Landlord Delay Day definition

Landlord Delay Day means any delay in the completion of the Work which is directly attributable to the affirmative acts or willful failure to act by Landlord or Landlord’s employees, agents or contractors, e.g., Landlord unreasonably fails to respond to any Tenant request for a change to the Space Plans or Working Drawings within the time-frames set forth in this Exhibit, fails to attend any meeting of which Landlord has at least eight hours’ prior notice, or otherwise unreasonably delays completion of the Work, Provided that Landlord timely files applications for all required permits and approvals, the failure to timely receive such permits and approvals, whether due to Tenant’s failure to provide satisfactory Working Drawings or the failure of the granting authority to respond to such applications in a timely manner, shall not be a Landlord Delay Day. As used herein, “Substantial Completion.” “Substantially Completed” and any derivations thereof mean the Work in the Premises is substantially completed (as reasonably determined by Landlord) in substantial accordance with the Working Drawings. Substantial Completion shall have occurred even though minor details of construction, decoration, landscaping and mechanical adjustments remain to be completed by Landlord.
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Landlord Delay Day means any delay in the completion of the Refurbishment Work which is directly attributable to the affirmative acts of, or the refusal to reasonably cooperate by, Landlord or the employees, agents or contractors of Landlord, including the following by way of example but not in limitation, Landlord fails to execute any documents required by a governmental entity in order for Tenant to complete the Refurbishment Work, or the performance of Landlord’s construction work in and around the Project unreasonably impedes Tenant’s performance of the Refurbishment Work, and in each case which affirmative act or refusal to act continues for more than one (1) business day following written notice from Tenant to Landlord of the event giving rise to the claimed delay, delivered to Landlord’s notice address or, for purposes of this Section 5 only, by electronic notice to ▇▇▇▇▇ ▇▇▇▇, Landlord’s on-site representative for matters pertaining to the Refurbishment Work, at ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. At any time and for any length of time, Landlord may change its construction representative by providing prior, written notice to Tenant, including the name, address and email address of the successor or temporary on-site construction representative with the authority to act as Landlord’s agent for matters pertaining to the Refurbishment Work.
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Landlord Delay Day means, without duplication as to either Building, each day of delay in achieving Substantial Completion of Building B, Substantial Completion of Building C or Substantial Performance of the Work, as applicable, in accordance with the Project Schedule as of the Lease Date that occurs because of (1) Landlord’s failure to timely furnish any information or approve, as applicable, any required documents such as the floor plans of the Buildings, the Preliminary Office Space Plans, the Construction Documents, the Lab Space/Food Service Area Plans or the Lab Space/Food Service Area Construction Drawings (in any case, whether preliminary, interim revisions or final), pricing estimates, construction bids, and the like within the periods specified herein (excluding any period of delay resulting through no fault of Landlord; such as but without limitation, where Landlord has not been provided the information required to be delivered by Tenant and further excluding any items that are deemed approved by Landlord to the extent Landlord fails to approve or disapprove the item in question within a specified time), (2) changes made to the Work requested by a Landlord Party, excluding any changes made where necessary to cause the Work to comply with applicable Law, (3) Landlord’s failure to meet any of the deadlines imposed on Landlord and outlined in the Project Schedule (excluding any period of delay resulting through no fault of any Landlord Party; such as but without limitation, where Landlord has not been provided the information required to be delivered by Tenant), (4) changes requested by a Landlord Party to the Preliminary Office Space Plans, the Construction Documents, the Lab Space/Food Service Area Plans and/or the Lab Space/Food Service Area Construction Drawings following the date such items are approved (or deemed approved) by Landlord and Tenant or (5) the action or inaction of a Landlord Party which is contrary to the provisions of this Lease or the Construction Documents. Tenant shall notify Landlord in writing of the occurrence of any circumstance resulting or which could result in a Landlord Delay Day as soon as possible after becoming aware of same (and in any event no later than five (5) business days thereof), whether by separate notice letter or email to Project Manager and Landlord (at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) or by including such delays in the minutes of the construction meetings held in conjunction with the performance of the Work. For purpos...
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Examples of Landlord Delay Day in a sentence

