Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Lease Agreement (Ditech Corp)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's ’s Representatives or Tenant's ’s intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvementsTenant Improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect effect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Lease Agreement (Alphasmart Inc)
Tenant Delays. There If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result of the occurrence of any Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be no extension deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any this provision each of the following described events or occurrencesshall constitute a “Tenant Delay”: (a) delays related Tenant’s failure to changes made furnish information or requested to respond to any request by Tenant Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the Work and/or the Final DrawingsPlans; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or ’s insistence on materials, finishes, or installations other than that have long lead times after having first been informed that the Building Standards materials, finishes, or Tenant's requirements for special construction installations will cause a Delay; or phasing(c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity employed by Tenant in the completion of any work; or (e) any changes required by delay resulting from Tenant’s having taken possession of the fire department, building or planning department, building inspectors or Premises for any other agency having jurisdiction over the Building, the Work and/or reason before substantial completion of the Tenant Improvements if such changes are directly attributable to Tenant's use Improvements; or Tenant's specialized tenant improvements; (f) Tenant’s request for additional bidding or rebidding of the performance cost of any additional work pursuant to all or a Change Request (defined below in Section 11) which is requested by Tenantportion of the Tenant Improvements; or (g) any error in the performance of work in Plans or about the Premises other documents caused by any person, firm or corporation employed by or on behalf of Tenant, includingor its employees, without limitationagents, any failure to complete independent contractors, or any delay in the completion of such workconsultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and all delays caused 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or arising from acts or omissions inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant and/or Tenant's RepresentativesDelay, as set forth in any manner whatsoeversuch notice, including, but not limited to, any and all revisions shall be deemed to the Final Drawings. Any delays in the construction have occurred commencing as of the date Tenant Improvements due to any received such notice and continuing for the number of days the substantial completion of the events described above, shall Improvements was in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all fact delayed as a direct result of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor action or materialsomission.
Appears in 1 contract
Samples: Office Lease (Direct Insite Corp)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any actual delay attributable to Tenant and/or Tenant's ’s Representatives or Tenant's ’s intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings after final approval by Landlord and Tenant of the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 aboveabove within the required time limits or, if no time limit is specified, in a prompt manner; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxxSection 9 below; (xd) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 119) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such workwork required to be performed in order for Substantial Completion to occur; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any actual delays in the construction of the Tenant Improvements due to any of the events described aboveTenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant's Installations; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Lease Agreement (Abaxis Inc)
Tenant Delays. There Tenant agrees that for purposes of this Lease, the following shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's Representatives or Tenant's intended use of the Premises (collectively, constitute "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: :
(a) delays related Tenant fails to changes made or requested by Tenant to timely comply with the Work and/or dates established in the Final schedule of dates described in Paragraph 5 hereof, including without limitation, having Tenant's architect timely complete the Drawings; or
(b) the Tenant's failure of Tenant to furnish all information in accordance herewith or to respond to any planswritten request by Landlord for any approval or information within any time period prescribed, drawingsor if no time period is prescribed, specifications, finish details or other information required under Sections 3 and 4 abovethen within three (3) days of such written request; or
(c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or insistence on materials, finishes, finishes or installations other than Landlord's Building Standard after having first been informed by Landlord in writing at or before the Building Standards or time of delivery to Tenant of final construction pricing for Tenant's requirements for special approval that such materials, finishes or installations will cause a Tenant Delay; or
(d) Tenant's causes changes to be made in the Drawings (notwithstanding Landlord's approval of such changes) that reasonably would cause a delay in the completion of the Premises or Tenant causes changes in the Tenant Improvements after commencement of construction or phasingof the Tenant Improvements resulting in Extra Work; or
(e) any changes required by the fire departmentTenant, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, includingfails to timely perform or complete any work by Tenant or said person, without limitationfirm or corporation employed by Tenant (all such work and such persons, firms or corporations being subject to the reasonable approval of Landlord); or
(f) Tenant shall have directly, or indirectly through any failure to complete person, firm or any corporation employed by Tenant, interfered with or delayed the work of the General Contractor; or
