TENANT'S DELAYS Clause Samples
The "Tenant's Delays" clause defines how delays caused by the tenant are handled within the context of a lease or construction agreement. It typically outlines what constitutes a tenant-caused delay, such as late submission of plans, failure to provide necessary approvals, or not meeting scheduled deadlines for tenant-related work. The clause may specify that any such delays can extend the landlord's performance timelines or shift responsibility for additional costs to the tenant. Its core practical function is to allocate risk and responsibility for project or occupancy delays, ensuring that the landlord is not penalized for setbacks outside their control.
TENANT'S DELAYS. The delays referred to in paragraph (a) are herein referred to collectively and individually as "Tenant's Delay":
(a) If a delay shall occur in the Substantial Completion Date beyond the Scheduled Commencement Date as the result of:
(i) any delay by Tenant in approving the Data Center Plans and/or the Premises Plans beyond the periods set forth in Section 4.2 above; or
(ii) any request by Tenant that Landlord delay the commencement or completion of Landlord's Work for any reason; or
(iii) any reasonably necessary displacement of any of Landlord's Work from its place in Landlord's construction schedule resulting from any of the causes for delay referred to in this paragraph (a) and the fitting of such Landlord's Work back into such schedule; and if Landlord shall notify Tenant of such delay within two (2) days of the commencement of such delay (which notice shall include the estimated duration of such delay), then such delay shall constitute a Tenant Delay; provided, however, if Landlord fails to give Tenant notice of a delay within said two (2) day period, then such delay shall not constitute a Tenant Delay for the purposes of this Lease. The parties agree that the Substantial Completion Date shall be deemed accelerated by the actual number of days of delay attributable to Tenant Delays.
(b) In addition, if Landlord notifies Tenant in a Change Order of an estimated delay in the substantial completion of Landlord's Work beyond the scheduled Substantial Completion Date due to the work described in said Change Order, and if a delay actually occurs, then such delay shall constitute a Tenant Delay and the Substantial Completion Date shall be deemed accelerated by the actual number of days of delay attributable to such Change Order.
TENANT'S DELAYS. As provided in Section 3.3 of the Lease, the Term of the Lease (and therefore Tenant's obligation for the payment of Rent) will not commence until Landlord has substantially completed all work to be performed by Landlord as stated in Paragraph 8 above; provided, however, that if Landlord is delayed in Substantially Completing such work, or in obtaining a certificate of occupancy, if required by the applicable governmental authority, as a result of:
(a) any Tenant delays described in Paragraphs 5, 6 or 7 above;
(b) Tenant's request for materials or installations as a part of the Leasehold Improvements that are other than Building standard materials or installations that take longer to process or install than Building Standard materials or installation;
(c) any Change Orders or changes in any drawings, plans or specifications requested by Tenant;
(d) Tenant's failure to review, confirm or approve in a timely manner any item requiring Tenant's review, confirmation or approval;
(e) performance of any Additional Tenant Work or any failure to complete or delay in completion of such work; or
(f) any other act or omission of Tenant or Tenant's architects, engineers, contractors or subcontractors (all of which will be deemed to be delays caused by Tenant), then the Commencement Date will only be extended under Section 3.3 of the Lease until the date on which Landlord would have substantially completed the performance of such work but for such delays.
TENANT'S DELAYS. As provided in Section 3.2, the Initial Term of the Lease (and therefore Tenant's obligation for the payment of Rent) will not commence until Landlord has Substantially Completed Landlord's Work; provided, however, that if Landlord is delayed in causing Landlord's Work to be Substantially Completed as a result of: (a) any Tenant delays described in Sections 3.5, 3.6, 3.7, 3.8, 3.9 or 3.10; (b) any Change Orders or changes in any drawings, plans or specifications requested by Tenant; (c) Tenant's failure to review or approve in a timely manner any item requiring Tenant's review or approval; or (d) any other act or omission of Tenant or Tenant's architects, engineers, contractors or subcontractors (all of which will be deemed to be delays caused by Tenant), then the Commencement Date will only be extended under Section 3.2 until the date on which Landlord would have Substantially Completed the performance of such work but for such delays. The aggregate Tenant delays described in this Section 3.12 will be reduced by the number of days deducted from the construction schedule on account of Change Orders requested by Tenant. As a condition to claiming a delay by Tenant, Landlord will advise Tenant of the circumstances giving rise to the claim within 10 Business Days after they arise and will advise Tenant of the cost that Tenant can pay at that time to effect any available remedy to eliminate such delay (such as, e.g., overtime work).
