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 or the Landlord Parties, including, without limitation, (i) except to the extent Landlord's approval under this Work Letter is deemed granted pursuant to the terms of this Work Letter, failure of Landlord to timely approve or disapprove the Space Plan, Construction Drawings, any Tenant Change, or any other plans or specifications for the Tenant Improvement Work within the time periods set forth in this Work Letter or the Lease, as applicable, or otherwise within a reasonable period of time; (ii) material and unreasonable interference by Landlord, its agents, or the Landlord Related Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Tenant Improvement Work and which objectively preclude or delay the construction of tenant improvements in the Building or any portion thereof, which interference relates to access by Tenant, or Tenant’s agents to the Building or any reasonably necessary Building facilities (including loading docks and freight elevators) or service and utilities (including temporary power and parking areas as provided herein) on a twenty-four (24) hour per day, seven (7) days per week, basis; (iii) a material breach by Landlord of a provision of this Work Letter or as specifically provided in this Work Letter; (iv) Landlord's failure to maintain a temporary or permanent certificate of occupancy or its alternative for the Building by the date of execution of this Lease; (v) Landlord's failure to deliver possession of the Substitution Space to Tenant in accordance with Section 2.1 B of the Second Amendment to which this Work Letter is a part; and (vi) delays due to the acts or failures to act of Landlord, its agents, employees or contractors, including Landlord’s failure to perform the Landlord Electrical Work (hereinafter defined) in a timely manner in accordance with a work schedule to be mutually agreed upon by Landlord and Tenant.
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 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 or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’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 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 (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015.
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 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 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 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 only (i) Landlord’s failure to approve or disapprove the Construction Drawings (or any material phase or component thereof) pursuant to Section 3 of Exhibit B within five (5) business days following Landlord's receipt thereof, and (ii) an actual delay resulting from a material interference by Landlord, its agents or contractors with the construction of the Tenant Alterations, which interference hinders the scheduled construction of the Tenant Alterations in the Third Expansion Space during normal construction hours for the 630 Building. A Landlord Caused Delay shall not include a Prior Tenant Delay. The parties hereto specifically acknowledge and agree that any delay in the completion of the Tenant Alterations caused by Landlord’s notification to Tenant or its contractor of any violation of applicable laws, codes and ordinances by Tenant, breach of the Project’s rules and regulations by Tenant or failure to construct the Tenant Alterations in accordance with the approved Plans shall not constitute a Landlord Caused Delay. “Substantial Completion” or “Substantially Complete” shall be the date that the construction of the Tenant Alterations is sufficiently complete so that Tenant can legally occupy and utilize the Third Expansion Space for the permitted use under the Lease, subject only to minor “punchlist” items, the completion of which will not materially affect Tenant's use and occupancy of the Third Expansion Space.
Landlord Caused Delay means actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (a) material and unreasonable interference by Landlord, its agents or other Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements which objectively precludes or delays the construction of Tenant Improvements, which interference relates to access by Tenant, or Tenant’s Agents to the Building or any Common Areas or service (including temporary power) during normal construction hours, or the use thereof during normal construction hours, and (b) delays due to the acts or failures to act of Landlord with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter).
Landlord Caused Delay means any delay in Substantial Completion of the Initial Improvements caused by, or due to circumstances within the reasonable control of, Landlord or Landlord's employees, agents or contractors, and Landlord-Caused Delay shall not include, and Landlord shall have absolutely no liability or obligation to Tenant with respect to, any delays caused by Force Majeure or by Tenant Delays.