Common use of Lease Commencement Date Delays Clause in Contracts

Lease Commencement Date Delays. Each Lease Commencement Date shall occur as provided in Section 3.1 of this Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary shall be extended by one (1) day for each day of “Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Project, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable Phase; or (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.

Appears in 2 contracts

Samples: Project Agreement (Dropbox, Inc.), Project Agreement (Dropbox, Inc.)

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Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 of this Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary Lease Commencement Date shall be extended by one (1) day for each day the number of days of delay of the Substantial Completion of the Improvements in the Premises to the extent caused by a “Lease Commencement Date Delay,” as that term is defined, below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the SummaryFinal Condition has occurred. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: contractors (provided that Landlord Caused Delay shall not include Landlord’s actions in connection with the construction of the Bridge Structures): (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.

Appears in 2 contracts

Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

Lease Commencement Date Delays. Each Lease The Expansion Commencement Date shall occur as provided in Section 3.1 4 of this Leasethe Amendment, provided that the six (6) month period referenced in clause (i) Expansion Commencement Date shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 “substantial completion of the Summary shall be extended Tenant Improvements,” as that term is defined below in this Section 5, in the Premises which is caused solely by one (1) day for each day of a Lease Commencement Date Delay,.but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, industry-wide labor strikes or earthquakeslockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the construction of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or willful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, a “Landlord Caused Delay” shall mean only an actual delays to the extent delay resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any the Construction Drawings pertaining to Drawings, the applicable Phase; or (ii) interference (when judged Final Space Plan and/or the Approved Working Drawing, and such failure results in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion an actual delay of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment completion of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement AllowanceImprovements.

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 2.1 of this the Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary shall be extended by one (1) day for each day of “Lease Commencement Date Delayshall be delayed by the number of days of delay of the “substantial completion of the Tenant Improvements,” but only to as that term is defined below in this Section 5, in the extent such Lease Premises which is caused solely by a “Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. Delay.” As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, industry-wide labor strikes or earthquakeslockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the construction of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or willful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, a “Landlord Caused Delay” shall mean only an actual delays to the extent delay resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any the Construction Drawings pertaining to Drawings, the applicable Phase; or (ii) interference (when judged Final Space Plan and/or the Approved Working Drawing, and such failure results in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion an actual delay of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment completion of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement AllowanceImprovements.

Appears in 2 contracts

Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 2.1 of this LeaseLease and Section 3.2 of the Summary, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary Lease Commencement Date shall be extended by one (1) day for each day the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a Lease Commencement Date Delay,” as that term is defined, below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements within the applicable Phase and Tenant’s move into its Premises to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the SummaryOctober 13,2015. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or earthquakesslow-downs or shut downs to the permitting office. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agentsincluding, employees or contractors: but not limited to (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) material and unreasonable interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of tenant improvements in the applicable Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable BuildingBuilding 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; or (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) but and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant shall have a right to suspend its design sole and construction of its Improvements if Landlord fails to reimburse Tenant all or any part exclusive possession of the Improvement Allowance when duePremises in the Delivery Condition required by the Lease by September 1, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance2015.

