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 the number of days of delay for Substantial Completion caused by Force Majeure Events. "Force Majeure Event" means any strike, riot, act of God, shortage of labor or materials, war, governmental law, regulation, or restriction, or any other cause of any kind whatsoever which is beyond the reasonable control of Landlord. "Tenant Delay Days" means the number of days of delay for Substantial Completion caused by (a) any acts of a Tenant Party, (b) changes requested by Tenant in the approved Interior Drawings, or (c) any specifications by Tenant of materials or installations which are not readily available. If Substantial Completion is delayed because of Tenant Delay Days, then the Term Commencement Date shall not be extended, but rather shall start on the date on which Substantial Completion would have occurred but for such Tenant Delay Days. As a clarification to the foregoing, and notwithstanding the provisions of Section 2.3(c) hereof setting forth certain review and response periods with respect to the Interior Drawings, if Tenant for any reason fails to deliver to Landlord, on or before Friday, January 9, 1998, preliminary plans for the Interior Improvements ("Tenant's Preliminary Plans") in form reasonably satisfactory for Landlord to prepare (or cause its architect to prepare) the Interior Drawings, each day after January 9, 1998, for which Xxxxxx fails to furnish Tenant's Preliminary Plans to Landlord shall be a Tenant Delay Day for purposes of determining the Term Commencement Date hereunder; if Tenant for any reason fails to approve Landlord's initial Interior Drawings (prepared in accordance with Tenant's Preliminary Plans) within five (5) business days after the date Landlord delivers such initial Interior Drawings to Tenant, each day after such fifth day until Tenant finally approves the Interior Drawings shall be a Tenant Delay Day for purposes of determining the Term Commencement Date hereunder; and if Tenant at any time after submission of Xxxxxx's Preliminary Plans to Landlord changes any item with respect to the Tenant's Preliminary Plans, the number of days of delay caused thereby shall constitute Tenant Delay Days for purposes of determining the Term Commencement Date hereunder.
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, "Liquidated Damages Date" means the next succeeding date after the Estimated Delivery Date, plus the number of Tenant Delay Days, if any and the number of Force Majeure Delay Days (as defined in EXHIBIT D hereto), such Force Majeure Delay Days not to exceed 60 days for purposes of determining the Liquidated Damages Date.
As used herein, "LIQUIDATED DAMAGES DATE" means the Estimated Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days.
Because sufficient evidence supports a finding that Quintanilla defrauded cross appellees, he may be held liable in his individual capacity.
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 each day of delay in achieving Substantial Completion of the Tenant Improvements for the reasons specified in Section 6.8 of this Lease.
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 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 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 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 the number of days ------------------------ of delay for Substantial Completion caused by Force Majeure Events. "TENANT ------ DELAY DAYS" means the number of days of delay for Substantial Completion caused ---------- by (1) any acts of a Tenant Party, (2) changes requested by Tenant in the approved Shell Plans or approved Interior Drawings, or (3) any specifications by Tenant of materials or installations which are not readily available. If Substantial Completion is delayed because of Tenant Delay Days, then the Commencement Date shall not be extended, but rather shall start on the date on which Substantial Completion would have occurred but for such delay days. The termination right herein provided shall be Tenant's sole remedy for Landlord's failure to cause Substantial Completion to occur by the Termination Date.
Force Majeure Delay Days means any delay in tendering possession of the Second Expansion Premises for the reasons specified in Section 25.3 of the Original Lease. Should Tenant timely exercise its termination right pursuant to this Section 7, Landlord shall reimburse Tenant (following Landlord’s receipt of reasonable back-up documentation with respect thereto) for all of Tenant’s reasonable and customary out-of-pocket costs incurred with respect to the Second Expansion Premises, including architectural fees, engineering fees, construction management fees and legal fees associated with the negotiation of this Amendment; provided, that fees incurred by Tenant with respect to the Work shall be capped at $60.00 per rentable square foot in the portion(s) of the Second Expansion Premises previously Substantially Completed (e.g., given that the Second Expansion Construction Allowance is $37.50 per rentable square foot in such portions of the Second Expansion Premises [as more particularly described in Exhibit B hereto], if Tenant actually spends $100.00 per rentable square foot in such portion, then of the $62.50 per rentable square foot in such portion that Tenant incurred as out-of-pocket expenses, only $22.50 per rentable square foot in such portion shall be reimbursable by Landlord). For the avoidance of doubt, should Landlord be obligated to make any such reimbursements, such obligation shall not extend to any amounts expended with respect to the Existing Premises, whether pursuant to the Refurbishment Allowance (defined below) or otherwise.