Lessee Delay or “Delays caused by Lessee” shall also mean delays due to the scope and extent of the Lessee Improvements to be constructed by Lessor. For purposes of determining Lessee Delay under this Section 6.04(c), the Lessor must provide notice to Lessee of the existence of excessive Lessee Improvements, special design or construction considerations or other matters which will extend the time necessary for the construction of the Lessee Improvements beyond two (2) days; such notice to be provided by Lessor to Lessee together with Lessor’s delivery of approval and/or objections to Lessee’s plans and specifications for the Lessee Improvements from time-to-time. Such notice shall specify the reasons for the delay and the estimated length of delay and, unless the Lessee’s plans and specifications are modified to eliminate such items, the estimated length of the delay shall be included as a Lessee Delay. For purposes of determining delay, the terms Lessor and Lessee shall include their respective contractors, agents and employees. In addition, the party claiming the benefits of such delay shall be required (as a condition to the effectiveness thereof) to provide written notice of the occurrence of such delay within ten (10) days following such occurrence.
Lessee Delay or "Delays caused by Lessee" shall mean delay in completion of construction of the Shell Building Improvements or the Lessee Improvements caused by:
Lessee Delay means an actual delay in Substantial Completion of the Lessee Interior Improvements for Phase I resulting from (i) the Lessee’s failure (through no fault of Lessor) to meet Lessee’s deadlines for approval of the plans for the Lessee Interior Improvements for Phase I as set forth on Exhibit F, (ii) any change in the work requested by Lessee (up to the maximum delay specified in the change order), and (iii) any delay Lessee agrees in writing to bear because of the inability to obtain any fitting, finish or material pursuant to Subsection 2.1,6. above.
Examples of Lessee Delay in a sentence
Any delays on Lessors Work, due to a Lessee Change, will be deemed a Lessee Delay.
Lessee shall not be charged with any period of Lessee Delay which is prior to the time that Lessee receives a written notice of such Lessee Delay.
For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent.
In no event shall Lessee be charged for any period of time as a Lessee Delay to the extent that it is based upon: (i) any act or omission which Lessee has the right to perform under this Lease, (ii) any act or omission of Lessor, or (iii) any cause beyond Lessee’s reasonable control.
Any delays in the performance of Lessor’s Work caused by changes in Lessor’s Work requested by Lessee (“Lessee Changes”) shall be deemed to be Lessee Delay.
More Definitions of Lessee Delay
Lessee Delay means any delay in the completion of the Renovation Work or the Allowance Work due to any wrongful or negligent act or failure to act of Lessee, its agents or contractors. The term Lessee Delays shall include, but shall not be limited to any: (i) delay in the giving of authorizations or approvals by Lessee; (ii) delay attributable to the wrongful or negligent acts or failures to act of Lessee, its agents or contractors; (iii) delay attributable to the interference of Lessee, its agents or contractors with the completion of the Renovation Work or the Allowance Work; (iv) delay by Lessee in administering and paying when due the amounts required to be paid by Lessee hereunder; (v) delay or failure by Lessee to furnish information and approvals in accordance with this Paragraph 54; (vi) delay attributable to Lessee's request for any special, long lead time materials or installations, (vii) delay attributable to Lessee's changes in any drawings, plans or specifications, including the Renovation Plan and/or the Allowance Work Plan or Lessee's request for additional improvements; (viii) delay attributable to any changes initiated by reason of Lessee's disapproval of cost proposals or resulting in the preparation of revised cost proposals; (ix) delay attributable to field changes to construction work; or (x) delay attributable to the delivery, installation or completion or any Lessee improvements (as defined below) performed by Lessee, its agents or contractors. Notwithstanding anything to the contrary contained in the Lease, if the date that the Lessor delivers possession of the Premises to Lessee is later than the Commencement Date because of Lessee Delay(s), then (i) each of the sixty (60) day period and the four (4) month period referred to in Paragraph 3.3 of the Form Lease shall be extended by the number of days of Lessee Delays, and (ii) on the first day of the first full month following the date that Lessee obtains possession of the Premises, Lessee shall pay to Lessor an additional payment of a sum calculated by multiplying the per diem fixed Base Rent applicable during the first (1st) month of the Original Term, as set forth in Paragraph 1.5 of the Lease, times the number or days of Lessee Delays.
