Common use of Tenant Delay Clause in Contracts

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s Equipment; or (vi) any other Tenant-caused delay.

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means that, any actual delay in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s ’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s’s, including any Approved Changes, notwithstanding Landlord’s approval of such changeschanges (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (viv) Tenant or its contractors interfere any Tenant Agent interferes with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's ’s installation of Tenant’ s ’s Equipment; or (viv) any other Tenant-delay solely caused delayby Tenant or any Tenant Agent.

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s ’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s’s, including any Approved Changes, notwithstanding Landlord’s approval of such changeschanges and such change delays Substantial Completion provided the Selected Contractor advised Tenant and Landlord of such delay prior to the authorization of the Change Order by Landlord and Tenant; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installationsinstallations provided Landlord advised Tenant that any such improvements, materials, finishes, or installations would cause a delay as part of Landlord’s review and approval of the CD’s and/or and Approved Changes; (iv) Tenant’s or its contractors’ unreasonable interfere with the work of Landlord or the Selected Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation of Tenant’s Equipment and such interference delays Substantial Completion; (v) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s EquipmentClass A Projects; or (vi) any other Tenant-caused delay. Notwithstanding the foregoing, there shall be no Tenant Delay under clauses (ii) through (vi) above unless and until Landlord has provided Tenant’s Representative with written notice of such potential Tenant Delay. Landlord shall use commercially reasonable efforts to provide Tenant’s Representative with written notice regarding any potential or actual Tenant Delay Landlord is aware of within two (2) business days after Landlord becomes aware of such delay.

Tenant Delay. In For the event purposes of Tenant Delaythis Work Letter and the Lease, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, any actual delay in whole or in part, any of (a) Substantial Completion is delayedof the Landlord’s Work, or Landlord is delayed in obtaining any permit(s(b) achievement of the Required Delivery Condition, or certificate(s(c) that Landlord is required to obtain under the Lease or this Exhibit, as a result of achievement any of the followingmilestones listed in Paragraph 2.8 of the Lease, in each of cases (a) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, resulting from either: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s ’s failure to comply fulfill its obligation with any of respect to provide either documents or approvals within the deadlines time periods specified in this Exhibit; therefor herein, (ii) Tenant changes the CD’ sany change orders requested by Tenant, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) an act or omission of Tenant requests non-Building Standard improvementsor any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord’s Work, materials, finishescompletion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or installations; (iv) delays caused achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any governmental or quasi-governmental authorities arising from changes to the Leasehold Improvements being designed to include items or improvements not typically found Warm Shell Components requested by Tenant, Landlord hereby notifies Tenant that such request will result in office space of other comparable buildings a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s Equipment; or (vi) any other Tenant-caused delayprevious sentence.

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means that, any actual delay in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s ’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s’s, including any Approved Changes, notwithstanding Landlord’s approval of such changeschanges (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (viv) Tenant or its contractors interfere any Tenant Agent interferes with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's ’s installation of Tenant’ s ’s Equipment; or (viv) any other Tenant-delay to the extent caused delaysolely by Tenant or any Tenant Agent.

