force Majeure, and (b) is caused by (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused by the act or omission of Tenant, its agents, employees or contractors) and/or (ei) Landlord’s failure changes (other than TRCs) to meet dates specified the Final Base Building Plans as approved by the City of Santa Xxxxx (provided such changes, other than City-required changes, shall require Tenant’s approval, which shall not be unreasonably withheld); (ii) any other interference with Tenant’s Substantial Completion of the Tenant Improvements or placement of furniture, fixtures or equipment in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion of the Improvements. Landlord’s failure to timely make the entire Leased Premises available to Tenant shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. No Landlord Delay shall be deemed to have occurred unless Tenant has given Landlord written notice that an act caused by acts or omission on the part omissions of Landlord or its agents or employees contractors; provided, however, that this clause (ii) shall be applicable only if Devcon is about to occur the Tenant Improvement Contractor, and provided further that Tenant may not claim a Landlord Delay based upon Devcon’s or has occurred which will cause a delay in the its subcontractors’ performance and completion of the Improvements and Landlord has failed to cure such delay within two (2) business days after Landlord’s receipt Work. For the purposes of such noticethis Paragraph 6 only, in the term “Substantial Completion” means that the Tenant Improvements have been substantially completed pursuant to the details of the 2/ See footnote no. 1 Exhibit D Building D Final Tenant Improvement Plans but for punch list items which case don’t materially and adversely affect Tenant’s use of the number Leased Premises and a temporary certificate of days occupancy for the Leased Premises has been issued by the City of delay after such notice shall be a Landlord DelaySanta Xxxxx.
Appears in 1 contract
Samples: Lease (Aruba Networks, Inc.)
Landlord Delays. The one hundred thirty-five parties anticipate that Landlord’s Work will be Substantially Complete on or before September 1, 2018, subject to extension for any Tenant Delays (135the “Anticipated Completion Date”). If, however, Landlord does not Substantially Complete Landlord’s Work by the date (the “Deadline Completion Date”) day period specified which is ninety (90) days after the Anticipated Completion Date for any reason other than a Tenant Delay, this Lease shall continue in the definition of the Commencement Date full force and effect, and Landlord shall be extended one (1) day have no liability to Tenant by reason thereof; provided that for each day (if any) after the Deadline Completion Date (which Deadline Completion Date is subject to extension for Tenant Delays, if any) that Tenant is delayed Tenant’s opening for business in completing the Improvements in any portion of the Premises is postponed beyond Tenant’s anticipated opening date of February 1, 2019 as a result of “Landlord Delay.” In addition, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day for each day of Landlord Delay (which abatement shall apply after expiration of the abatement period described in Section 3(a) of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements which is caused by (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Substantially Complete Landlord’s Work referred on or before the Deadline Completion Date, Tenant shall be entitled to in Section 1 one day of this Tenant Work Letterrent abatement, where as its sole remedy for such failure delay. Notwithstanding the foregoing to meet such dates causes an actual delay in completion of the Improvements. contrary, the parties acknowledge that obtaining permits after April 5, 2018, and having the applicable authorities determining that the 2009 IECC is applicable to Landlord’s failure to timely make the entire Premises available to Tenant shall not constitute a Landlord DelayWork and Tenant’s Work, as such circumstance is addressed in Section 4.5 above. No Landlord Delay shall be deemed Tenant Delays. Further, if issuance of the permit required to have occurred unless Tenant has given Landlord written notice that an act perform Tenant’s Work is delayed solely as a result of incomplete or omission on the part of Landlord or its agents or employees is about to occur or has occurred which will cause a incorrect Landlord’s Work, and if such delay in the issuance of such permit delays Tenant’s substantial completion of the Improvements and Landlord has failed to cure such delay within two Tenant’s Work for more than ninety (290) business days after Landlord’s receipt Tenant notifies Landlord of such noticepermit delay, this Lease shall continue in which case full force and effect, but for each day (if any) after such 90-day period (subject to extension beyond 90 days by the number of days of delay after such notice Tenant Delays, if any) that Tenant’s opening for business in the Premises is postponed beyond Tenant’s anticipated opening date of February 1,2019, Tenant shall be a Landlord Delayentitled to one day of rent abatement, as its sole remedy for such delay. With respect to the Base Rent accruing for any given day, the foregoing abatement remedies in this subsection 5(f) shall be mutually exclusive and not cumulative.
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Landlord Delays. The one hundred thirty-five (135) day period specified In the event that there are any actual delays in the definition completion of the Commencement Date Improvements caused by Landlord or the Landlord Parties, then after (A) written notice to Landlord setting forth with reasonable detail the existence and nature of such delay, and (B) the expiration of a two (2) business day cure period following Landlord’s receipt of such notice without the remedy thereof, any such delay shall thereafter be extended one (1) day for each day that Tenant is delayed in completing the Improvements in any portion of the Premises as deemed a result of “Landlord Delay.” In addition, Tenantif Landlord fails to approve any matter during the time periods expressly specified in this Work Letter Agreement therefore, such failure shall immediately (following the outside date for Landlord’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1response) day for each day of constitute a Landlord Delay (which abatement shall apply after expiration of to the abatement period described in Section 3(a) of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an extent actual delay delays in the completion of the Improvements which is caused by (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letterultimately result therefrom). In addition, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and that Landlord does not caused by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion deliver possession of the Improvements. Landlord’s failure to timely make the entire Additional Premises available to Tenant in accordance with all of the terms and conditions of the Lease and this Work Letter on or before May 1, 2010, then for each day occurring thereafter until the actual date of delivery of possession, the same shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. 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 or its agents or employees is about to occur or has occurred which will cause a delay extent actual delays in the completion of the Improvements ultimately result therefrom). Any actual Landlord Delays under this Section 5.5 may result in an extension of the Lease Commencement Date as to the Additional Premises, as defined in Section 3.2 of the Summary (and Landlord has failed a corresponding extension of all rental phase-in and abatement set forth in Sections 3.2 and 3.3 of the Lease), by extending the Lease Commencement Date as to cure such delay within two (2) business days after Landlord’s receipt the Additional Premises of such noticeAugust 1, in which case the 2010, by an equivalent number of days as such Landlord Delays (and a corresponding extension of delay after such notice all rental phase-in and abatement set forth in Sections 3.2 and 3.3 of the Lease). Notwithstanding anything contained in this Section 5.5, in no event shall Tenant be obligated to employ extraordinary efforts or incur extraordinary expenses (e.g., overtime), to overcome any Landlord Delays. XXXXXXX X XXXXXX XXXXXX DEL MAR NOTICE OF LEASE TERM DATES To: Re: Office Lease dated , 200 between , a Landlord Delay.(“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , , California. Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows:
Appears in 1 contract
Samples: Office Lease (Volcano Corp)