TENANT'S DELAYS. Exhibit D Tenant's Improvements..........................................................................12
TENANT'S DELAYS. As provided in Section 3.2, the Delivery Date will not occur until Landlord has Substantially Completed Landlord's Work; provided, however, that if Landlord is delayed in substantially completing Landlord's Work as a result of: (a) any Tenant delays described in Sections 3.5, 3.6, 3.8, 3.9 or 3.10; (b) any Change Orders or changes in any drawings, plans or specifications requested by Tenant; (c) Tenant's failure to review or approve in a timely manner any item requiring Tenant's review or approval; or (d) any other act or omission of Tenant or Tenant's architects, engineers, contractors or subcontractors (all of which will be deemed to be delays caused by Tenant), then the Delivery Date will only be extended under Section 3.2 until the date on which Landlord would have Substantially Completed the performance of such work but for such delays.
TENANT'S DELAYS. As provided in this Work Letter, the Commencement Date (and therefore Tenant’s obligation for the payment of Rent) will not occur until all work to be performed by Landlord has been Substantially Completed; provided, however, that if the Tenant Improvements are not Substantially Completed as a result of: (a) any of Tenant’s delays described in Paragraphs 7, 8 or 9 above; (b) Tenant’s selection of materials or installations as a part of the Tenant Improvements that are other than Building Standard materials or installations and result in additional procurement, construction or installation times; (c) any Change Orders or changes in any drawings, plans or specifications requested by Tenant as described in Paragraph 11 regardless of whether such Change Orders or other changes are approved by Landlord, to the extent progress of work to be performed by Landlord is halted;
TENANT'S DELAYS. For purposes of this Lease, “Tenant’s Delays” shall mean any and all delays caused by or directly attributable to any action or failure or refusal of Tenant to perform a duty of, Tenant or any person claiming through or under Tenant, or any agent, servant, employee, director, shareholder, contractor or invitee of Tenant or any such person, including, but not limited to, (i) delay or failure by Tenant in supplying information, approving estimates or giving authorizations, which delay or failure continues for three (3) days after notice thereof is given to Tenant (unless the delay or failure is not susceptible of cure within said three (3) days, in which event said three (3) day period shall be extended as reasonably necessary); (ii) Tenant’s making changes or additions in the plans or materials originally approved for Landlord’s Work; or (iii) interference by Tenant, ▇▇▇▇▇▇’s architect or ▇▇▇▇▇▇’s contractors with the performance of ▇▇▇▇▇▇▇▇’s Work (which interference continues for three (3) days after notice thereof is given to Tenant).
TENANT'S DELAYS. Tenant's obligation to pay rent under the Lease shall not commence until Landlord shall have substantially completed the Tenant's Work and the commencement of the Term of the Lease shall be delayed until the Tenant's Work is completed; provided, however, if Landlord shall be delayed in substantially completing the Premises as a result of any or all of the following, the commencement of the term of the Lease and the payment of rent thereunder shall not be affected or deferred on account of such delay:
▇. ▇▇▇▇▇▇'s failure to furnish promptly information concerning Tenant's requirements to Consultants or the delivery of any Tenant Construction Plans after the Plans Due Date; or
B. Tenant's failure to approve the Estimate and pay the applicable portion of the costs of the Tenant's Work within the applicable time set forth in Article I hereof; or
C. Any change to the Tenant's Work; or
D. The performance or completion by ▇▇▇▇▇▇, or any person, firm or corporation employed by Tenant, of any work on or about the Premises; or
E. Any other act or omission by Tenant or its agents;
TENANT'S DELAYS. If Landlord is delayed in tendering the Expansion Premises as a result of:
(a) Tenant's request for materials or installations as a part of the Expansion Premises that are other than building standard items (except as may be included with the Expansion Improvements);
(b) Tenant's request for changes in any drawing, plans or specifications;
(c) Any other act or omission of Tenant (all of which shall be deemed to be delays caused by Tenant). then the Delivery Date shall only be extended pursuant to Paragraph 2 of this Amendment until the date on which Landlord would have been able to tender the Premises but for such delays.
TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date solely as the result of:
(i) any request by Tenant that Landlord delay in the commencement or completion of Landlord's Work for any reason;
(ii) any material change by Tenant in any of Tenant's Layout Plan; or
(iii) any other act or omission of Tenant or its officers, agents, servants or contractors outside of the ordinary scope of Tenant's performance of its obligations under this Lease; then the Substantial Completion Date shall be deemed to occur on the date it would otherwise have occurred but for such delay.
(b) The delays referred to in paragraph (a) are herein referred to collectively and individually as "Tenant's Delay".
(c) The Construction Completion Date shall automatically be extended for the period of any delays caused by ▇▇▇▇▇▇'s Delay(s) or Force Majeure.