Common use of Tenant Delays Clause in Contracts

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Premises (as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval, including a Partial Cost Proposal or the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant’s request for changes in the Construction Drawings; 5.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time (based upon the anticipated date of the Lease Commencement Date) or which are different from, or not included in, the Specifications; 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or 5.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of the Substantial Completion of the Premises, the Lease Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.

Tenant Delays. If there A “Tenant Delay” shall be a mean any delay or there are delays in the Substantial Completion of the Premises (Building as a direct, indirect, partial, or total result of any of the following following: (collectively, “Tenant Delays”): 5.2.1 i) Tenant’s failure to timely complete or approve any matter requiring Tenant’s approvalthe Tenant Improvement Plans by the dates set forth in Section 5.B, including a Partial Cost Proposal or the Cost Proposal and/or (ii) Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a breach approve the bids for construction by the dates set forth in Section 5.C, (iii) changes to the plans requested by Tenant which delay the progress of the terms of this Tenant Work Letter or the Lease; 5.2.3 work, (iv) Tenant’s request for changes in the Construction Drawings; 5.2.4 Tenant’s requirement for materials, materials components, or finishes or improvements which are not available in a commercially reasonable time (based upon given the anticipated date Commencement Date, (v) Tenant’s failure to make a progress payment for Tenant improvements as provided in Section 5.F after notice from Landlord and expiration of the Lease Commencement Dateapplicable cure period, (vi) Tenant’s request for more than one (1) rebidding of the cost of all or which are different froma portion of the work, and (vii) any errors or not included in, the Specifications; 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 any changes omissions in the Construction Drawings and/or the Tenant Improvements required Improvement Plans provided by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined architect unless caused by misinformation provided by Landlord); or 5.2.7 any other acts , Landlord’s Architect or omissions of Tenant, or its agents, or employees; then, notwithstanding the General Contractor. Notwithstanding anything to the contrary set forth in the Lease this Lease, and regardless of the actual date of the Substantial Completion of the PremisesPremises are Substantially Complete, the Lease Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delay had occurred as reasonable determined by Landlord. In addition, if a Tenant Delay results in an increase in the cost of the labor or Delaysmaterials, as set forth above, had occurredTenant shall pay the cost of such increases.

Tenant Delays. If there shall be a delay or there are any actual delays in the Substantial Completion of any Sub-Phase of the Premises (as a direct, indirect, partial, or total result of any of the following (collectively, of: 10.1.1. Any request or other matter identified as a “Tenant Delays”):Delay” in this Work Letter; 5.2.1 10.1.2. Tenant’s failure to comply with specified deadlines in the Time Deadlines established pursuant to this Work Letter or Xxxxxx’s failure to otherwise timely approve any matter requiring Tenant’s approval, including a Partial Cost Proposal or the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a 10.1.3. A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant’s request for 10.1.4. Any delays due to suspension of work in order to review pricing, schedule and other impacts of Tenant- requested changes, whether or not such changes in the Construction Drawingsare approved or implanted as a final change order; 5.2.4 10.1.5. Tenant’s requirement for materials, components, finishes or improvements which that are not available in a commercially reasonable time (based upon given the anticipated date of the Lease Commencement Date) or which are different from, or not included in, the Specifications; 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 Substantial Completion of any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use Sub-Phase of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord)Premises; or 5.2.7 any 10.1.6. Any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter and regardless of the actual date of the Substantial Completion of any Sub-Phase of the Premises, the Lease Commencement Date (as set forth in Section 7.2 date of the Summary) Substantial Completion of such Sub-Phase of the Premises shall be deemed to be the date the Lease Commencement Date Substantial Completion of such Sub-Phase of the Premises would have occurred if no Tenant Delay delay or Delaysdelays, as set forth aboveabove or in any other Work Letter, had occurred. This Agreement of Purchase and Sale and Joint Escrow Instructions (this "Agreement"), dated as of the date set forth in Section 1.1 below (the "Effective Date"), is made by and of between [LANDLORD ENTITY], a Delaware limited liability company ("Seller"), and [TENANT ENTITY] ("Buyer"). The terms as set forth below shall have the meanings as set forth below when used in this Agreement.