Tenant Delay. In the event of Tenant DelayAs used in this Lease, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means thatshall mean, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining addition to any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s failure to comply with any of the deadlines specified Delay specifically described elsewhere in this Exhibit; (ii) Tenant changes Lease, any delay Landlord encounters in the CD’ s, including any Approved Changes, notwithstanding performance of Landlord’s approval of such changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities obligations under this Lease arising from the Leasehold Improvements being designed or related to include items any act or improvements not typically found in office space omission of other comparable buildings in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord agents, employees, or Contractor contractors, including, without limitation, during any preactual delay to the extent attributable to: (a) any Changes, including any delays arising from or related to such Changes, whether or not within Tenant’s reasonable control; (b) any material interference by Tenant with the construction of the Building Shell Improvements; (c) Tenant’s request for long-commencement entry period lead items; (d) any material delays by Tenant in providing Landlord with information requested by Landlord, or in connection providing consents or approvals required to be given by Tenant, or in completing submittals or obtaining permits within the time periods agreed to by Landlord and Tenant or as reasonably required by Landlord, including any delays in providing Landlord with the final Modified Building Shell Plans; and (e) the Building Modifications, whether or not within Tenant's installation ’s reasonable control (including, but not limited to, delays in obtaining required utility services because of Tenant’ s Equipmentdelays associated with the construction of additional electrical substation capacity required for the Building Modifications or otherwise, or delays in obtaining governmental approvals for the construction of the Building Modifications); provided however, no such delay shall constitute a Tenant Delay unless Landlord shall have notified Tenant in writing of the occurrence of a Tenant Delay and the reasons therefore within three (3) business days following the date Landlord becomes aware or (vi) should have become aware of the occurrence of the event or circumstance giving rise to the delay. Landlord confirms that the Building Modifications will not create any other Tenant-caused delayTenant Delay.

Tenant Delay. In As used herein and in the event of Tenant DelayLease, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. term “Tenant Delay” means thatshall mean an actual delay, despite Landlord’s reasonable efforts but without any additional cost or expense to Landlord to avoid or mitigate delay, to (i) the date on which the initial Premises is or would have been delivered to Tenant in Tenant Improvement Work Readiness Condition, and/or (ii) the date that Shell Substantial Completion occurs or would have occurred, in whole any case resulting from any material disruption to or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under interference with the Lease or this Exhibit, as a result of any design and/or construction of the followingBuilding Shell caused by Tenant’s employees, agents, contractors or Tenant’s Representatives that is not cured within one (1) business day after Tenant’s receipt of written notice thereof from Landlord. Tenant Delay shall also include: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (ivA) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items TI Changes or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (v) Changes requested by Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitationlimitation to, during the Building Shell, and/or (B) Tenant’s failure to provide Landlord promptly after Landlord’s request therefor with any pre-commencement entry period information reasonably required from Tenant for the normal progression of Landlord’s design, permitting and construction of the Building Shell; provided, however, with regard to (A) and (B), Tenant shall be entitled to notice (which may be by email to Tenant’s Representative) that Tenant is doing, or in connection with failing to do, something that is causing Tenant Delay, and shall have at least one (1) business day after Tenant's installation ’s receipt of Tenant’ s Equipment; or (vi) any other Tenant-caused delaysaid notice to cure by taking appropriate corrective action before Tenant shall have committed Tenant Delay.

Tenant Delay. In For the event purposes of Tenant Delaythis Work Letter and the Lease, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, any actual delay in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any Landlord’s completion of the followingWarm Shell Components and Building-Specific Common Areas in the Required Delivery Condition resulting from either: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s ’s failure to comply fulfill its obligation with any of respect to provide either documents or approvals within the deadlines time periods specified in this Exhibit; therefor herein, (ii) Tenant changes the CD’ sany change orders or TRCs requested by Tenant, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) any matters specifically identified elsewhere in this Work Letter or in the Lease as Tenant requests non-Building Standard improvements, materials, finishesdelays, or installations; (iv) delays caused an act or omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord’s Work is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any governmental or quasi-governmental authorities arising from changes to the Leasehold Improvements being designed to include items or improvements not typically found Warm Shell Components requested by Tenant, Landlord hereby notifies Tenant that such request will result in office space of other comparable buildings a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the market in which previous sentence; provided, however, that upon completion of the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor includingTRC Estimate, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s Equipment; or (vi) any other Tenant-caused delaysuch TRC Estimate shall control over this sentence.