Lessee Delay means any actual delay in the completion of the Improvements which delays Substantial Completion and which is due to any act or omission of Lessee, its agents, or contractors. Lessee Delays shall include:
Lessee Delay. (which means an actual delay in Substantial Completion of the Lessee Interior Improvements resulting from (a) the Lessee's failure (through no fault of Lessor) to meet Lessee's deadlines for approval of the plans for the Lessee Interior Improvements as set forth above, (b) any change in the work requested by Lessee (up to the maximum delay specified in the change order), and (c) any delay Lessee agrees in writing to bear because of the inability to obtain any fitting, finish or material pursuant to Subsection 2.1.5, above) up to the maximum such Lessee Delay specified in the Change Order for such work.
Lessee Delay or “Delays caused by Lessee” shall also mean (i) delays due to the scope and extent of the Lessee improvements to be constructed by Lessor and (ii) delays caused by mistakes or errors by Xxxxxxx Design in any of the plans or specifications prepared by Xxxxxxx Design, or delays otherwise caused by Xxxxxxx Design, including without limitation delays caused by Xxxxxxx Design failing to timely respond to issues, questions or concerns raised by the County of Xxxxxxx, Colorado (the “County”) prior to the County issuing the building permit. In order for Lessor to claim such a Delay, Lessor must provide written notice to Lessee of the existence of excessive Lessee Improvements, special design or construction considerations or other matters which will extend the time necessary for the construction of the Lessee Improvements beyond two (2) days. Such notice may only be provided by Lessor to Lessee together with Lessor’s delivery of approval and/or objections to Lessee’s plans and specifications for the Lessee Improvements from time-to-time and in any event not later than approval by Lessor and Lessee of the Contractor to construct the Lessee Improvements. Such notice shall specify the reasons for the delay and the estimated length of delay and, unless the Lessee’s plans and specifications are modified to eliminate such items, the estimated length of the delay shall be included as a Lessee Delay. For purposes of determining delay, the terms Lessor and Lessee shall include their respective contractors, agents and employees. In addition, the party claiming the benefits of such delay shall be required (as a condition to the effectiveness thereof) to provide written notice of the occurrence of such delay within five (5) days following such occurrence.
Lessee Delay means an actual delay in Substantial Completion of the Lessee Interior Improvements for Phase II resulting from (i) the Lessee’s failure (through no fault of Lessor) to meet Lessee’s deadlines for approval of the plans for the Lessee Interior Improvements for Phase II as set forth on Exhibit F, (ii) any change in the work requested by Lessee (up to the maximum delay specified in the change order), and (iii) any delay Lessee agrees in writing to bear because of the inability to obtain any fitting, finish or material pursuant to Subsection 2.2.6, above.
Lessee Delay means any of the following:
Lessee Delay as used in the Lease, or this Agreement shall mean any delay that Lessor actually encounters in the performance of Lessor's obligations under the Lease because of: (1) delay attributable to changes in or additions to the Final Plans (as defined in Section 3(d) below) following approval by Lessee; (2) delay attributable to the postponement of any Tenant Improvements at the request of Lessee; and (3) delay by Lessee in the submission of information or the giving of authorizations or approvals within the time limits set forth in this Agreement; and (4) delay attributable to the failure of Lessee to pay, when due, any amounts required to be paid by Lessee pursuant to this Agreement. Lessee shall pay all actual costs and expenses incurred by Lessor which result from any Lessee Delay, including, without limitation, any actual costs and expenses attributable to increases in the cost of labor or materials. No Lessee Delay shall be deemed to have occurred unless and until Lessor has given written notice to Lessee specifying the action or inaction by Lessee which Lessor contends constitutes a Lessee Delay. If such action or inaction is not cured within two (2) business day after receipt of such notice, then a Lessee Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Lessee received such notice and continuing for the number of days the Substantial Completion of the Premises was in fact delayed as a direct result of such action or inaction.