Appears in 2 contracts

Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 Article 2 of this Lease, provided that the six (6) month period referenced in clause (i) Lease Commencement Date shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 “substantial completion of the Summary shall be extended Tenant Improvements,” as that term ‘is defined below in this SECTION 5, in the Premises to the extent caused by one (1) day for each day of a Lease Commencement Date Delay,” but provided that a Commencement Date Delay shall only occur to the extent such Lease Commencement Date Delay causes the Substantial Completion substantial completion of the Tenant Improvements within is delayed beyond January 1, 1996. In addition, the applicable Phase to occur after Lease Expiration Date shall be automatically extended one day for each day the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the SummaryLease Conunencement Date is delayed. As used herein, the term “Lease Commencement Date DelayCOMMENCEMENT DATE DELAY” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase5.1. As used herein, the term “Force Majeure DelayFORCE MAJEURE DELAY” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, industry-wide labor strikes or earthquakeslockouts (which objectively preclude Tenant from obtaining from any reasonable source of labor or substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts, including law changes, changes in interpretation of laws or the construction rules and regulations, delays attributable to the acts of third parties not under contract with Tenant in obtaining the issuance of permits and the obtaining of inspections beyond customary time periods, which objectively preclude construction of tenant improvements in the Building by any person. As used in this Tent Work Letter, “Landlord Caused DelayLANDLORD CAUSED DELAY” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord (which acts are not expressly permitted by the terms of the Lease or Landlord’s agentsthis Tenant Work Letter) including, employees or contractors: but not limited to, (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) subject to Landlord’s reasonable construction rules and regulations and reasonable notice requirements contained therein, material interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of tenant improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents its agents and contractors to the applicable BuildingBuilding 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; or (iii) delays due to the acts or failures to act of Landlord Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance and/or any cessation of work upon the Tenant Improvements as a result thereof; and (except as otherwise allowed under this Work Letteriv) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all complete and deliver the Base Building on or any part before the date which is thirty (30) days after the full execution and delivery of this Lease. Landlord hereby agrees that, notwithstanding the occurrence of the Improvement Allowance when due Lease Commencement Date, Landlord shall not constitute a use commercially reasonable efforts to avoid any Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement AllowanceDelay.

Appears in 1 contract

Samples: Office Lease (Wh Holdings Cayman Islands LTD)

Lease Commencement Date Delays. Each The Lease Commencement Date shall ------------------------------ occur as provided in Section 3.1 Article 2 of this Lease, provided that the six (6) month period referenced in clause (i) Lease Commencement Date shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 "substantial completion of the Summary shall be extended Tenant Improvements," as that term is defined below in this Section 5, in the Premises which is caused solely by one (1) day for each day of “a "Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. ." As used herein, the term "Lease Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase5.1. As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, industry-wide labor strikes or earthquakeslockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the construction of the Tenant Improvements and which objectively preclude construction of tenant improvements by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or wilful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean only an actual delays to the extent delay resulting from the following acts or omissions of Landlord or Landlord’s agentsincluding, employees or contractors: but not limited to, (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) unreasonable and material interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of tenant improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents its agents and contractors to the applicable BuildingBuilding during normal construction hours, or the use thereof during normal construction hours; or and (iii) delays due to the acts or failures to act of Landlord Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance (except and/or any cessation of work upon the Tenant Improvements as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowanceresult thereof.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Viii Lp)

Lease Commencement Date Delays. Each The applicable Lease Commencement Date shall occur as provided in Section 3.1 of this Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary applicable Lease Commencement Date shall be extended by one (1) day for each day the number of “Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes days of delay of the Substantial Completion of the Improvements within in the applicable Phase Premises to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summaryextent caused by a "Lease Commencement Date Delay," as that term is defined, below. As used herein, the term "Lease Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Work Letter, "Landlord Caused Delay" shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s 's agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s 's Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or 738132.04/XXX000000-00001/6-26-15/alf/alf EXHIBIT X-00- 000 XXXXXXX[Dropbox, Inc.] Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 Article 2 of this Lease, provided that the six (6) month period referenced in clause (i) Lease Commencement Date shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 “substantial completion of the Summary shall be extended Tenant Improvements,” as that term is defined below in this Section 5, in the Premises which is caused solely by one (1) day for each day of a “Lease Commencement Date Delay,” but only ”, provided further that, notwithstanding anything in this Section 5 to the extent such contrary, in no event shall the Lease Commencement Date Delay causes be extended pursuant to the Substantial Completion terms of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of this Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary5 beyond December 31, 2005. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delivery Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, industry-wide labor strikes or earthquakeslockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or substitute materials at a reasonable cost necessary for completing the Tenant Improvements), and delays (beyond eight (8) weeks following the date of Tenant’s submission of Landlord approved plans) for Tenant to obtain permits for the Tenant Improvements (except to the extent any such delay results from or is related to (i) the Tenant Improvements including improvements which are not typical and customary general office tenant improvements, (ii) Tenant’s failure to respond to governmental requests and/or requirements on a commercially reasonable basis (including, without limitation, with respect to timing of resubmissions), and (iii) Tenant’s failure to cause Xxxxxx’s plans or the improvements contained therein to comply with Applicable Laws). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or wilful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, “Landlord Caused Delivery Delay” shall mean only an actual delays to the extent delay resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable Phase; or (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that LandlordXxxxxxxx’s failure to reimburse promptly deliver the Premises to Tenant all or any part following Xxxxxx’s request following the full execution and unconditional delivery of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowancethis Lease.