Tenant Delay. In As used herein, the term "Tenant Delay" shall mean, as to any delay experienced by Landlord in its work on the Building or the Tenant Improvements, (a) any interference or delay caused by occurrences within the reasonable control of Tenant not otherwise permitted under this Lease (i.e. permitted Tenant approval and construction processes applied within scheduled time period shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or refusal to furnish plans, or approve or disapprove plans for the Tenant Improvements, within the periods set out in Exhibit B; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond the approval process set forth in Exhibit B; (d) any other delay in acts of Tenant required under Exhibit B, or (e) selection of a Tenant Improvement contractor other than the contractor selected by Landlord to perform Landlord's Work, provided that the foregoing clauses (a) through (e) shall apply only to the extent that such delay, notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date of Premises Delivery. Tenant Delay shall not include delays caused by revisions to Tenant's Plans to meet historic preservation requirements as set forth in Section 3(m) below. Landlord shall notify Tenant as soon as reasonably possible when Landlord becomes aware of an event constituting Tenant Delay. Such notice shall include a description of the matter constituting Tenant Delay, and Landlord's good faith estimate of the potential amount of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation also agrees to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action meet and cooperate with Tenant to compensate for any seek opportunities to minimize Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s Equipment; or (vi) any other Tenant-caused delay.

Tenant Delay. In the event of Tenant Delay, Substantial Completion (a) If Landlord shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, substantially completing Landlord's Construction as a result of any act, neglect, failure or omission of Tenant, its servants, employees, invitees, licensees, agents, visitors, representatives, customers or contractors, including without limitation any of the following: , such delays shall be deemed a "Tenant Delay," and Tenant shall be responsible for and pay any and all cost and expenses incurred by Landlord caused by Tenant Delay. As an illustration of the foregoing but not in limitation thereof, Tenant Delay is that delay caused by (ia) the failure by Tenant fails to fully and timely comply with take any action under this Schedule A within the time period required by the terms of this Exhibit, including without limitation Tenant’ s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’ s, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s EquipmentSchedule; or (vib) modifications, revisions and changes to the approved Space Plan, approved Construction Drawings and/or Landlord's Construction as requested by Tenant; or (c) work performed by Tenant or entity engaged by Tenant which adversely affects the timing of Landlord's Construction; or (d) Tenant's failure to meet with Landlord and/or Landlord's architect or failure to provide information to Landlord required under this Schedule A in a timely manner; or (e) the request by Tenant for materials, finishes or installations (other than those included in Exhibit 2 attached hereto) which are not readily available at the time Landlord is ready to install the same; or (f) the failure by Tenant to pay in a timely manner any payment required to be made under this Schedule; or (g) any other unreasonable conduct of any kind or nature relating to the completion of the Additional Premises and engaged in by Tenant-. Landlord shall not be liable for any damages caused delayby Tenant Delay.

Tenant Delay. In As used herein, "Tenant Delay" shall mean, as ------------ to any delay experienced by Landlord in connection with its Shell and Core Work, (a) any interference or delay caused by occurrences within the event reasonable control of Tenant Delay, Substantial Completion not otherwise permitted under this Lease (i.e. permitted Tenant approval and construction processes applied within scheduled time periods shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or --- refusal to be furnish plans, or approve or disapprove plans for the Tenant Improvements in excess of the periods set out in Appendix D; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond or after the approval process set forth in Appendix D; or (d) any other delay in acts of Tenant required under Appendix D; provided that the foregoing clauses (a) through (d) shall apply only to the extent that such delay, ---- notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date Substantial Completion would have occurred but for Tenant Delaysof Premises Delivery. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any notify Tenant as soon as reasonably possible when Landlord becomes aware of an event that it believes constitutes a Tenant Delay. “Such notice shall include a description of the matter constituting the Tenant Delay and Landlord's good faith estimate of the length of the Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or . Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required also agrees to obtain under the Lease or this Exhibit, as a result of any of the following: (i) meet and cooperate with Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’ s failure seek opportunities to comply with any of the deadlines specified in this Exhibit; (ii) minimize Tenant changes the CD’ s, including any Approved Changes, notwithstanding Landlord’s approval of such changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (v) Tenant or its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's installation of Tenant’ s Equipment; or (vi) any other Tenant-caused delayDelay.