Tenant Delays. Tenant shall be responsible for, and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay in the commencement or completion of any Suite Improvements and any increase in the cost of Suite Improvements (whether or not, Above-Standard) caused by (i) Tenant's failure to cause the Space Planner to deliver the item described above within the rise periods required above, (ii) the failure of Landlord to receive Final Construction Documents, finishes, cabinetry details, sections and elevations on or before the dates set forth above, (iii) Above-Standard Suite Improvements requested by Tenant, (iv) any changes or modifications in the work requested by Tenant following approval of the Final Construction Documents (v) Tenant's early entry onto the Premises as described in Paragraph 3 hereof, or (vi) any other delay requested or caused by Tenant (collectively, ".Tenant Delays"). Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless and until Landlord gives writ-ten notice to Tenant specifying the action, inaction or occurrence constituting the Tenant Delay and the number of days of such Tenant Delay ("Tenant Delay Notice"). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, shall not require from Landlord written notice, but shall automatically be considered a Tenant Delay, and the number of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlord.
Appears in 1 contract
Samples: Sublease Agreement (Finet Com Inc)
Tenant Delays. Tenant There shall be responsible forno 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, and shall pay to Landlord"Tenant Delays"), including, but not limited to, any and all costs and expenses incurred of the following described events or occurrences that delay the scheduled Commencement Date: (a) delays related to changes made or requested by Landlord in connection with any delay in Tenant to the commencement or completion of any Suite Improvements and any increase in Work and/or the cost of Suite Improvements Approved Final Drawings; (whether or not, Above-Standard) caused by (i) Tenant's failure to cause the Space Planner to deliver the item described above within the rise periods required above, (iib) the failure of Landlord Tenant to receive Final Construction Documentsfurnish 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 Sectxxx 00 xxxxx; (x) Xxxant's requirements for special work or materials, finishes, cabinetry details, sections or installations other than the Building Standards (unless such materials are regularly used in construction) or Tenant's requirements for special construction or phasing (and elevations on or before Tenant is so notified by Landlord that such will delay the dates set forth above, scheduled Commencement Date); (iii) Above-Standard Suite Improvements requested by Tenant, (ive) any changes required by the fire department, building or modifications in planning department, building inspectors or any other agency having jurisdiction over the work requested by Building, the Work and/or the Tenant following approval of the Final Construction Documents (v) Improvements if such changes are directly attributable to Tenant's early entry onto use or Tenant's specialized tenant improvements; (f) the Premises as described in Paragraph 3 hereofcompletion of any work associated with Tenant's Installations, or (vi) any other delay requested or caused by Tenant (collectivelyincluding without limitation, ".Tenant Delays"). Notwithstanding the foregoingTenant's high-pile storage requirements, no Tenant Delay shall be deemed to have occurred unless and until Landlord gives writ-ten notice to Tenant specifying the action, inaction or occurrence constituting the Tenant Delay and the number of days of such Tenant Delay ("Tenant Delay Notice"). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993Tenant's racking systems, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, shall not require from Landlord written notice, but shall automatically be considered a Tenant Delay, and the number of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlord.work
Appears in 1 contract
Samples: Lease Agreement (New Focus Inc)
Tenant Delays. Landlord and Tenant shall acknowledge that the date on which Tenant's obligation to pay rent under the Lease would otherwise commence may be responsible for, and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delayed because of a delay in the commencement or completion of any Suite construction of the Improvements and any increase in the cost of Suite Improvements (whether or not, Above-Standard) caused by due to (i) Tenant's failure to cause submit to Landlord plans and specifications for the Space Planner to deliver Improvements by the item described above within due date set in the rise periods required abovePerformance Schedule, (ii) the Tenant's failure of Landlord to receive Final Construction Documents, finishes, cabinetry details, sections and elevations on give any necessary approval or before consent by the dates set forth aboveherein, (iii) Above-Standard Suite Improvements requested any act by Tenant which interferes with or delays construction of the Improvements, including Tenant's entry to install trade fixtures pursuant to paragraph 10 hereof, (iv) any changes or changes, modifications and/or additions in the work Improvements requested by Tenant following approval of the Final Construction Documents and approved by Landlord, or (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 early entry onto obligation to pay rent under the Premises as described in Paragraph 3 hereof, Lease not be delayed by any of such causes or (vi) by any other act of Tenant (except as expressly provided herein) 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 requested or caused by Tenant, provided that within a reasonable period of time after learning of the occurrence of the cause of any such delay, Landlord notifies Tenant (collectively, ".Tenant Delays"). Notwithstanding in writing of the foregoing, no Tenant Delay shall be deemed to have fact that such delay has occurred unless and until Landlord gives writ-ten notice to Tenant specifying the action, inaction or occurrence constituting the Tenant Delay and the number known or anticipated extent of days of any such Tenant Delay ("Tenant Delay Notice"). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, shall not require from Landlord written notice, but shall automatically be considered a Tenant Delay, and the number of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlorddelay.