Appears in 1 contract

Samples: Office Lease (Childrens Place Retail Stores Inc)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 2.1 of this LeaseLease and Section 3.2 of the Summary, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary Lease Commencement Date shall be extended by one (1) day for each day the number of “Lease days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant's move into the Premises to the extent caused by a "Commencement Date Delay," as that term is defined, below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements within the applicable Phase and Tenant’s move into its Premises to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the SummaryOctober 13, 2015. As used herein, the term “Lease "Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Tenant Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or earthquakesslow-downs or shut downs to the permitting office. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agentsincluding, employees or contractors: but not limited to (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) material and unreasonable interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of tenant improvements in the applicable Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s 's Agents to the applicable BuildingBuilding 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; or (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) but and/or cessation of work as a result thereof; EXHIBIT B-9- TWO CIRCLE STAR WAY(Single-Tenant shall have a right Lease Form)[Rovi Corporation] or (iv) failure to suspend its design deliver to Tenant sole and construction of its Improvements if Landlord fails to reimburse Tenant all or any part exclusive possession of the Improvement Allowance when duePremises in the Delivery Condition required by the Lease by September 1, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance2015.

Appears in 1 contract

Samples: Rovi Corp

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 2.1.1 of this Lease and each Tranche Rent Commencement Date shall occur as set forth in Section 2.1.1 of the Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, Lease Commencement Date and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary any Tranche Rent Commencement Date shall be extended by one (1) day for each day the number of days of delay of the Substantial Completion of the Tenant Improvements in the subject Tranche and/or Tenant’s move into the subject Tranche when desired by Tenant to the extent caused by a Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summaryas that term is defined below. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuildings, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, strikes, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes, failure of utilities, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and governmental inspections beyond the time period that would normally be required to secure such permits and inspections on an objective basis by any other person or entity constructing improvements comparable to the Tenant Improvements. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agentsParties, employees or contractors: including without limitation, the (i) except to the extent Landlord’s approval under this Tenant Work Letter is deemed granted pursuant to the terms of this Tenant Work Letter, failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable Phaseor Change Orders or any other items within time periods set forth in this Tenant Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time; or (ii) material and unreasonable interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of general office use tenant improvements in the applicable Building by Buildings or any personportion thereof, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Buildings or any Building; ’s facilities (including loading docks and freight elevators) or service and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours, (iii) delays due to any delay in the acts or failures to act of Landlord or Landlord Parties with respect to payment funding of the Tenant Improvement Allowance by Landlord, (except iv) a material breach by Landlord of a provision of this Tenant Work Letter or as otherwise allowed under specifically provided in Section 6.8 or 6.11 of this Tenant Work LetterLetter (v) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all maintain a temporary or any part permanent certificate of occupancy for the Improvement Allowance when due shall not constitute a Building by the date of execution of this Lease, and (vi) the failure of Landlord Caused Delay if Tenant elects to exercise its offset right set forth deliver the Base Building in Section 2.4 above with respect to such portion of substantially the Improvement Allowance.condition required. WATER’S EDGE EXHIBIT D [Electronic Arts]