  • In the event a Landlord Delay shall be determined to have occurred as set forth in Section 5.2, above, then commencing on the Expansion Commencement Date, and continuing for each Landlord Delay Day (such period, the “Substantial Commencement Rent Abatement Period”), Tenant shall receive a day-for-day abatement of the Base Rent otherwise attributable to the 10445 Premises (as opposed to the 10421 Premises) (the “Substantial Completion Rent Abatement”) for each Landlord Delay Day.

  • In the event a Landlord Delay shall be determined to have occurred as set forth in Section 5.2, above, then commencing on February 1, 2007, and continuing for each Landlord Delay Day (such period, the “Substantial Commencement Rent Abatement Period”), Tenant shall receive a day-for-day abatement of the Base Rent otherwise attributable to the 10421 Premises (as opposed to the 10445 Premises) (the “Substantial Completion Rent Abatement”) for each Landlord Delay Day.

  • Any Landlord Delay Day that delays Tenant’s commencement shall result in day for day abatement of rent until such time as Tenant is able to commence the Lease.


More Definitions of Landlord Delay Day

Landlord Delay Day means each day following the expiration of any 10-business day review period (or any other time period set forth in this Exhibit B for Landlord to act, excluding time periods relating to Landlord’s payment of the Tenant Improvement Allowance and the Architect allowance) that Landlord does not respond to a plan submittal or other request from Tenant. The revised Construction Documents and cost estimate, as approved by Tenant and Landlord, are hereinafter referred to as the “Final Construction Documents” and “Final Cost Estimate” respectively.
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Landlord Delay Day means each day of the delay in the performance of Tenant’s Work that occurs because (a) Landlord fails to attend any scheduled meeting with Tenant, the Architect, any design professional, or any contractor, or their respective employees or representatives, as may be required hereunder in connection with the preparation or completion of any construction documents, such as the Space Plans or Working Drawings, or in connection with the performance of the Work, or (b) because a Landlord Party otherwise delays completion of Tenant’s Work, in either case provided that Tenant delivers written notice of such delay to Landlord within two business days following the occurrence of the delay.
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Landlord Delay Day means each day of delay in the performance of the Work that occurs as a result of (a) Landlord’s failure to timely deliver or approve any required documentation such as the Space Plans or Working Drawings, (b) Landlord’s failure to timely furnish any information or deliver or approve any required documents such as the Space Plans, Working Drawings (whether preliminary, interim revisions or final) (c) Landlord’s failure, on more than one (1) occasion, to have an authorized representative (that may change from time to time) attend any meeting with Tenant, the Architect, any design professional, or any contractor, or their respective employees or representatives, as may be required or scheduled hereunder or otherwise necessary in connection with the preparation or completion of any construction documents, such as the Space Plans, Working Drawings, or in connection with the performance of the Work, provided Landlord is notified at least forty-eight (48) hours in advance of meeting. Any Landlord Delay Day that delays Tenant’s commencement shall result in day for day abatement of rent until such time as Tenant is able to commence the Lease. As used herein “Substantial Completion,” “Substantially Completed,” and any derivations thereof mean the Work in the Premises has been performed in substantial accordance with the Working Drawings (other than any details of construction, mechanical adjustment or other similar matter, the non-completion of which does not materially interfere with Tenant’s use or occupancy of the Premises) and Tenant has received a temporary certificate of occupancy or a certificate of occupancy.
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Landlord Delay Day means any delay in the completion of the Work which is directly attributable to the affirmative acts or willful refusal to reasonably cooperate, at no additional cost to Landlord, of Landlord or the employees, agents or contractors of Landlord, e.g., Landlord fails to execute any documents required by a governmental entity in order for Tenant to complete the Work, or the performance of Landlord’s construction work in and around the Project unreasonably impedes Tenant’s performance of the Work, and in each case which affirmative act or refusal to act continues for two business days following written notice from Tenant to Landlord of the event giving rise to the delay; and “Substantial Completion,” “Substantially Completed,” and any derivations thereof mean the Work in the Premises is substantially completed (as reasonably determined by Landlord) in accordance with the Working Drawings. Substantial Completion shall have occurred even though minor details of construction, decoration, landscaping and mechanical adjustments remain to be completed.
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Landlord Delay Day means every day between January 14, 2005 and the date that Landlord tenders possession of the Premises to Tenant in accordance with section 3.4 of the Lease that all of the Delay Conditions exist.
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Related to Landlord Delay Day

