Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Pricing Completion Date Construction Drawings pursuant to occur by the Pricing Due DateSection 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 350 Work Letter or the LeaseLease (as amended); (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Pricing Completion Date Construction Drawings pursuant to occur by the Pricing Due DateSection 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach breath by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core are of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of of’ when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Plans Completion Date to occur by the Pricing Plans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building (or the Initial Landlord Work Plans) required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by any portion of the Approved Construction DrawingsTenant Improvements that do not constitute customary general office improvements; or (g) any other act or omission of Tenant or any of its agents, employees or representativesrepresentatives that continues for more than one (1) business day after notice thereof to Tenant, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in to the Approved Construction Drawings (except but only to the extent that Landlord notifies Tenant, when Landlord approves such change, of the length of the delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 abovethat will be caused by such change)); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this AgreementAgreement (but only to the extent that Landlord notifies Tenant, when Landlord approves such requirement, of the length of the delay that will be caused by such requirement); (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings[Intentionally Omitted]; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Landlord shall use reasonable efforts to provide Tenant with prompt notice (which notice, notwithstanding Section 25.1 of this Agreement, may be given orally, by e-mail, or by any other method) of any Tenant Delay so that Tenant may take action to avoid or minimize the same.
Appears in 1 contract
Samples: Office Lease (Xactly Corp)
Tenant Delay. If (a) the substantial completion of the Tenant Improvement Work Improvements is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (bi) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cii) any breach by Tenant of this Work Letter or the Lease; (diii) any change (or Tenant’s request for any change) in the Approved Construction Drawings Plans (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (eiv) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work Improvements as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (gv) any other act or omission of Tenant or any of its agents, employees or representatives; and (b) Landlord provides written notice to Tenant of such Tenant Delay and Tenant fails to cure such Tenant Delay within a commercially reasonable amount of time, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Pricing Completion Date Construction Drawings pursuant to occur by the Pricing Due DateSection 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Samples: Office Lease (Graphon Corp/De)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “"Tenant Delay”") as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (cb) any breach by Tenant of this Work Letter or the Lease; (dc) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 3.3 above); (ed) Tenant’s 's requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (ge) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred.. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant
Appears in 1 contract
Samples: Lease Agreement (Kempharm, Inc)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Plans Completion Date Data to occur by the Pricing Plans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Samples: Sublease Agreement (Telik Inc)
Tenant Delay. If As used herein, "Tenant Delay" means any actual delay in the substantial completion of the Project Improvements and/or issuance of official permission for occupancy resulting from any or all of the following: (1) the failure of Tenant Improvement (its agents, employees or contractors) to timely perform any of its obligations pursuant to this Landlord's Work is delayed (a “Tenant Delay”) as a result of (a) Rider, and any failure of to complete, on or before the Pricing Completion Date due date therefor, any action item which is Tenant's responsibility pursuant to occur by the Pricing Due Datethis Landlord's Work Rider; (b2) Tenant’s 's request for materials, finishes, or installations which at the time of such request are not readily available; (3) Change Order Delays arising out of a Tenant Change Order; (4) Tenant's failure to timely approve or disapprove (within the time periods specified in this Landlord's Work Rider) any matter requiring Tenant’s approval's approval hereunder, unless such matter is thereby deemed approved in accordance with the terms of this Landlord's Work Rider; (c5) Tenant's use of non-compatible labor in connection with any breach by Tenant of this Work Letter work which results in strikes, boycotts, slowdowns or the Leaseother delay; (d6) any change (Tenant work or Tenant’s request for any change) in Tenant permits which interfere with Landlord's work or delay the Approved Construction Drawings (except to the extent such delay results from any failure issuance of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes a temporary or improvements that are not available in a commercially reasonable time given the anticipated date permanent certificate of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawingsoccupancy; or (g7) any other act or omission of Tenant or any of its by Tenant, Tenant's Representative, Tenant's employees, agents, employees independent contractors, consultants and/or any other person performing or representativesrequired to perform services on behalf of Tenant, then, notwithstanding anything provided written notice is given to the contrary in this Agreement or this Work Letter, and regardless Tenant within five (5) days of when the any alleged Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurredDelay.
Appears in 1 contract
Samples: Industrial/Commercial Lease (United Stationers Inc)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by Section 2.6 above and deliver the Pricing Due DatePermits to Landlord pursuant to Section 2.8 above on or before Tenant’s Approval and Permitting Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for Landlord’s approval of any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; or (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction DrawingsWork List; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Plans Completion Date to occur by the Pricing Plans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work Improvements as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cb) any breach by Tenant of this Work Letter or the Lease; (dc) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.4 above); (ed) Tenant’s requirement for materials, components, finishes or improvements that are different from the finishes in the Existing Premises and are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (ge) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.
Appears in 1 contract
Samples: Lease Agreement (Catasys, Inc.)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cb) any breach by Tenant of this Work Letter or the Lease; (dc) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.4 above); (ed) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (ge) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.
Appears in 1 contract
Samples: Office Lease (Catasys, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes herein, a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Dateintentionally omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “"Tenant Delay”") as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant's Approval Deadline; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s 's requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; or (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B-1, a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 255 and Suite 270 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction DrawingsWork List; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
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Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work Improvements as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.
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Samples: Office Lease (Trintech Group PLC)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed not Substantially Completed due to delay (a “Tenant Delay”) as a result of resulting (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work is to be Substantially Completed as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Substantially Completed but for the Tenant Delay had occurredDays.
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Tenant Delay. If Any of the following types of delay in the completion of construction of Landlord's TI Work (but in each instance, only to the extent that any of the following has actually and proximately caused substantial completion of Landlord's TI Work to be delayed):
(i) Any delay resulting from Tenant's failure to furnish, in a timely manner, information reasonably requested by Landlord or by Landlord's Project Manager in connection with the design or construction of Landlord's TI Work, or from Tenant's failure to approve in a timely manner any matters requiring approval by Tenant;
(ii) Any delay resulting from Tenant Improvement Work is delayed (a “Tenant Delay”) Change Requests initiated by Tenant, including any delay resulting from the need to revise any drawings or obtain further governmental approvals as a result of any such Tenant Change Request;
(aiii) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach Any delay caused by Tenant of this Work Letter or the Lease; (d) any change (or Tenant's contractors, agents or employees) materially interfering with the performance of Landlord's TI Work, provided that Landlord shall have given Tenant prompt notice of such material interference and, before the first time a Tenant Delay is deemed to have occurred as a result of such delay, such interference has continued for more than forty-eight (48) hours after Tenant’s request for any changereceipt of such notice;
(iv) Any delay caused by Tenant failing to take the actions required of Tenant in this Tenant Work Letter to (A) cause the Approved Construction Schematic Plans or Final TI Working Drawings to have been completed and approved by the applicable dates set forth on Schedule 3 to this Exhibit B (except to the extent such delay results from “Time Deadlines”), or (B) meet any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion other of the Tenant Improvement Work as milestone dates set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurredTime Deadlines.
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Samples: Lease (Graphite Bio, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due DateIntentionally Omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building Project required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.
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