Appears in 1 contract

Samples: Office Lease (Electronic Arts Inc)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 Article 2 of this Lease, provided that the six (6) month period referenced in clause (i) Lease Commencement Date shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 "substantial completion of the Summary shall be extended Tenant Improvements," as that term is defined below in this Section 5, in the Premises which is caused solely by one (1) day for each day of “a "Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. ." As used herein, the term "Lease Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Tenant Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term “Force Majeure Delay” "FORCE MAJEURE DELAY" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Tenant Work Letter, “Landlord Caused Delay” "LANDLORD CAUSED DELAY" shall mean actual delays in Tenant's construction of the Tenant Improvements resulting from (i) any breach of the Lease by Landlord (including, without limitation, failure to timely fund an installment of the Tenant Improvement Allowance); (ii) material interference with Tenant's construction of the Tenant Improvements to the extent resulting from Landlord's failure to substantially complete items 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.8, 1.2.10, and/or 1.2.11 of Landlord's Work on or before August 15, 1998; (iii) Landlord's failure to grant Tenant reasonable access to the following acts Premises, parking areas, and loading and hoisting facilities, (iv) Landlord's failure to deliver Landlord's Work in compliance with in compliance with the terms of this Lease, (v) material and unreasonable interference by Landlord in Tenant's completion of the Tenant Improvements (provided that Landlord's disapproval on any item requiring Landlord's consent subject to and in accordance with the terms of this Tenant Work Letter shall not be a Lease Commencement Date Delay), (vi) delays in granting or omissions denying Landlord's approval beyond the applicable period of Landlord or Landlord’s agentstime set forth in this Tenant Work Letter, employees or contractors: and (ivii) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable Phase; or provide one (ii1) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay elevator for Tenant's use during the construction the Tenant Improvements, the delivery of improvements in Tenant's furniture, and Tenant's move into the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement AllowancePremises.

Appears in 1 contract

Samples: Office Lease (Equity Marketing Inc)

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Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 Article 2 of this Lease and the commencement of the payment of Base Rent shall occur as set forth in the Lease, provided that the six (6) month period referenced in clause (i) applicable Construction Period shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 "substantial completion of the Summary shall be extended Tenant Improvements," as that term is defined below in this Section 5, in the portion of the Premises to which such Construction Period relates which is caused solely by one (1) day for each day of “a "Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. ." As used herein, the term "Lease Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Tenant Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean actual delays in Tenant's construction of the Tenant Improvements resulting from (i) any breach of the Lease by Landlord (including, without limitation, failure to timely fund an installment of the Tenant Improvement Allowance); (ii) Landlord's failure to grant Tenant reasonable access to the Premises, parking areas, and loading facilities, (iii) delays in granting or denying Landlord's approval beyond the applicable period of time set forth in this Tenant Work Letter, (iv) material interference with Tenant's construction of the Tenant Improvements to the extent resulting from Landlord's failure to deliver the following acts or omissions Base Building portions of the Premises in the condition set forth in Section 1 of this Tenant Work Letter; (v) material and unreasonable interference by Landlord or in Tenant's completion of the Tenant Improvements (provided that Landlord’s agents's disapproval on any item requiring Landlord's consent subject to and in accordance with the terms of this Tenant Work Letter shall not be a Lease Commencement Date Delay), employees or contractors: and (ivi) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable Phase; or provide one (ii1) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay elevator for Tenant's use during the construction the Tenant Improvements, the delivery of improvements in Tenant's furniture, and Tenant's move into the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.Premises. EXHIBIT B -9- 61

