Lessee Delays. For purposes of this Second Amendment, "LESSEE DELAYS" means any delay in the completion of the Improvements resulting from any act or failure to act by Lessee or Lessee's employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Lessee. For each day that the Substantial Completion of the Improvements is delayed due to a Lessee Delay, Lessee shall pay to Lessor Six Hundred Eighty Eight Dollars ($688).
Lessee Delays. In no event shall the Commencement Date of the Lease be extended or delayed due or attributable to delays due to the fault of Lessee ("Lessee Delays"). Lessee Delays shall include, but are not limited to, delays caused by or resulting from any one or more of the following:
(i) Lessee's failure to timely review and reasonably approve the Working Drawings or to furnish information to Lessor for the preparation by Lessor of the Working Drawings;
(ii) Lessee's request for or use of special materials, finishes or installations which are not readily available, provided that Lessor shall notify Lessee in writing that the particular material, finish, or installation is not readily available promptly upon Lessor's discovery of same;
(iii) Change orders requested by Lessee;
(iv) Interference by Lessee or by Lessee's Agents with Lessor's construction activities;
(v) Lessee's failure to approve any other item or perform any other obligation in accordance with and by the dates specified herein or in the Construction Contract;
(vi) Lessee's requested changes in the Preliminary Plans, Working Drawings or any other plans and specifications after the approval thereof by Lessee or submission thereof by Lessee to Lessor;
(vii) Lessee's failure to approve written estimates of costs in accordance with this Paragraph 56;
(viii) Lessee's failure to timely pay an invoice; and /s/ MA --
(ix) Lessee's obtaining or failure to obtain any necessary governmental approvals or permits for Lessee's intended use of the Premises. If the Commencement Date of the Lease is delayed by any Lessee Delays, whether or not within the control of Lessee, then the Commencement Date of the Lease and the payment of Base Rent shall be accelerated by the number of days of such delay. Lessor shall give Lessee written notice within a reasonable time of any circumstance that Lessor believes constitutes a Lessee Delay.
Lessee Delays. In no event shall the substantial completion dates of this Sublease be extended due to a delay or fault of Lessee. Delays "due to the fault of Lessee" shall include, without limitation, delays caused by:
(i) Lessee's failure to timely prepare the preliminary plans or review preliminary plans, or to timely approve the working plans or the estimated costs, or to furnish information and cooperation to Lessor for the preparation by the Lessor and approval by governmental agencies of the final plans;
(ii) Lessee's request for or use of special materials, finishes or installations which are different than specified on Lessee approved drawings and specifications;
(iii) Lessee's failure to timely deposit with Lessor any funds required for any excess costs or costs in excess of the allowance for the completion of the tenant improvements;
(iv) Change orders requested by Lessee which actually result in a delay; or
(v) Interference with Lessor's construction activities caused by Lessee or Lessee's agents, employees, servants or independent contractors.
(vi) Lessee's failure to surrender appropriate areas for construction so Lessor can diligently complete said improvements without undue delays. Lessor shall give Lessee written notice of any delays due to the fault of Lessee hereunder promptly (within five (5) business days) after Lessor obtains knowledge of any such delays.
Lessee Delays. If Lessor is delayed in substantially completing any work to be performed by Lessor under this Paragraph 55 as a result of any of the following circumstances or events ("Lessee Delays"), the Commencement Date shall not be deferred by reason of such delay:
(a) Lessee's failure to furnish the space plan by August 11, 1997;
(b) Lessee's failure to respond within one business day to any request of Lessor for additional information or approval as necessary in connection with the completion of the Total Lessee Improvements;
(c) Lessee's failure to furnish interior construction drawings by September 17, 1997;
(d) Lessee's request for any special, long-lead materials or installations as part of the Lessee Improvements or Additional Lessee Improvements; provided, however, that Lessor notifies Lessee of any such materials or installation within 10 days after receiving bids from the general contractor;
(e) Lessee's changes in any drawings, plans, or specifications to the Approved Plans, including without limitation the time consumed at revising plans or in revising the Approved Plans by reason of Lessee's changes;
(f) Any changes initiated by Lessee by reason of Lessee's disapproval of cost proposals or resulting in the preparation of revised cost proposals;
(g) Field changes to the construction work by Lessee;
(h) The delivery, installation, or completion of any Lessee-finish work performed by Lessee's employees or agents;
(i) The performance of any work done by Lessee, or any failure to complete or delay in completion of such work; or
(j) Any other act or omission of Lessee.
