Force Majeure Delay Days has the meaning set forth in Section 3.2(b)(v) hereof.
Force Majeure Delay Days means the number of days that the construction or development of the Cxxxx Xxxxx-designed resort casino within the Project was delayed as a result of Force Majeure,
Force Majeure Delay Days means any delay in Landlord’s tendering possession of the Premises to Tenant for the reasons specified in Section 25.3 of this Lease. Notwithstanding the foregoing, if Landlord does not deliver the Premises to Tenant by the Delayed Delivery Termination Date (defined below), Tenant may terminate this Lease by delivering to Landlord written notice thereof at any time before the earlier of (1) ten days following the Delayed Delivery Termination Date or (2) the date on which Landlord delivers the Premises to Tenant in the condition required by this Lease. The termination right afforded to Tenant under this Section 3 shall be Tenant’s sole remedy for Landlord’s failure to timely deliver the Premises to Tenant. Time is of the essence for the delivery of Tenant’s termination notice under this Section 3; accordingly, if Tenant fails timely to deliver any such notice, Tenant’s right to terminate this Lease under this Section 3 shall expire. As used herein, “Delayed Delivery Termination Date” means 365 days after the Estimated Delivery Date. The abatement rights and termination rights afforded to Tenant under this Section 3 shall be Tenant’s sole remedies for Landlord’s failure to timely tender possession of the Premises to Tenant. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to Landlord’s completion of the Landlord Work (as defined in Exhibit D hereto) and punch-list items that remain to be performed by Landlord, if any. Upon Landlord’s request, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming the Commencement Date and the expiration date of the initial Term, that Tenant has accepted the Premises, and that Landlord has performed all of its obligations with respect to the Premises (except DMWEST #36871000 v9 0 XXXXX XXXX XXXXXXX, XX 00000 for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Date shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent and before Tenant may occupy the Premises to conduct business therein, Tenant shall, at its expense, obtain and deliver to Landlord a certificate of occupancy from the appropriate governmental a...
Examples of Force Majeure Delay Days in a sentence
In no case, other than as may be caused by Force Majeure Delay Days or Tenant Delay Days, shall Landlord take longer than 60 days after agreement thereon to accomplish items on the punchlist.
As used herein, “Completion Abatement Date” means the Estimated Commencement Date plus the number of days of Tenant Delays and the number of Force Majeure Delay Days.
The Term Loan is evidenced by and shall be payable and otherwise be made on the terms set forth in the Term Note made by Borrower to the Lender and on the terms established in this Loan Agreement.
As used herein, “Abatement Date” means the Estimated Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days.
As used herein, “Liquidated Damages Date” means the date on which the Full Abatement Period terminates, plus the number of Force Majeure Delay Days and the number of Tenant Delay Days; and “Force Majeure Delay Days” means any delay in Landlord’s tendering possession of the Premises to Tenant for the reasons specified in Section 25.3 of this Lease.
More Definitions of Force Majeure Delay Days
Force Majeure Delay Days means any delay in achieving Substantial Completion with respect to the Work for the reasons specified in Section 25.3 of the Original Lease. Within ten business days following Landlord’s written request therefor, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit C hereto confirming (i) the Effective Date, (ii) that Tenant has accepted the Relocation Premises, and (iii) that Landlord has performed all of its obligations with respect to the Relocation Premises (except for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Effective Date or otherwise invalidate the Lease or this Amendment.
Force Majeure Delay Days means any delay in achieving Substantial Completion with respect to the Work for the reasons specified in Section 23 .(c) of this Lease. By occupying the Premises (other than the early access into the Premises pursuant to Section 29 hereof prior to the Commencement Date for the purpose of preparing the Premises for Tenant’s occupancy), Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Tenant shall execute and deliver to Landlord, within ten days after Landlord has requested the same, a letter substantially in the form of Exhibit C hereto confirming (i) the Commencement Date and the expiration date of the initial Term, (ii) that Tenant has accepted the Premises, and (iii) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter).
Force Majeure Delay Days means any delay in achieving Substantial Completion with respect to the Work for the reasons specified in Section 25.3 of this Lease. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Prior to occupying the Premises, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming (3) the Commencement Date and the expiration date of the initial Term, (4) that Tenant has accepted the Premises, and (5) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Xxxx shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent. 1 000 XXXXXXXX XXXXXX XXXXXX, XX 00000
Force Majeure Delay Days means any delay in achieving Substantial Completion with respect to the Work due to the events specified in Section 25.(c) of this Lease provided such events are not reasonably (i) foreseeable and (ii) preventable, by Landlord. If this Lease is terminated by Tenant pursuant to this Section 3.(b)(2), Landlord shall refund to Tenant the first monthly installment of Basic Rent delivered to Landlord pursuant to Section 4.(a) and reimburse Tenant for all reasonable architectural and attorney fees incurred by Tenant in connection with this Lease and the Working Drawings, up to a maximum of $75,000, within 30 days after delivery to Landlord of a statement of such costs.
Force Majeure Delay Days means any delay in the Commencement Date as a result of a Force Majeure Event.
Force Majeure Delay Days means each day of delay in the performance of the Work that occurs for the reasons specified in Section 25.3 of this Lease. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Prior to occupying the Premises, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming (A) the Commencement Date and the expiration date of the initial Term, (B) that Tenant has accepted the Premises, and (C) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter that are the responsibility of Landlord pursuant to the express terms and conditions of this Lease); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Date shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent and before Tenant may occupy the Premises to conduct business therein, Tenant shall, at its expense, obtain and deliver to Landlord a certificate of occupancy from the appropriate governmental authority for the Premises. 1 0000 XXXXXXXX XXXXXXX – XXXXX XXXXXXXX XXXXX, XX 00000 4812-0074-7958.V2
Force Majeure Delay Days means each day of delay in achieving Substantial Completion of the Tenant Improvements for the reasons specified in Section 6.8 of this Lease.