Appears in 1 contract

Samples: Office Lease (Artistdirect Inc)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur and/or Must Take Commencement Date, as provided in Section 3.1 of this Leaseapplicable, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary shall be extended by one (1) day for each day Tenant’s substantial completion of the Tenant Improvements in the initial Premises or the Must Take Space, as applicable (excluding Lease Commencement Date DelayTenant’s Lobby Work,” but only as that term is defined in Section 2.4, below) is actually delayed due to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. As used herein, the term “Lease Commencement Date Delay” shall mean only a “Force Majeure Landlord Delay” or a Landlord Caused Tenant Force Majeure Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phasebelow. As used herein, the term . Tenant Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Project, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemyGod, sabotagecasualties, natural disasters, strikes, war, terrorist actsattacks, invasionlockouts, insurrection, rebellion, labor disputes or civil unrest, riots, or earthquakescommotion. As used in this Work Letterherein, “Landlord Caused Delay” shall mean an actual delays to delay in the extent performance of the Tenant Improvements (excluding Tenant’s Lobby Work) resulting from the following unreasonable acts or omissions of Landlord or Landlord’s agentsincluding, employees or contractors: but not limited to (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining construction documents as required pursuant to the applicable Phasethis Tenant Work Letter; or (ii) unreasonable and material interference (when judged in accordance with industry custom and practice) by Landlord, its employees, agents or Landlord Parties (except as otherwise allowed under this Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements within (including the applicable Phase and which objectively preclude impairment of Tenant’s contractors’ or delay vendors’ or employees’ access to the Premises or the Must Take Space, failure to provide reasonable access to the Property’s loading docks or other facilities necessary for the construction of improvements in the applicable Building by any personTenant Improvements and/or the movement of materials and personnel to the Premises or the Must Take Space for such purpose), which interference relates whether such failure is due to access by Tenantthe competing needs of other tenants, or Tenant’s Agents Landlord, or otherwise; provided that it shall not be deemed unreasonable and material interference to the applicable Buildingextent the allocation of such resources is equitable amongst the tenants needing to use such resources; or and (iii) delays due to the acts or failures to act of Landlord Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Work Letter) but Allowance. If Tenant contends that a Tenant Force Majeure Delay or a Landlord Delay has occurred, Tenant shall have a right to suspend its design and construction of its Improvements if notify Landlord fails to reimburse Tenant all or any part in writing (the “Delay Notice”) of the Improvement Allowance when dueevent which constitutes such Tenant Force Majeure Delay or Landlord Delay, provided that as applicable; such notice may, for the purposes of this Section 1.3., EXHIBIT B -2- 000 XXXXXXXX XXXXXX [Airbnb, Inc.] be via electronic mail to Landlord’s failure to reimburse construction representative described in Section 5.2 below. If the actions or inactions or circumstances described in the Delay Notice qualify as a Tenant all Force Majeure Delay or any part a Landlord Delay, as applicable, and are not cured by Landlord within one (1) business day after Landlord’s receipt of the Improvement Allowance when due Delay Notice, then a Tenant Force Majeure Delay or Landlord Delay, as applicable, shall not constitute a Landlord Caused Delay if Tenant elects be deemed to exercise its offset right set forth in Section 2.4 above with respect to such portion have occurred commencing as of the Improvement Allowanceexpiration of the one (1) business day period.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 2.1 of this Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary Lease Commencement Date shall be extended by one (1) day for each day the number of days of delay of the Substantial Completion of the Tenant Improvements to the extent caused by a Lease Commencement Date Delay,” , as that term is defined below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the SummaryJanuary 1, 2019. As used herein, the term "Lease EXHIBIT B -6- Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Project, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Work Letter, “Landlord Caused Delay” " shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s 's Agents to the applicable Building; or (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) ), but Tenant shall have a right to suspend its design and construction of its Tenant Improvements if Landlord fails to reimburse Tenant all or any part of the Tenant Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.

