Tenant's Delay. (a) Any delay that shall occur in the Substantial Completion Date as the result of the following shall be a Tenant’s Delay: any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason;
(i) any change made or requested by Tenant in any of Landlord’s Plans
(ii) any special requirements of Tenant not in conformity with Landlord’s Plans;
(iii) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or
(iv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5.
(b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Tenant’s Delays described in paragraph (a) of this Section 5, such delay shall be deemed added to Tenant’s Delays described in that paragraph.
(c) In addition to Landlord’s other rights and remedies under prevailing circumstances, the Expansion Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment shall be reduced by the number of days the Expansion Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and Tenant shall be obligated to commence the payment of Rent on the date Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force Majeure.
(d) If, as a result of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall not be required to) at any time thereafter terminate the First Amendment by giving written notice of such termination to Tenant, and thereupon the First Amendment shall forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendment, including, without limitation, brokerag...
Tenant's Delay. If Landlord's Contractor shall be delayed in substantially completing the Base Building Improvements as a result of: (a) Tenant's failure to timely approve the Tenant Improvement Working Drawings; (b) Tenant's revisions to the Approved Tenant Improvement Working Drawings which require modification to the Base Building Improvements; (c) Tenant's interference with Landlord's Contractor's schedule through Tenant's Work; (d) Change Orders; or (e) delays caused by Tenant in Landlord's construction (all of the foregoing being referred to herein collectively as "Tenant's Delay"); then the Premises will be deemed to have been Ready for Occupancy (and Tenant's obligation to pay Base Rent shall be accelerated) one day earlier for each day of Tenant Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay by written notice to Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as the estimated number of days that substantial completion will be delayed by such Tenant Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion caused by the event or conduct constituting Tenant's Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify Tenant of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Lease.
Tenant's Delay. As provided in Section 5C of the Lease, the Term of the Lease (and therefore Tenant's obligation for the payment of Rent) shall not commence until Landlord has substantially completed all work to be performed by Landlord as set forth in paragraphs 2 and 5 above; provided, however, that if Landlord is delayed in substantially completing such work as a result of:
(a) Tenant's failure to furnish information in accordance with paragraph 3;
(b) Tenant's request for materials or installations as a part of the Tenant Improvements that are other than Landlord's Building standard materials or installations;
(c) Tenant's changes in any drawings, plans or specifications;
(d) The performance of any Additional Tenant Work or any failure to complete or delay in completion of such work; or delay in (d) The performance of any Additional Tenant Work or any failure to complete or completion of such work; or
(e) Any other act or omission of Tenant (all of which shall be deemed to be delays caused by Tenant), then the Commencement Date shall only be extended pursuant to Section 5C(1) of the Lease until the date on which Landlord would have substantially completed the performance of such work but for such delays. Postponement of the commencement of the Term shall be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of the Premises not being ready for occupancy by Tenant as of the originally scheduled Commencement Date set forth in Section 1A(1) of the Lease.
Tenant's Delay. The Developer shall give notice to the Tenant certifying the dates on which the Base Building Works Practical Completion Certificate would have been issued but for Tenant's Delay taking into account all periods of Tenant's Delay and all extensions of time already agreed or determined in respect of Tenant's Delay pursuant to Clause 5.4.3 and the other provisions of this Agreement each applied in accordance with the definition of Tenant's Delay ("Delay Notice"). In the event that the Tenant disputes the date referred to in such certificate within six (6) Working Days (failing which the Tenant shall be deemed to have accepted the relevant Delay Notice which shall be final and binding for the purposes of this Agreement) the matter shall be referred to an Independent Person acting as an expert in accordance with Clause 30.5. If the Independent Person determines that the Tenant's Delay Notice is incorrect then he shall certify the date upon which he considers the Base Building Works Practical Completion Certificate would have been issued but for Tenant's Delay taking account of all extensions of time already agreed or determined in respect of Xxxxxx's Delay pursuant to Clause 5.4.3 and the other provisions of this Agreement
Tenant's Delay. If construction of the ------------- Expansion Tenant Improvements is delayed or postponed by any delay caused by Tenant ("Tenant's Delay"), the Expansion Commencement Date shall be adjusted in accordance with the provisions of Paragraph 22.2(b)(2) above by the actual number of days by which Landlord`s substantial completion of the Expansion Tenant Improvements is delayed due to Tenant's delay.
Tenant's Delay. For purposes hereof, a “Tenant’s Delay” shall include the following: (i) Tenant’s failure to submit the Space Plan or approve the Working Drawings within the periods specified in Section 2. above, (ii) Tenant’s changes to the Space Plan or the Final Plans after Tenant’s initial approval thereof, (iii) any failure by Tenant to pay Construction Costs in excess of the Tenant Improvement Allowance, (iv) any work performed by Tenant in the Premises, or (v) any other material delay to the extent requested or caused by Tenant.
Tenant's Delay. (a) Any delay that shall occur in Landlord's performance of Landlord's Work as the result of any of the following matters shall be deemed a 'Tenant's Delay': (i) any request by the Tenant that the Landlord delay in the commencement or completion of Landlord's Work for any reason;
Tenant's Delay. If the Developer’s Works or any part or item of the Developer’s Works are or is delayed as a result of and properly attributable to the Tenant carrying out the Tenant’s Works then any such delay shall be deemed a Tenant’s Delay
Tenant's Delay. Tenant’s Delay will be defined as any delay in Substantial Completion of Landlord’s Work as a result of: (A) Tenant’s failure to furnish plans and specifications or provide any other reasonably requested information or approvals related to the furtherance of Landlord’s Work within five (5) business days following Landlord’s written request to Tenant for the same; (B) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (C) Tenant’s changes in said plans; (D) the performance or completion of any work, labor or services by a party employed by Tenant; or (E) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”).
Tenant's Delay. If the Base Building Works or any part or item of the Base Building Works are or is delayed as a result of and properly attributable to the Tenant carrying out the Tenant's Works or as a result of any errors or omissions in the Tenant's Plans or delay in submitting the Tenant's Plans to the Developer for approval then any such delay shall be deemed a Tenant's Delay.