(g) Any request by Tenant that Landlord delay in the completion of such any of Landlord's work; or or
(h) any and all delays caused Any breach or default by or arising from acts or omissions Tenant in the performance of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. obligations under this Lease; or
(i) Any delays in the construction delay resulting from Tenant's entry of the Tenant Improvements due Premises prior to any its being substantially completed, as described in Paragraph 10 of the events described this Exhibit "C" above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Lease Agreement (Eloyalty Corp)
Tenant Delays. There The following items shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease referred to individually as a "Tenant Dela
(as otherwise permissibly extended in accordance with the provisions of Section 6 abovea) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, failure to comply with any of the following described events deadlines specified in this Work Agreement;
(b) changes or occurrences: additions to the Tenant Work or to the Tenant Plans (a) delays related to including without limitation, any changes made or additions requested or required for the Premises by Tenant or by any governmental authority or required in order to comply with any legal or base Building requirements or otherwise) subsequent to the date of Landlord's approval of the construction documents for the Premises;
(c) any delay in obtaining any required permits or approvals with respect to the Tenant Work and/or resulting from any deficiency in the Final Drawings; Tenant Plans or any act or omission of Tenant, or any agent, employee or contractor of Tenant);
(bd) Tenant's failure to pay when due any amounts required pursuant to this Work Agreement;
(e) the failure of Tenant to furnish all or any plansequipment, drawings, specifications, finish details materials or other information required under Sections 3 items that are provided by Tenant and 4 above; (c) installed by Landlord to be delivered to Landlord In the time necessary for their installation or use or the failure of Tenant any such equipment, materials or other items to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes all required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; specification;
(f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by any person or firm employed or retained by Tenant; ;
(g) Tenant's request for materials, finishes or installations which are not available as needed to meet the performance general contractor's schedule for substantial completion; or
(h) Tenant's or Tenant's agent, including Tenant's contractors, vendors, and Tenant's Representative's interference with the general contractor's schedule;
(i) any default under the Lease (including without limitation any provisions of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any this Work Agreement) that causes a delay in the substantial completion of such work; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any delays in the construction of the Tenant Improvements due to Work; or
(j) any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materialsother Tenant-caused delay.
Appears in 1 contract
Samples: Office Space Lease Agreement (Bridgeline Software, Inc.)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx Sectxxx 00 xxxxx; (x) TenantXxxant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant's Installations; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Lease Agreement (Abaxis Inc)
Tenant Delays. There shall be no extension of the scheduled Commencement ------------- Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant's Installations; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section Paragraph 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections Paragraphs 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 Xxxxxxxxx 0 xxxxx; (x) Tenant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvementsuse; (f) the completion of any work associated with Tenant's specific laboratory requirements and work related to any requirements of governmental and regulatory agencies with respect thereto; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or or Tenant's Representativesagents or employees, any Construction Entity, or any of their representatives or successors, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Samples: Industrial Lease (Abgenix Inc)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to “Tenant Delays” means any delay attributable to Tenant and/or any of Tenant's ’s Representatives or Tenant's ’s intended use of the Premises (collectively, "Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work Work, the Final Drawings and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the EP Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's specialized tenant improvements’s particular EP Tenant Improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s storage requirements, Tenant’s data equipment and telecommunication systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested initiated by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from the acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings and Approved Final Drawings. Any Notwithstanding anything to the contrary contained in the Amendment, any delays in the construction of the EP Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which requirement that Tenant is required continue to commence paying pay Rent under the terms of the LeaseAmendment. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.and
Appears in 1 contract
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's ’s Representatives or Tenant's ’s intended use of the Premises (collectively, "“Tenant Delays"”), includingIncluding, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
Appears in 1 contract