Appears in 1 contract

Samples: Office Lease (8x8 Inc /De/)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 2.1 of this the Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary Lease Commencement Date shall be extended by one the number of days of delay of the Substantial Completion of the Tenant Improvements (1as defined below) day for each day of “to the extent caused by a "Lease Commencement Date Delay," as that term is defined below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements within the applicable Phase to occur after the applicable date referenced in clause which is the later of (iia) of Section 3.2.1 of the Summary Lease Commencement Date and clause (ii)(bb) of Sections 3.2.2 and 3.2.3 of seven (7) months following the SummaryDelivery Date. As used herein, the term "Lease Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from industry-wide strikes, fire, wind, damage or destruction to the Buildings or ProjectBuilding, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes, or earthquakesactual, industry-wide delay affecting all similar works of construction in the vicinity of the Building, including by reason of regulation or order of any governmental agency. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean actual delays in achieving the Substantial Completion of the Tenant Improvements to the extent resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining the Final Space Plan, Final Working Drawings, Tenant Improvement Changes, TI Contractor or Tenant's other Agents or to otherwise timely act in accordance with the applicable Phasedeadlines set forth in this Tenant Work Letter; or (ii) interference unreasonable (when judged in accordance with industry custom and practice) interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under by this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable BuildingTenant Improvements; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant EXHIBIT B-16- ONE TEHAMA[Social Finance, Inc.] Improvement Allowance (except as otherwise allowed under this Tenant Work Letter), but the same shall only constitute a delay until Tenant is entitled to offset the Tenant Improvement Allowance pursuant to Section 2.5 above; (iv) but Tenant shall have a right the failure of Landlord Work to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all be constructed in accordance with Applicable Laws or any part defects or deficiencies in the Landlord Work; (v) any deficiency in the path of travel drawings provided by Landlord that delays the Improvement Allowance when dueissuance of any Permit; (vi) any other act or omission of Landlord, provided that its contractors, subcontractors, agents or any Landlord Party; or (vii) Landlord’s 's failure to reimburse Tenant all cause (or any part of be deemed to have caused) the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects Delivery Date to exercise its offset right set forth in Section 2.4 above with respect occur seven (7) months prior to such portion of the Improvement AllowanceLease Commencement Date.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

Lease Commencement Date Delays. Each The Lease Commencement Date for -------------------------------- the Initial Premises shall occur as provided in Section 3.1 of this Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 SECTION 5.2 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary ----------- provided that it shall be extended delayed by one (1) day for each day of delay of the "substantial completion of the Tenant Improvements," as that term is defined below in SECTION 5.3, to the extent caused by a "Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. ." ----------- As used herein, the term “Lease Commencement Date Delay” "LEASE COMMENCEMENT DATE DELAY" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable PhaseSECTION 5.1. As used herein, the term “Force Majeure Delay” "FORCE MAJEURE DELAY" shall ----------- mean only an actual delay in the substantial completion of the Tenant Improvements to the extent resulting from strikes"Force Majeure" (as defined in SECTION ------- 19.24 of the Lease). Notwithstanding the foregoing, fire, wind, damage or destruction a Force Majeure Delay shall ----- not include governmental acts which specifically relate to the Buildings or Project, explosion, casualty, flood, hurricane, tornado, construction of the elements, acts Tenant Improvements and which would not objectively delay construction of God or other general office improvements in the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakesProject by any person. As used in this Tenant Work Letter, “Landlord Caused Delay” "LANDLORD CAUSED DELAY" shall mean mean, notwithstanding anything to the contrary set forth in this Tenant Work Letter, only those actual delays in the substantial completion of the Tenant Improvements to the extent resulting from the following acts or omissions of Landlord or Landlord’s agentsLandlord Parties including, employees or contractorsbut not limited to: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) material interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the precludes construction of improvements Tenant Improvements in the applicable Building Project by any person, which interference relates to access to, or use of, by Tenant, its agents and contractors, the Building, Building facilities (including loading docks and freight elevators) or Tenant’s Agents to the applicable Buildingservices (including temporary power and parking areas as provided herein) and Project Common Areas during normal construction hours; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance and/or any cessation of work upon the Tenant Improvements as a result thereof; (iv) the failure to remediate Hazardous Materials discovered in the Building or the Project which are in violation of current laws, and which were not introduced into the Project by Tenant or its EXHIBIT C - Page 14 TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] agents; (v) the failure of the Base, Shell and Core to comply with Code on an unoccupied basis; (vi) delays in designing and constructing the Tenant Improvements due to material inaccuracies in the Base Building Plans provided to Tenant by Landlord (except to the extent such delays would have been avoided had Tenant reasonably verified such Base Building Plans as otherwise allowed required pursuant to this Tenant Work Letter); (vii) delay in obtaining a Temporary Certificate of Occupancy (or its equivalent) for the Building on an unoccupied basis by the appropriate governmental authorities; (viii) failure to provide Tenant with access to the Premises for purposes of installing the Tenant Improvements and Tenant's other fixtures, furnishings and equipment, after Tenant has received applicable building permits and other governmental approvals; (ix) failure to cause a particular floor of the Premises to be delivered to Tenant Ready for Construction on or before the Delivery Date for such floor as set forth in SECTION 2.1 of the Lease (provided that the aggregate amount of Landlord Caused ---------- Delay calculated under this Work Letteritem (ix) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute exceed the largest amount of delay in failing to meet any particular Delivery Date); and (x) any other causes which are defined as a Landlord Caused Delay if elsewhere in this Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement AllowanceWork Letter.