Appears in 1 contract
Samples: Lease Agreement (Quantum Corp /De/)
Tenant Delays. Tenant shall be responsible for, and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay in the commencement or completion of any Suite Tenant Improvements and any increase in the cost of Suite Tenant Improvements (whether or not, Above-Standard) caused by (i) Tenant's failure to cause comply with the Space Planner deadlines set forth in Paragraph 2.a. above with regard to deliver the item described above within preparation or approval of the rise periods required aboveworking plans and specifications, (ii) any Changes requested by Tenant in the failure of Landlord to receive Tenant Approved Plans or, once approved, the Final Construction Documents, finishes, cabinetry details, sections and elevations on Plans (including any cost or before the dates set forth abovedelay resulting from proposed changes that are not ultimately made), (iii) Above-Standard Suite any failure by Tenant to timely pay any amounts due from Tenant hereunder, including any additional costs resulting from any Change (it being acknowledged that if Tenant fails to make or otherwise delays making such payments, Landlord may stop work on the Tenant Improvements requested by Tenantrather 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), (iv) any changes or modifications the inclusion in the work requested by Tenant following approval Improvements of the Final Construction Documents 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), (v) Tenant's early entry onto failure to respond within three (3) Business Days to reasonable inquiries by Landlord or Contractor regarding the Premises as described in Paragraph 3 hereofconstruction of the Tenant Improvements, or (vi) any other delay requested or caused by Tenant (collectively, ".Tenant Delays")Tenant. Notwithstanding Each of the foregoing, no Tenant Delay shall be deemed foregoing is referred to have occurred unless and until Landlord gives writ-ten notice to Tenant specifying the action, inaction or occurrence constituting the Tenant Delay and the number of days of such Tenant Delay (herein as a "Tenant Delay NoticeDelay."). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, shall not require from Landlord written notice, but shall automatically be considered a Tenant Delay, and the number of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlord.
Appears in 1 contract
Samples: Office Lease (Kitara Media Corp.)
Tenant Delays. Tenant shall be responsible for, and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay in the commencement or completion of any Suite the Tenant Improvements and any increase in the cost of Suite the Tenant Improvements (whether or not, Above-Standard) caused by (i) Tenant's failure to cause any Changes requested by Tenant in the Space Planner to deliver the item described above within the rise periods required aboveFinal Plans (including any cost or delay resulting from proposed changes that are not ultimately made), (ii) any failure by Tenant to timely pay any amounts due from Tenant hereunder, including any additional costs resulting from any Change (it being acknowledged that if Tenant fails to make or otherwise delays making such payments, Landlord may stop work on the failure of Landlord Tenant Improvements rather than incur costs which Tenant is obligated to receive Final Construction Documents, finishes, cabinetry details, sections fund but has not yet funded and elevations on or before the dates set forth aboveany delay from such a work stoppage will be a Tenant Delay), (iii) Abovethe inclusion in the Tenant Improvements of any so-Standard Suite Improvements requested by Tenantcalled “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) any changes Tenant’s failure to respond within three (3) business days to reasonable inquiries by Landlord or modifications in Contractor regarding the work requested by Tenant following approval construction of the Final Construction Documents (v) Tenant's early entry onto the Premises as described in Paragraph 3 hereofTenant Improvements, or (viv) any other delay requested or caused by Tenant (collectively, ".Tenant Delays")Tenant. Notwithstanding Each of the foregoing, no Tenant Delay shall be deemed foregoing is referred to have occurred unless and until Landlord gives writ-ten notice to Tenant specifying the action, inaction or occurrence constituting the Tenant Delay and the number of days of such Tenant Delay ("Tenant Delay Notice"). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, shall not require from Landlord written notice, but shall automatically be considered herein as a “Tenant Delay, and the number of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlord”.
