Lessee's Delay Sample Clauses

Lessee's Delay. It is the intent of the parties that the Commencement of Construction (as defined in Paragraph 31) shall occur on or before July 1, 1998. The Lessee has hired Xxxxxxxxxxx Architect to design and complete the Construction Documents. Lessor shall deliver construction documents to Lessee by May 15, 1998. Lessee shall approve the Construction Documents for the project by May 22, 1998. Any delay in the Lessee approvals that is the sole cause of an extension of the commencement of construction date shall also adjust any compensatory adjustment referenced in Paragraph 2.

Lessee's Delay. The Lessor shall immediately notify Lessee in writing of any delays (“Lessee Delay”) on the schedule caused by the Lessee or its contractors. Lessee shall not be charged with any period of Lessee Delay which is prior to the time that Lessee receives a written notice of such Lessee Delay. In no event shall Lessee be charged for any period of time as a Lessee Delay to the extent that it is based upon: (i) any act or omission which Lessee has the right to perform under this Lease, (ii) any act or omission of Lessor, or (iii) any cause beyond Lessee’s reasonable control. If Lessor is delayed in the performance of Lessor’s Work by reason of Lessee Delay, then any of Phases I, II or III, which is affected by such Lessee Delay shall be extended by the period that Lessor’s Work is affected by such Lessee Delay, and (ii) Lessor shall be deemed to have achieved the Final Date of Delivery on the date which Lessor would have achieved such Date, but for the occurrence of such Lessee Delay, and Lessee shall begin to pay Rent (as defined in section 3.00 hereof) on that date, as sole compensation for any Lessee’s Delay. Notwithstanding the foregoing, the payment of service fees agreed on clause 3.00 hereof, shall commence as of the Final Date of Delivery (as defined in Section 2.02 hereof). Any delays in the performance of Lessor’s Work caused by changes in Lessor’s Work requested by Lessee (“Lessee Changes”) shall be deemed to be Lessee Delay.

Lessee's Delay. Lessee's obligation to pay Base Rent shall commence, as set forth In Paragraph 1.5; provided, however, if Lessor shall be delayed in substantially completing Lessor's Work as a result of (a) Lessee making material changes in the Lessee's Plans, or (b) hindrance or disruption of the work of Lessor's contractor resulting from Lessee's Initial Improvements, then the commencement of Base Rent shall be accelerated by the number of days of such delay. ADDENDUM 2 BASE RENT AND CABINET AND CONDUIT CHARGES ADJUSTMENTS This Addendum 2 is attached to and made a part of that certain Lease, dated as of March 19, 1999, between The Cambay Group, Inc., a California corporation, as Lessor, and Universal Access, Inc., an Illinois corporation, as Lessee. On the first anniversary of the Commencement Date (the "Adjustment Date"), and continuing on each anniversary of the Adjustment Date thereafter during the initial term and for the second and each succeeding year, the Base Rent, and all Cabinet and Conduit Charges then in effect, shall be increased at the rate of three percent (3%) per annum. As of each Adjustment Date, the monthly Base Rent and Cabinet and Conduit Charges payable during the ensuing twelve-month period shall be determined by increasing the previous monthly rent and charges for the month just ended by three percent (3%). Said increases shall be on a compounded basis. ADDENDUM 3 OPTION TO RENEW This Addendum 3 is attached to and made a part of that certain Lease, dated as of March 19, 1999, between The Cambay Group, Inc., a California corporation, as Lessor, and Universal Access, Inc., an Illinois corporation, as Lessee.

Lessee's Delay. If the substantial completion of Lessee's Addition Work is delayed by any cause other than (i) a Lessor's Delay as defined above, or (ii) an event of Force Majeure (as defined in Section 24.0 of the Lease) (a "Lessee's Delay"), such delay shall have no effect on the Building Addition Rent Commencement Date and the Building Addition Rent Commencement Date shall be the date on which Lessor's architect reasonably determines that the Building Addition would have been substantially completed but for such Lessee's Delay.

Lessee's Delay. No delay in the completion of the Leased Premises resulting from delay or failure on the part of Lessee in furnishing information or other matters required in this Lease, and no delay resulting from the completion of work, if any, that is to be performed at Lessee's expense pursuant to this Lease, shall delay the Commencement Date, Expiration Date or commencement of payment of Rent (as defined in Subsection 4.02 below.)

Lessee's Delay. The term "LESSEE DELAY" shall mean any delay that Lessor may encounter in the performance of Lessor's obligations under the Lease because of any act or omission of any nature by Lessee or its agents or contractors, including, but not limited to, any: (a) delay attributable to Changes (as that term is defined herein) in or additions requested by Lessee to the Final Plans, or to the Lessee's Work, or to the Lessor's Phase One Work, or to the Lessor's Phase Two Work, including any delay by Lessee in the submission of information required by this Lease or the giving of authorizations or approvals within the time limits set forth in this Lease; (b) delay attributable to the postponement of any of Lessor's Phase One Work or Lessor's Phase Two Work at the request of Lessee; (c) delay attributable to the failure of Lessee to deliver to Lessor the Preliminary Plans, Final Plans and other plans required to be submitted by Lessee pursuant to this Lease; (d) delay attributable to the failure of Lessee to pay, when due, the amounts required by Lessee pursuant to the Lease; and, (e) Lessee's delay in substantially completing any of Lessee's Work. Lessee shall pay all costs and expenses incurred by Lessor which result from any Lessee Delay, including, without limitation, any actual and reasonable costs and expenses attributable to increases in the cost of labor or materials.

Lessee's Delay. No delay in the completion of the Leased Premises resulting (i) from delay or failure on the part of Lessee in furnishing information or other matters required in Exhibit C, or (ii) from the delay or failure on the part of Lessee in completion of work, if any, that is to be performed by Lessee pursuant to Exhibit C, shall delay the Term Commencement Date, Term Expiration Date or commencement of payment of Rent (as defined in Subsection 4.01 below).