Appears in 1 contract

Samples: Lease Agreement (21st Century Insurance Group)

Lease Commencement Date Delays. Each The Lease Commencement Date shall occur as provided in Section 3.1 Article 2 of this Lease, provided that the six (6) month period referenced in clause (i) Lease Commencement Date shall be delayed by the number of Section 3.2.1 days of delay of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 "substantial completion of the Summary shall be extended Tenant Improvements," as that term is defined below in this Section 5, in the Premises which is caused solely by one (1) day for each day of “a "Lease Commencement Date Delay,” but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. ." As used herein, the term "Lease Commencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Caused Delay," as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable Phase5.1. As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, industry-wide labor strikes or earthquakeslockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the construction of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or wilful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean only an actual delays to the extent delay resulting from the following acts or omissions of Landlord or Landlord’s agentsincluding, employees or contractors: but not limited to, (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) unreasonable and material interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements within the applicable Phase and which would objectively preclude or delay the construction of tenant improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or and (iii) delays due to the acts or failures to act of Landlord Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance and/or any cessation of work upon the Tenant Improvements as a result thereof; and (except as otherwise allowed under this Work Letteriv) but Landlord's failure to deliver the Base Building to Tenant shall have a right prior to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when dueJanuary 2, 1997, provided that Landlord’s failure to reimburse Tenant all or any part acknowledges that as of such date Landlord will not yet have completed the Base Building Work, and that such delivery of the Improvement Allowance when due Base Building without the Base Building Work being completed shall not constitute be a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.Delay. 5.2

Appears in 1 contract

Samples: Office Lease (Activision Inc /Ny)

Lease Commencement Date Delays. Each The applicable Lease Commencement Date shall occur as provided in Section 3.1 3.2 of this Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2.1 of the Summary, and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Summary applicable Lease Commencement Date shall be extended by one (1) day for each day the number of days of delay of the Substantial Completion of the Improvements in the applicable Premises to the extent caused by a Lease Commencement Date Delay,” , as that term is defined below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Improvements within the applicable Phase to occur after July 1, 2015, with respect to the applicable date referenced in clause (ii) of Section 3.2.1 of Building A Premises and after January 1, 2017, with respect to the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the SummaryBuilding B Premises. As used herein, the term “Lease Commencement Date Delay” shall mean only a Force Majeure Delay” Delay or a Landlord Caused Delay,” , as those terms are defined below in this Section 5.1 of this Work Letter which relates to the construction of Improvements within the applicable PhaseLetter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildings or Projectapplicable Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings pertaining to the applicable PhaseDrawings; or (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements within the applicable Phase and which objectively preclude or delay the construction of improvements in the applicable Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the applicable Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due, provided that Landlord’s failure to reimburse Tenant all or any part of the Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Improvement Allowance.

Appears in 1 contract

Samples: Office Lease (Box Inc)

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