Landlord Caused Delay means any delay caused by any improper act(s) or omission(s) of Landlord. If and only if the Tenant Improvements remain in a substantially incomplete state in all portions of the Premises as of the Outside Tenant Improvements Completion Date and such situation is due to one or more Force Majeure Matter(s) or one or more improper acts or omissions of Landlord, then in such case the Rent Commencement Date shall be deferred by one (1) day for each one (1) day of such delay so caused, and the Termination Date shall be deferred by the same number of days as the Rent Commencement Date; otherwise, there shall be no deferral of the Rent Commencement Date. Additionally, in such case, if the Rent Commencement Date falls on a day other than the first day of a calendar month, the Termination Date shall be the last day of the calendar month during which the fifteenth (15th) anniversary of the Rent Commencement Date occurs. Notwithstanding the foregoing, in no event shall the Rent Commencement Date be deferred as a result of Force Majeure Delay(s) if (x) Tenant has failed to submit the Tenant Improvements Plans and Specifications for each floor of the Premises to Landlord for review and approval in accordance with Exhibit C-2 on or before the Tenant Improvements Plans and Specifications Submittal Deadline Date and (y) it would have been reasonably possible to substantially complete the Tenant Improvements (or the relevant portion thereof) on or prior to the Outside Tenant Improvements Completion Date, notwithstanding the occurrence of such Force Majeure Delay(s), but for Tenant’s failure to timely submit the Tenant Improvements Plans and Specifications, or the relevant portion thereof, to Landlord for review and approval.
Landlord Caused Delay means actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings in the time periods specified above; (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the Building (including loading docks and freight elevators) or service during normal construction hours, or the use thereof during normal construction hours (including as resulting from Landlord's continuing construction of the Base Building or any aspect thereof after the date upon which Tenant commences construction of the Tenant Improvements, provided that Tenant and Tenant's Agents reasonably cooperate with Landlord and Landlord's contractors to schedule such work); (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof, or any other breach of the terms of the Lease or this Tenant Work Letter by Landlord; (iv) the presence of any hazardous materials in violation of applicable law; (v) Landlord's failure to deliver the Premises to Tenant in the time periods specified herein or in the condition required hereunder; or (vi) other provisions of the Lease specifying Landlord Delays.
Landlord Caused Delay means the following to the extent actually causing delays in the completion of the Tenant Improvements (i) failure of Landlord to timely approve or disapprove any Final Plans or change orders or any other items set forth in this Work Letter requiring Landlord’s approval within time periods set forth in this Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved); (ii) delays due to the wrongful acts or failures to act of Landlord or its property management company, including, without limitation, with respect to payment of the Tenant Improvement Allowance even though all disbursement requests have been satisfied; (iii) material and unreasonable interference by Landlord, its agents or Landlord Affiliates (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, or Tenant’s Contractor or Tenant’s agents to the Building or any Building facilities (including loading docks and elevators but in each case subject to the availability of such loading docks and elevators and Landlord’s scheduling requirements with respect thereto) or service and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iv) Landlord’s failure to deliver the Premises in Base Building Condition as and when required or to timely complete any work required to be completed by Landlord; (v) delays due to Material Latent Defects; and (vi) the discovery by Tenant of Hazardous Materials in the Premises that were not brought into the Premises by Tenant or its agents, contractors, subcontractors or employees. If Tenant contends that a Commencement Date Delay has occurred, Tenant shall notify Landlord in writing of (i) the event which constitutes such Commencement Date Delay and (ii) the date upon which such Commencement Date Delay is anticipated to end. In connection with any Commencement Date Delays, if such actions, inaction or circumstance described in the Notice (the “Delay Notice”) are not cured by Landlord within two (2) business days of Landlord’s receipt of the Delay Notice and if such action, inaction or circumstance otherwise qualify as a Commencement Date Delay, then a Commencement Date Delay shall be...
Examples of Landlord Caused Delay in a sentence
If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay.
Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs.
If such actions, inaction or circumstance described in the notice (the "Landlord Delay Notice") are not cured by Landlord within one (1) business day of Landlord’s receipt of the Landlord Delay Notice and if such action, inaction or circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s receipt of the Landlord Delay Notice and ending as of the date such delay ends.
If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Landlord Caused Delay.
If such actions, inaction or circumstance described in the Delay Notice are not cured by Landlord within one (1) business day of Landlord’s receipt of the Delay Notice and if such action, inaction or circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s receipt of the Delay Notice and ending as of the date such delay ends.
More Definitions of Landlord Caused Delay
Landlord Caused Delay means actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Improvements and which objectively preclude or delay the construction of Improvements in the Building by any person, which interference relates to access by Xxxxxx, or Xxxxxx’s Agents to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.
Landlord Caused Delay means actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, or the Contractor to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance.
Landlord Caused Delay is defined in Section 3.1(a) herein.
Landlord Caused Delay means any delay for a reason other than a “Tenant Caused Delay” (as defined in the Work Letter) or a “Force Majeure Delay” (as defined in the Work Letter).
Landlord Caused Delay means actual delays to the extent resulting from (i) the failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter); (iii) any other act or omission of Landlord or any Landlord Party in violation of the Lease or this Tenant Work Letter which actually delays construction of the Tenant Improvements; or (iv) delays in construction of the Tenant Improvements due to failure of the Base Building to be constructed in accordance with applicable Laws.
Landlord Caused Delay means any actual delay resulting from the acts or omissions of Landlord or Construction Manager which causes the Substantial Completion of the Premises to occur after January 1, 2003 (except to the extent such Landlord Caused Delay results from the occurrence of a Tenant Delay), including, but not limited to, (i) failure of Landlord to timely approve or disapprove any Construction Drawings; and (ii) delays due to the acts or failures to act of Landlord, Construction Manager, or their agents and/or contractors with respect to payment of the Tenant Improvement Allowance and/or any cessation of work upon the Tenant Improvements as a result thereof.
Landlord Caused Delay means only an actual delay resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; or (ii) material interference by Landlord, its agents or contractors with the completion of the Tenant Improvements and which stop, hinder or delay construction of the Tenant Improvements and/or delivery and installation of furniture or equipment in the Building by Tenant or any material interference with access by Tenant, its agents and contractors to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during or after construction hours.