Tenant Delays. There shall be no extension For purposes of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the this Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's Representatives or Tenant's intended use of the Premises (collectivelyLetter Agreement, "“Tenant Delays"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or ” shall mean any delay in the completion of the Tenant Improvements resulting from any or all of the following: (a) Tenant’s failure to timely perform any of its obligations pursuant to this Work Letter Agreement, including any failure to complete, on or before the due date therefor, any action item which is Tenant’s responsibility pursuant to the Work Schedule or any schedule delivered by Landlord to Tenant pursuant to this Work Letter Agreement; (b) Tenant’s changes to the Final Plans; (c) any delay of Tenant in making payment to Landlord for Tenant’s share of any costs in excess of the cost of the Tenant Improvements as described in the Work Cost Statement; (d) any other act or failure to act by Tenant, Tenant’s employees, agents, architects, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant; (e) Tenant’s failure to furnish information or to respond to any request by Landlord for any approval or information within any time period prescribed, or if no time period is prescribed, then within two (2) Business Days of such workrequest; (f) Tenant’s insistence on materials, finishes or installations other than Landlord’s Building Standard after having first been informed by Landlord in writing at or before the time of delivery to Tenant of final construction pricing for Tenant’s approval that such materials, finishes or installations will cause a Delay; (g) any request by Tenant that Landlord delay the completion of any of Landlord’s Work; (h) any and all delays caused breach or default by or arising from acts or omissions of Tenant and/or Tenant's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any delays in the construction performance of Tenant’s obligations under the Lease; (i) any delay resulting from Tenant’s having taken possession of the Tenant Improvements due Premises prior to its being substantially completed, as defined above; or (j) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays causes for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materialsDelay.
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Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to date the Tenant Improvements would otherwise have been Substantially Completed but for any delay attributable to Tenant and/or any of Tenant's ’s Representatives or Tenant's intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Approved Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx Sxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (g) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
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Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's ’s Representatives or Tenant's intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final DrawingsTenant Improvements; (b) the failure of Tenant Tenant-to timely furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 required, such as locations of outlets, switches and 4 abovefixtures, in the time period required; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxxSection 8 below; (xd) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasingphasing not reflected in the Tenant Improvements; (e) the completion of any changes required by the fire departmentwork associated with Tenant’s Installations, building or planning departmentincluding without limitation, building inspectors or Tenant’s racking systems, and work related to any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable requirements of governmental and regulatory agencies with respect to any of Tenant's use or Tenant's specialized tenant improvements’s Installations; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
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Tenant Delays. There shall be no extension of the scheduled intended (and therefore actual) Commencement Date or Expiration Date of the term Term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 5 above) if the Work has Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's Representatives any of the Tenant Entities or Tenant's ’s intended particular use or specialized tenant improvements of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work Tenant Improvements and/or the Final Approved Working Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections Section 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than as described in the Building Standards Final Space Plan or Tenant's ’s requirements for special construction or phasing; (ed) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work Building and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s particular use or Tenant's ’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which change request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant's Representatives’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described aboveTenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the LeaseLease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delaysTenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materialsmaterials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delays.
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Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's ’s Representatives or Tenant's intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings, unless required to address an error made by Landlord or Landlord’s contractor. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
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Samples: Lease Agreement (GigOptix, Inc.)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's ’s Representatives or Tenant's intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx Sxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings, unless required to address an error made by Landlord or Landlord’s contractor. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
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Samples: Lease Agreement (Endwave Corp)
Tenant Delays. There shall be no extension of the scheduled Commencement Date or Expiration Date of the term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant's ’s Representatives or Tenant's ’s intended use of the Premises (collectively, "“Tenant Delays"”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Work and/or the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant's ’s requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's ’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's ’s use or Tenant's ’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or Tenant's ’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the events described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to such delays, including, without limitation, any costs and expenses attributable to increases in labor or materials.
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