Tenant Delays. If there Tenant shall be a responsible for, and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay or there are delays in the Substantial Completion of the Premises (as a direct, indirect, partial, commencement or total result completion of any Tenant Improvements and any increase in the cost of Tenant Improvements caused by (i) any Changes requested by Tenant in the following Tenant Approved Plans or the Final Plans (collectivelyincluding any cost or delay resulting from proposed changes that are not ultimately made), “(ii) any failure by Tenant Delays”): 5.2.1 Tenant’s failure to timely approve pay any matter requiring Tenant’s approvalamounts due from Tenant hereunder, including a Partial Cost Proposal any additional costs resulting from any Change (it being acknowledged that if Tenant fails to make or the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant’s request for changes in the Construction Drawings; 5.2.4 Tenant’s requirement for materialsotherwise delays making such payments, components, finishes or improvements which are not available in a commercially reasonable time (based upon the anticipated date of the Lease Commencement Date) or which are different from, or not included in, the Specifications; 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 any changes in the Construction Drawings and/or Landlord may stop work on the Tenant Improvements rather than incur costs which Tenant is obligated to fund but has not yet funded and any delay from such a work stoppage will be a Tenant Delay), (iii) the inclusion in the Tenant Improvements of any so-called "long lead" materials (such as fabrics, paneling, carpeting or other items that are not readily available within industry standard lead times (e.g., custom made items that require time to procure beyond that customarily required for standard items, or items that are currently out of stock and will require extra time to back order) and for which suitable substitutes exist), (iv) Tenant's failure to respond within three (3) business days to reasonable inquiries by applicable laws if such changes are directly attributable to Tenant’s use Landlord or Contractor regarding the construction of the Premises Tenant Improvements, or Tenant’s specialized tenant improvement(s(v) (as determined by Landlord); or 5.2.7 any other acts delay requested or omissions of caused by Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless . Each of the actual date of the Substantial Completion of the Premises, the Lease Commencement Date (foregoing is referred to herein as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no a "Tenant Delay or Delays, as set forth above, had occurredDelay".

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Premises (Expansion Space as a direct, indirect, partial, or total result of any of the following (collectively, “"Tenant Delays”"): 5.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval, including a Partial Cost Proposal or the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant’s 's request for changes in any of the Construction Drawings; 5.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time (based upon given the anticipated estimated date of Substantial Completion of the Lease Commencement Date) or which are different from, or not included in, the SpecificationsExpansion Space; 5.2.5 changes to the Base, Shell and Core required Core, structural components or structural components or systems of Hanger 5 requested by the Approved Working Drawings; 5.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or 5.2.7 5.2.6 any other acts or omissions of Tenant, or its agents, or employees; . then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of the Substantial Completion of the PremisesCompletion, the Lease Expansion Space Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Expansion Space Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred. Notwithstanding the foregoing to the contrary, no Tenant Delay shall be deemed to have occurred unless (A) Landlord has delivered to Tenant written notice (the "Tenant Delay Notice") specifying in reasonable detail the actions, inactions or circumstances Landlord claims constitute such applicable Tenant Delay, and (B) Tenant fails to cure such action, inaction or circumstance within one business day after Tenant's receipt of the Tenant Delay Notice.

Tenant Delays. If there shall Landlord and Tenant acknowledge that the date on which Tenant's obligation to pay Rent under the Lease would otherwise commence may be delayed because of a delay or there are delays in completion of construction of the Improvements due to (i) Tenant's failure to submit to Landlord plans and specifications for the Improvements by the due date set in the Substantial Completion Performance Schedule, (ii) Tenant's failure to give any necessary approval or consent by the dates set forth herein, (iii) any act by Tenant which interferes with or delays construction of the Premises Improvements, including Tenant's entry to install trade fixtures pursuant to Paragraph 10 hereof, (as a directiv) any changes, indirect, partialmodifications and/or additions in the Improvements (Shell or Interior) requested by Tenant and approved by Landlord, or total result (v) special materials or equipment ordered or specified by Tenant that cannot be obtained by Landlord at normal cost within a reasonable period of time because of limited availability. It is the intent of the parties hereto that the commencement of Tenant's obligation to pay Rent under the Lease not be delayed by any of such causes or by an other act of Tenant and, in the event it is so delayed, Tenant's obligation to pay Rent under the Lease shall commence as of the date it would otherwise have commenced absent delay caused by Tenant, provided that within a reasonable period of the time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant in writing of the following (collectively, “Tenant Delays”): 5.2.1 Tenant’s failure to timely approve fact that such delay has occurred and the known or anticipated extent of any matter requiring Tenant’s approval, including a Partial Cost Proposal or the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant’s request for changes in the Construction Drawings; 5.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time (based upon the anticipated date of the Lease Commencement Date) or which are different from, or not included in, the Specifications; 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or 5.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of the Substantial Completion of the Premises, the Lease Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurreddelay.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Premises Expansion Space (as a direct, indirect, partial, or total result of any of the following (collectively, “"Tenant Delays”"): 5.2.1 Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval, including a Partial Cost Proposal or the Cost Proposal and/or Tenant’s 's failure to timely perform any other obligation or act required of Tenant hereunder; 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant’s 's request for changes in the Construction Drawings; 5.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time (based upon the anticipated date of the Lease Expansion Space Commencement Date) or which are different from, or not included in, the Specifications; 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 any changes in the Construction Drawings and/or the Tenant Expansion Space Improvements required by (i) applicable laws if such changes are directly attributable to Tenant’s 's use of the Premises Expansion Space or Tenant’s 's specialized tenant improvement(sExpansion Space Improvement(s) (as reasonably determined by Landlord), and/or (ii) Landlord pursuant to Section 4.2 above; or 5.2.7 any other acts or omissions of Tenant, or its agents, or employees; ; 5.2.8 then, notwithstanding anything to the contrary set forth in the Lease Amendment and regardless of the actual date of the Substantial Completion of the PremisesExpansion Space, the Lease Expansion Space Commencement Date (as set forth in Section 7.2 of the Summary) shall be deemed to be the date the Lease Expansion Space Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.