Lessee Delays definition
Lessee Delays means a delay in Substantial Completion resulting from (a) Lessee's failure to meet Lessee's deadlines for approval as shown on Exhibit F, (b) delays due to change orders, (c) delays due to Lessee's failure to meet the deadlines for approving any plans or change orders, and (d) delays because of the inability to obtain any product, materials, design, color, fitting, or finish pursuant to this Section 2.2.
Lessee Delays means a delay in Substantial Completion resulting from (a) Lessee’s failure (through no fault of Lessor or its contractors or consultants) to meet Lessee’s deadlines for approval as described in this Section 2, (b) delays due to change orders requested by Lessee, but only to the extent that the amount of the delay is set forth in a change order approved in writing by Lessee, (c) delays due to Lessee’s failure (through no fault of Lessor or its contractors or consultants) to meet the deadlines for approving any plans or change orders, and (d) delays because of the inability to obtain any product, materials, design, color, fitting, or finish pursuant to the provisions of Section 8 herein. Lessee shall have a minimum of five (5) business days to approve or disapprove any preliminary plans, change orders or any final plans. If Lessee does not disapprove any plans or change orders within the time period set forth herein in writing, Lessor may proceed on the basis that the plans or change orders are approved by Lessee. If plans or change orders are disapproved, Lessee shall state the reason for disapproval and Lessor and Lessee shall promptly meet and confer and act in good faith to resolve any issues. To the extent that the Expansion Premises Commencement Date is delayed beyond the Scheduled Completion Date, solely as a result of a Lessee Delay, then Lessee shall be responsible to pay Rent for each day of delay beyond the Scheduled Completion Date caused by such Lessee Delay. During the first ninety (90) days following the Expansion Premises Commencement Date, Lessor at Lessor’s sole cost and expense shall be responsible to repair or replace any defects in Lessee’s or Lessor’s Improvements that are not caused by Lessee’s negligence. Lessee is responsible to notify Lessor in writing immediately upon the discovery of a defect in the Lessee’s or Lessor’s Improvements. Lessor is responsible to commence repairs or to replace any defect in the Lessee’s or Lessor’s Improvements immediately upon receipt of written notification from Lessee during the first ninety (90) days following Expansion Premises Commencement Date. Notwithstanding the foregoing, Lessor shall not be responsible for any failure of equipment that is moved from the Original Premises to the Expansion Premises. Lessor will assign to Lessee all construction warranties with regard to the Expansion Premises. Lessor agrees to improve the Expansion Premises as described on Exhibits B, C and D by January 1, 20...
Lessee Delays means any delay in the completion of the Improvements resulting from any act or failure to act by Lessee or Lessee's employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Lessee. For each day that the Substantial Completion of the Improvements is delayed due to a Lessee Delay, Lessee shall pay to Lessor Six Hundred Eighty Eight Dollars ($688).
Examples of Lessee Delays in a sentence
Should Lessee Delay contribute to the delay, Lessor shall be granted one additional work day of delay for each day of delay resulting from Lessee Delays.
Possession shall be deemed tendered and the term shall commence upon the first to occur of the following (the "Commencement Date"): (i) the Premises are Substantially Complete or (ii) Lessee occupies the Premises or (iii) if Lessor is prevented from or delayed in completing its work under this Lease due to Lessee Delays, such work will be deemed Substantially Complete as of the date on which it would have been Substantially Complete had it not been for such Lessee Delays.
If, for any reason other than Lessee Delays and Force Majeure Lessor fails to achieve delivery of Phase One on or before the Target Date for delivery of Phase One, then Lessor shall pay to Lessee liquidated damages equal in amount to the product of: (i) the number of days between the date that Lessor achieves delivery of Phase One and the Target Date for delivery of Phase One, multiplied by (ii) US $3,986.85 [one day’s Rent].
PROVIDED, HOWEVER, in the event of any delay arising from Lessee Delays, the Commencement Date shall occur and Lessee shall commence payment of rent as set forth herein on the date that the Commencement Date would have occurred but for the Lessee Delays.