  • 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 the expiration of such one (l)-business day period. The Lease Commencement Date and the Lease Expiration Date will each be delayed on a day for day basis for each day of Force Majeure Construction Delay or Landlord Delay.

  • Tenant Delay means an actual delay in the occurrence of the Substantial Completion Date or the Final Completion Date with respect to Landlord’s Work as the result of: (1) any unreasonable delay by Tenant in approving the Plans; (2) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (3) any request by Tenant to change the Plans after initial approval thereof by Tenant, or the making of any changes to Landlord’s Work requested by Tenant and agreed to by Landlord after initial approval of the Plans by Tenant; (4) any failure by Tenant to respond in writing within seven (7) business days after any written request by Landlord for clarification or interpretation of the Plans or for approval of changes in the Plans deemed necessary by Landlord; or (5) any other act or omission of Tenant or its officers, agents, employees or contractors; Notwithstanding the foregoing, no event shall be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (i) that a Tenant Delay is occurring, (ii) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (iii) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay, and Tenant has failed to correct the Tenant Delay specified in the Tenant Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice if Tenant corrects the Tenant Delay specified in the Tenant Delay Notice within such 48-hour period.

  • Tenant Delays means (A) Tenant’s request for changes to Landlord’s Work, regardless of whether any such changes are performed, (B) construction of any such changes, (C) Tenant’s request for materials, finishes, or installations requiring unusually long lead times that were not originally included as a part of Landlord’s Work, (D) Tenant’s delay (which shall mean more than 5 business days) in reviewing, revising, or approving any plans and specifications relating to Landlord’s Work, (E) Tenant’s delay in providing information critical to the normal progression of the Project (Tenant shall provide such information as soon as reasonably possible, but in no event longer than 5 business days after receipt of any request for such information from Landlord), and (F) any other act or omission by Tenant or any Tenant Party (as defined herein), or persons employed by any of such persons, (iv) “Substantially Completed” means the substantial completion of Landlord’s Work (A) in a good and workmanlike manner, (B) in accordance with the requirements described in Exhibit C, and (C) in accordance with all applicable Legal Requirements (including, but not limited to, securing the applicable final building inspection for Landlord’s Work), subject only to normal “punch list” items, and (v) “Existing Tenant Delay” means the refusal or failure by the Existing Tenant (as defined below) to surrender the Premises by July 1, 2010 in accordance with the terms and conditions of the Existing Lease (as defined below). Landlord will promptly perform such punch list items. Tenant shall obtain, at its sole cost and expense, any applicable use and occupancy permit for the Premises issued by the applicable Governmental Authority. If Tenant does not elect to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. If neither Landlord nor Tenant elects to void this Lease within 5 business days of the lapse of such 60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Sequoia Pharmaceuticals, Inc. (“Existing Tenant”), is currently leasing the Premises from Landlord, and the lease agreement (“Existing Lease”) between Landlord and Existing Tenant is scheduled to expire on July 1, 2010 subject to Landlord’s right to advance the expiration date. Tenant understands, acknowledges, and agrees that Landlord makes no guaranty, representation, or assurance that Landlord will be able to recapture the Premises from the Existing Tenant by July 1, 2010 and that Landlord shall have no obligation or duty to seek the vacation or removal of the Existing Tenant from the Premises.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.