TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for the occurrence of any of the following:
(i) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason;
(ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request by Tenant for any change in any of the Plans after the date hereof;
(iii) any other act or omission of Tenant or its officers, agents, employees or contractors;
(iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards; or
(v) 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; then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Rent (without regard to any period of free rent) commenced immediately prior to such delay.
(b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be added to the delay described in paragraph (a).
(c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay.” The Construction Deadline shall automatically be extended one day for each day of Tenant’s Delay.
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. To the extent that the Commencement Date of the Term has not occurred because Landlord was delayed in substantially completing the Tenant Improvements as a result of the following (collectively, "Tenant Delays"):
(i) Tenant's failure to complete any action item on or before the due date which is the responsibility of Tenant to complete, or
(ii) Tenant's request for Changes or the construction of such Changes by Landxxxx, xx
(iii) Tenant's request for materials, finishes, or installations other than those specified and reasonably provided by Landlord, or
(iv) Any delay by Tenaxx xx making any payment(s) to Landlord, or
(v) Any act or failure to act by Tenaxx, Xxnaxx'x xmployees, agents, architects, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant, then then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter Agreement and regardless of the actual date of the Substantial Completion of the Premises, the Lease Commencement Date shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant delay or delays, as set forth above, had occurred. If Landxxxx'x xontractor is required to work beyond the anticipated Commencement Date as a result of Tenant-caused delays (then Tenant shall be responsible for and shall pay to Landlord upon completion of the Tenant Improvements the additional supervisory and general conditions costs incurred by Landlord.
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, Xxxxxx’s architect or Xxxxxx’s contractors with the performance of Xxxxxxxx’s Work (which interference continues for three (3) days after notice thereof is given to Tenant).
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. Except as provided in Paragraph 2 of the Lease, --------------- the Term of the Lease (and therefore Tenant's obligation for the payment of Base Rent) will not commence until the Premises are delivered to Tenant for occupancy; provided, however, that if Landlord is delayed in substantially completing such work as a result of:
(a) any Tenant delays described in Xxxxxxxxxx 0, 0, 0, 0, xx 0 xxxxx;
(x) Tenant's request for materials or installations as a part of the Leasehold Improvements that are other than Building Standard materials or installations;
(c) any Change Orders or changes in any drawings, plans or specifications requested by Tenant;
(d) Tenant's failure to review or approve in a timely manner any item requiring Tenant's review 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 be adjusted as provided in Paragraph 2 of the Lease and Landlord's obligations and responsibilities shall be extended as provided in Paragraph 4 of this Exhibit D.
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. Exhibit D Tenant's Improvements..........................................................................12
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. 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).