The latter in the understanding that, should the Substantial Completion be extended by Lessee Delays, the obligations related to and/or triggered by the original programmed date of such Substantial Completion, included but not limited to the Rent (as such term is defined in section 7.2 below) will not be rescheduled whatsoever.
More Definitions of Lessee Delays
Lessee Delays means a delay in Substantial Completion resulting from (a) Lessee's failure to meet Lessee's deadlines for approval as shown on Exhibit E, (b) delays due to change orders, (c) delays due to Lessee's failure to meet the deadlines for approving any plans or change orders, and (d) delays because of the inability to obtain any product, materials, design, color, fitting, or finish pursuant to this Section 2. Lessee shall have a minimum of 3 business days to approve or disapprove any preliminary plans or change orders and a minimum of 10 business days to approve or disapprove any final plans. If Lessee does not disapprove any plans or change orders within the time period set forth herein in writing, Lessor may proceed on the basis that the plans or change orders are approved by Lessee. If plans or change orders are disapproved, Lessee shall state the reason for disapproval and Lessor and Lessee shall act in good faith to resolve any issues. Lessor shall charge Lessee $250 per change order after the fifth (5th) change order for processing.
Lessee Delays means delays in Lessee's providing Lessor with information or approvals relevant to planning or constructing the Initial Improvements following written notice requesting such information or approvals, and delays in the performance of the Initial Improvements caused by change orders requested by Lessee (including any changes in the construction plans and specifications) or other acts or omissions of Lessee or Lessee's agents, contractors, employees or others for whose actions Lessee is responsible.
Lessee Delays means a delay in Substantial Completion
Lessee Delays means delays caused by any act, neglect, failure or omission of Lessee, its employees or agents (including, without limitation, any contractors, subcontractors or materialmen employed by Lessee performing work at the Premises). The term "Unavoidable Delays" means delays caused by lack of funding not resulting from Lessor's acts or omissions, strikes, Acts of God, lockouts, labor difficulties, riots, explosions, sabotage, accidents, shortages or inability to obtain labor or materials, governmental restrictions, civil commotion, severe weather, fire or other casualty or similar causes beyond the reasonable control of Lessor.
Lessee Delays means any one or more delays caused by any act or neglect of Lessee, or those acting for or under Lessee, or by any separate contractor employed by Lessee or by changes ordered in the work by Lessee, or by Lessee’s failure to respond within ten (10) business days to a request by Lessor to specify details, layouts, selections or other information required by Lessor in connection with Lessor’s causing the construction of Lessor’s Improvements or the failure of Lessee to take possession of or to occupy the Premises or take other actions on or after the date Lessor’s Improvements are substantially complete and ready for occupancy by Lessee, the result of which is to delay issuance of a certificate of occupancy for the Premises. Lessor shall notify Lessee of any Lessee Delay within five (5) business days after the occurrence of such event. In the event Lessee delivers a timely and complete response to a Lessor request by providing the information so requested within the five (5) business day period specified in this Lease, no Lessee Delay shall occur as a result of such request by Lessor.
Lessee Delays. The term "Lessee Delay" shall mean 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 Delays means any delay in the Substantial Completion (defined below) of the Improvements or any portion thereof resulting from any or all of the following: (1) Lessee’s failure to timely perform any of its obligations pursuant to this Work Letter, including any failure to timely pay any amounts or sums payable by Lessee hereunder and any failure to complete, on or before the due date therefor, any action item which is Lessee’s responsibility pursuant to this Work Letter, including Lessee’s failure to grant approvals within the time frames described herein; (2) any delay or period of time specifically referred to herein as a “Lessee Delay”; (3) Lessee’s request for materials, finishes, improvements or installations which are not readily available or which require long lead times to acquire, (4) Lessee’s failure to timely vacate the third floor of the Office Building prior to the commencement of Construction Phase 2 as set forth in the Lease or (5) any other act or failure to act by Lessee, Lessee’s Representative, Lessee’s employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Lessee.