Appears in 1 contract
Tenant Delays. If the conditions for establishing the Occupancy Date or any other Condition are delayed due to a delay in constructing Land Improvements or Base Building Improvements as a result of any of the following (collectively, "Tenant Delays"), and such delay could not have been mitigated by Landlord using commercially reasonable measures (provided that Landlord shall have no obligation to mitigate delays caused by Tenant's failure to meet a specific deadline set forth herein or in the construction schedule), then the Initial Window Date for each Condition which has not been satisfied shall be responsible forextended by the length of such delay, and the Rent Commencement Date shall pay be adjusted to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay in reflect what the commencement or completion of any Suite Improvements and any increase in the cost of Suite Improvements Rent Commencement Date would have been if there had been no Tenant Delays: (whether or not, Above-Standard) caused by (ia) Tenant's failure to cause the Space Planner submit any component of Tenant's Plans or any other items to deliver the item described above within the rise periods required abovebe delivered under this Work Letter, (ii) the failure of Landlord to receive Final Construction Documents, finishes, cabinetry details, sections and elevations on or before the dates set forth aboveor time periods called for, unless such delay results directly from Landlord's delay in providing Landlord's Core Drawings; (iii) Above-Standard Suite Improvements requested by Tenant, (ivb) any Tenant Modifications which require changes to the Base Building Improvements or modifications in the work requested by Tenant following approval of the Final Construction Documents Land Improvements; (vc) Tenant's early entry onto or Tenant's Contractor's, subcontractors' or suppliers' failure to comply with Landlord's contractor's schedule or rules of the Premises as described in Paragraph 3 hereof, or site; (vi) any other delay requested or caused by Tenant (collectively, ".Tenant Delays"). Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless and until Landlord gives writ-ten notice to Tenant specifying the action, inaction or occurrence constituting the Tenant Delay and the number of days of such Tenant Delay ("Tenant Delay Notice"). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, shall not require from Landlord written notice, but shall automatically be considered a Tenant Delay, and the number of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlord.
Appears in 1 contract
Tenant Delays. Tenant shall be responsible for, As used herein and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay in the commencement or completion of any Suite Improvements Lease, “Tenant Delays” shall mean and any increase in the cost of Suite Improvements (whether or not, Above-Standard) caused by include (i) Tenant's ’s failure to cause the Space Planner submit necessary information to deliver the item described above within the rise periods Landlord when required above, by this Agreement; (ii) Tenant’s failure to promptly review and approve the failure of Landlord to receive Final Construction Documents, finishes, cabinetry details, sections and elevations on or before plans for the dates set forth above, Tenant Improvements in accordance with this Agreement; (iii) Above-Standard Suite any act by Tenant which materially interferes with or delays the completion of the plans for the Tenant Improvements requested by Tenant, or Landlord’s construction work; (iv) any changes or modifications in the work change orders requested by Tenant following approval of the Final Construction Documents and approved by Landlord; (v) Tenant's early entry onto 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, provided that Landlord shall promptly notify Tenant if Landlord determines that the Premises as described in Paragraph 3 hereof, special materials or equipment cannot be obtained by Landlord at normal cost within a reasonable period of time; (vi) any other delay requested or default by Tenant in paying its share of the estimated cost of construction of Tenant Improvements; (vii) any delay caused by Tenant (collectivelyobtaining required Hazardous Materials or other environmental permits, ".Tenant Delays"). Notwithstanding consents, or permissions or dealing with the foregoingCity of Sunnyvale, no Tenant Delay shall be deemed to have occurred unless and until Landlord gives writ-ten notice to Tenant specifying or otherwise concerned with the actionuse of the Premises by Tenant, inaction or occurrence constituting the Tenant Delay and the number of days of such Tenant Delay ("Tenant Delay Notice"). Failure of Tenant to deliver signed and approved Construction Documents to Landlord by August 31, 1993, and or signed and approved drawings with finishes, cabinetry details and sections on or before September 7, 1993, but which shall not require from Landlord written notice, but shall automatically be considered include any delays as a Tenant Delay, result of the presence of Hazardous Materials in the Project as of the Effective Date; and (viii) Tenant’s failure to observe the number time deadlines set in this Agreement for Tenant’s performance and participation in the planning process and granting of days of such Tenant Delay shall equal the number of days after August 31, 1993 and September 7, 1993, to and including the date the signed and approved Construction Documents are given to Landlordapprovals.
Appears in 1 contract
