Landlord Delay means a delay in the construction of the Tenant Improvements or Compliance Work resulting directly from the acts or omissions of Landlord, Landlord’s employees, agents, or contractors including, but not limited to (i) failure of Landlord to timely approve or disapprove any plans; (ii) interference by Landlord, its employees, agents or contractors with the completion of the Tenant Improvements or Compliance Work (including the impairment of Tenant’s contractors’ or vendors’ or employees’ access to the Premises for any reason (including due to the presence of Landlord’s contractors, vendors or personnel), failure to provide reasonable access to the Building’s loading docks or other facilities necessary for the construction of the Tenant Improvements or Compliance Work and/or the movement of materials and personnel to the Premises for such purpose) and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Force Majeure Construction Delay or a Landlord Delay has occurred, Tenant acknowledges and agrees that it has inspected the Building and the Site and in no event shall the physical character or condition of the Building and/or Site existing as of the Effective Date constitute a basis for a Landlord Delay (this agreement does not apply to the failure of any Building component to properly operate). Further, in no event shall any delay of Landlord constitute a Landlord Delay unless such delay results in a full day of delay in the construction of the Tenant Improvements or Compliance Work. Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above. Tenant will additionally use reasonable efforts to mitigate the effects of any Force Majeure Construction Delay or Landlord 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 the actions or inactions or circumstances described in the Delay Notice constitute a Landlord Delay, and are not cured by Landlord within one (1) business day after Landlord’s receipt of the Delay Notice, then a Landlord Delay shall be deemed to have occurred commencing as of t...
Landlord Delay means an actual delay resulting from (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) interference by Landlord, its agents or contractors with the completion of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building; and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance or
Landlord Delay means any actual delay in the Substantial Completion of the Tenant Improvements that causes Substantial Completion of the Tenant Improvements to occur more than six (6) months after the Delivery Date, but only to the extent resulting solely from one or more of the following acts or omissions of Landlord or a Landlord Party: (i) failure of Landlord to timely approve or disapprove any Working Drawings, Final Plans, or Tenant Changes within the time frame set forth in this Work Agreement; (ii) failure of Landlord to approve or disapprove any proposed contractors or subcontractors within ten (10) days; (iii) Landlord’s failure to disburse the Improvements Allowance as and when required under this Work Agreement following Tenant’s submission of a complete Application for Payment; (iv) unreasonable and material interference by Landlord or Landlord Parties with 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), or the use thereof; or (v) any failure to complete the Base Building Work in accordance with the plans and specifications described on Exhibit 1.7 to the Lease that is first identified after the Delivery Date and in a manner that either requires a repair that the Tenant needs made in order to complete the Tenant Improvements or that requires Tenant to change the Final Plans for the Tenant Improvements. Tenant shall provide written notice of any asserted Landlord Delay to the Landlord within ten (10) days of the alleged event triggering the Landlord Delay, which shall specify the nature and anticipated duration of the relevant delay. Failure to timely send such written notice shall preclude Tenant from claiming a Landlord Delay.
Examples of Landlord Delay in a sentence
Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord 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.
Landlord’s failure to timely respond shall be deemed a Landlord Delay, subject to the terms of Section 1.3, above.
No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Landlord pursuant to such Landlord Delay Notice.
No period of time prior to expiration of the cure period shall be included in the period of time charged to Landlord pursuant to such Landlord Delay Notice.
More Definitions of Landlord Delay
Landlord Delay means Landlord’s failure timely to respond to any written request from Tenant within the time period specified therefor under this Exhibit B-1. In order to invoke a Landlord Delay, Tenant must advise Landlord in writing of the alleged Landlord Delay within three (3) business days after Tenant becomes aware thereof.
Landlord Delay means: (i) any actual delay in the completion of the work Tenant is required to perform hereunder which results from any failure of Landlord to act or provide approvals within five (5) business days; or (ii) the actual delay in the Substantial Completion of Landlord's Work due to any failure of Landlord, its agents, employees or contractors to perform the Base Building work or other work required to be provided by Landlord hereunder in compliance with the terms hereof and in compliance with applicable laws, rules and regulations or due to any other acts or omissions of Landlord, or its agents, or employees. Without limiting the generality of the foregoing, if Tenant has submitted its Final Design Drawings to Landlord in the form required by Section 2.2 above by the date set forth in Paragraph A of the Construction Schedule, the failure of Contractor's design/build contractors to complete their plans by the date set forth in Paragraph B on the Construction Schedule, for any reason other than a Tenant Delay, shall constitute a Landlord Delay for purposes hereof. Tenant shall provide prompt (within 48 hours of becoming aware of any such delay) written notice to Landlord ("Delay Notice") specifying the action or inaction which Tenant contends constitutes a Landlord Delay hereunder. The period of delay, however, shall commence to run on the date of the action or inaction and not on the date of the Delay Notice.