Lessee Delays. For purposes of this Work Letter Agreement, "Lessee Delays" shall mean any delay in the completion of the Lessee Improvements resulting from any or all of the following: (a) Lessee’s failure to timely perform any of its obligations pursuant to this Work Letter Agreement; (b) Lessee’s changes to the Plans; (c) Lessee’s request for materials, finishes, or installations which are not readily available or which are incompatible with the Standards; or (d) any other act or failure to act by Lessee, Lessee’s employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Lessee.
Lessee Delays. The term "Lessee Delay" shall mean any delay in construction and installation of the Tenant Improvements due to (i) Lessee's failure to consult with and inform Lessor in a prompt and timely manner (and in any event within thirty (30) days after request by Lessor) of the general desired space needs and desired layout of the Premises so as to enable Lessor to prepare the initial schematic plans for the Premises; (ii) Lessee's failure to approve or provide comments on the Drawings and Specifications within the time periods required by this Work Letter or to submit or revise in a prompt and timely manner any portions of the Drawings and Specifications to be prepared by Lessee's space planner, architect, engineer, design consultant or other professional; (iii) changes or additions by Lessee to the Drawings and Specifications after they have been approved by Lessor and Lessee;
Lessee Delays. In the event of any commercially unreasonable Lessee Delays totaling more than ten (10) days, the six (6) month period set forth in Section 2.1 of the Lease shall be extended based on the date Lessor in good faith determines it would have substantially completed the Lessee Improvements without the delays attributable to Lessee Delays. As used herein, the term “Lessee Delays” shall mean any commercially unreasonable delay that Lessor may encounter in the performance of Lessor’s obligations under this Work Letter or the Lease to construct the Lessee Improvements because of any act or omission of any nature by Lessee or its agents, including, without limitation, delays resulting from changes in or additions to the plans for the Lessee Improvements; delays due to the failure to promptly give authorizations or approvals required to enable Lessor to proceed with any work; or delays due to the postponement of any Lessor work at the request of Lessee.
Lessee Delays. Any delay attributable to Lessee and/or any of Lessee's employees, agents, contractors or representatives, including, but not limited to, any changes to the HVAC Replacement requested by Lessee, shall be considered "Lessee Delays". It is the intention of the parties that Lessee shall be wholly and completely responsible for any and all consequences to the extent attributable to such delays, including, without limitation, any costs and expenses attributable to any such Lessee Delays.
Lessee Delays. The following shall constitute "Lessee Delays": -------------
(i) the failure of Lessee to timely furnish all or any plans, drawings, specifications, finish details or the other information required under Paragraph 1 above;
(ii) the failure of Lessee to grant approval of the Working Drawings within the time required under Paragraph 2 above;
(iii) the failure of Lessee to comply with the requirements of Paragraph 4 above;
(iv) Lessee's requirements for special work or materials, finishes, or installations other than the Building Standards or Lessee's requirements for special construction staging or phasing;
(v) the performance of any Additional Work (as defined in Paragraph 7 below) requested by Lessee or the performance of any work in the Demised Premises by any person, firm or corporation employed by or on behalf of Lessee, or any failure to complete or delay in completion of such work;
(vi) any act attributable to Lessee's architect or any employees, representatives or agents of Lessee's architect; or
(vii) any other act or omission of Lessee.
Lessee Delays. The term "Lessee Delays" shall include the ------------- following:
(i) the failure of Lessee to furnish all or any plans, drawings, specifications, finish details or the other information required under Paragraph 1 above on or before the date stated in Paragraph 1;
(ii) the failure of Lessee to grant approval of the Working Drawings within the time required under Paragraph 2 above;
(iii) the failure of Lessee to comply with the requirements of Paragraph 5 above;
(iv) Lessee's requirements for special work or materials, finishes, or installations other than the Building Standards or Lessee's requirements for special construction staging or phasing;
(v) the performance of any Additional Work (as defined in Paragraph 8 below) requested by Lessee or the performance of any work in the Expansion Premises by any person, firm or corporation employed by or on behalf of Lessee, or any failure to complete or delay in completion of such work; or
(vi) any other act or omission of Lessee.