Landlord Delay means Landlord's delay in responding to Tenant's Plans or Tenant's request for approval of Tenant's Contractors, as and when required under Paragraph 3(a)(iii) and/or Paragraph 3(b) hereof, or any default by Landlord of its obligations hereunder, in any case to the extent delaying substantial completion of the Additional Premises Tenant's Work. For purposes hereof, the term "Contractor Strike Delay" shall mean any delay in substantial completion of the Additional Premises Tenant's Work resulting from (a) a strike or organized labor work stoppage of all Approved Building System Contractors designated by Landlord under Paragraph 3(a)(iii) above (which strike or work stoppage was not caused in whole or in part by Tenant or its contractors or any actions of said parties), and (b) Landlord's failure, within three (3) business days after written notice from Tenant of the situation described in subclause (a), to either (i) designate one or more other Approved Building System Contractors who are not then on strike or involved with any other organized work stoppage, or (ii) expressly allow Tenant to engage its own such contractors to perform any of Tenant's Work affecting Building systems (subject, however, to Landlord's reasonable approval of said contractors as provided herein). Landlord Delay or Contractor Strike Delay shall not include any delay in substantial completion of the Additional Premises Tenant's Work that would in any event (i.e., even if the Landlord Delay or Contractor Strike Delay had not occurred) have resulted from other causes. Tenant shall notify Landlord, in writing, of any claim for Landlord Delay or Contractor Strike Delay, which notice shall be delivered within five (5) business days following receipt by Tenant or its contractors or other representatives of knowledge of the event claimed by Tenant to give rise to such Landlord Delay or Contractor Strike Delay (time being of the essence); Tenant's failure to notify Landlord within said five (5) business days shall be deemed a waiver of the subject claim of delay.
Landlord Delay means an actual delay in Tenant's opening for business by the Outside Opening Date which was caused by an act or omission of Landlord or any Landlord Affiliate which is not permitted by the terms of this Lease.
Landlord Delay means 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 Documents; (ii) unreasonable and material interference by Landlord, its agents or contractors with the completion of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building; and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Landlord Delay has occurred, Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Landlord Delay. If the actions or inactions or circumstances described in the Delay Notice qualify as a Landlord Delay, and are not cured by Landlord within one (1) business day after Tenant’s delivery of the Delay Notice, then a Landlord Delay shall be deemed to have occurred.
Landlord Delay shall occur if either: (i) Landlord fails to complete the Base Building and/or other improvements on the Project that are required by the DDA, the Parking REA and/or the CC&Rs, and as a direct result of such failure Tenant is unable to obtain a temporary or permanent certificate of occupancy for the Premises upon substantial completion of the Tenant Improvements; or (ii) substantial completion of the Warm Shell Improvements or Tenant Improvements is delayed directly and solely as a result of any of the following and such delay could not have been mitigated by Tenant using commercially reasonable measures, which delay occurs after the Delivery Date and before the Commencement Date and does not result from Tenant's interference or delay in connection with completion of the Tenant Improvements or after a Tenant Default or Work Letter Draw Event: (a) subject to Paragraph 8 above, unreasonable interference by Landlord or Landlord's Contractor with the construction of the Warm Shell Improvements or the Tenant Improvements; (b) Landlord's failure to comply with any deadlines for response to, or submissions from, Tenant as required by this Work Letter; (c) any material Discretionary Changes to Landlord's Plans or the Warm Shell Plans after their final approval by applicable governmental entities (other than Tenant Modifications) that directly affect Tenant's Plans or the Tenant Improvements; and/or (d) Landlord failure to complete portions of the Base Building and/or other improvements on the Project that are Landlord's obligation to complete hereunder, and as a direct result of such failure Tenant and Tenant's contractors do not have access to the Premises to the extent required to complete the Warm Shell Improvements and/or Tenant Improvements. Tenant shall give Landlord at least five (5) days prior notice if Tenant becomes aware that Landlord is in danger of causing a Landlord Delay, and if Landlord takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Commencement Date shall be made on account of such Landlord; provided, however, that if such delay was not reasonably foreseeable by Tenant, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Tenant becomes aware of such delay or potential delay.
Landlord Delay means and be defined as delay in the completion of Landlord’s Work that is caused by Landlord,. its agents or contractors, including without limitation: