Tenant Delay. Any delay incurred by Landlord in the completion of the Tenant Improvements due to (i) a delay by Tenant, or by any person employed or engaged by Tenant, in approving or delivering to Landlord any plans, schedules or information, including, without limitation, the Construction Plans beyond the applicable time period set forth in this Exhibit, if any; (ii) a delay in the performance of work in the Leased Premises by Tenant or any person employed by Tenant; (iii) any changes requested by Tenant in or to previously approved work or in the Construction Plans; (iv) requests for materials and finishes which are not readily available (provided that Tenant is notified of the same at or immediately after the time of such request), and/or delays in delivery of any materials specified by Tenant through change orders; (v) the failure of Tenant to pay as and when due under this Exhibit all Construction Costs and other costs and expenses to construct the Tenant Improvements in excess of Landlord’s Allowance; or (vi) interference by Tenant or any of Tenant’s Parties with the construction of the Tenant Improvements. Landlord shall notify Tenant of any Tenant Delay within five (5) business days after Landlord’s receipt of notice from Landlord’s contractor of the Tenant Delay or when Landlord otherwise has received actual knowledge of the Tenant Delay; provided, however, that if Landlord does not notify Tenant of the Tenant Delay within such five (5) business day period, then the Tenant Delay shall not be deemed to have commenced until Landlord notifies Tenant of the Tenant Delay.
Tenant Delay. Any event or occurrence that delays the completion of the Landlord Work which is caused by or is described as follows:
Tenant Delay shall be defined as the following:
Examples of Tenant Delay in a sentence
Provided, however, that for purposes of determining the Commencement Date pursuant to Section 1(h) of the Lease, the date on which Substantial Completion shall be deemed to have occurred shall be accelerated on a day-for-day basis for each day of Tenant Delay, defined below.
For example, if Substantial Completion actually occurs on January 16 of a given year, but there were fifteen (15) days of Tenant Delay, then Substantial Completion will be deemed to have occurred on January 1 of such year.
More Definitions of Tenant Delay
Tenant Delay means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays substantial completion of the Landlord Work, including, without limitation, the following:
Tenant Delay means and refer to a delay in (i) Landlord's completion of Landlord's Installations (A) and/or Landlord's Installations (B), and/or (ii) the Commissioning of either Datacenter, as applicable, which is attributable to or caused by Tenant (by virtue of a change request, or otherwise). The foregoing notwithstanding, Landlord and Tenant agree that (a) Tenant shall have no express right hereunder to demand or require a change in the specifications of Landlord's Installations (A), Landlord's Installations (B) or the Commissioning Criteria, but (b) in the event that Tenant requests any such changes, the same shall be subject to Landlord's reasonable approval. In that regard, Landlord and Tenant acknowledge and agree that, if Landlord reasonably approves of such change(s), such approval may be reasonably conditioned upon (1) Tenant's agreement to bear the incremental costs related to such change(s); and (2) Tenant's acknowledgment and agreement of the Tenant Delay effects of such change(s), if any. For the avoidance of doubt, however, in order for any Tenant-requested change to have any effect, all such change requests (if acceptable to Landlord) must be documented in an amendment to this Lease (any such change, once documented in an amendment to the Lease, is referred to herein as a “Change”). Without limiting the foregoing, should Landlord or its agents, contractors and/or employees experience any event of Tenant Delay affecting the timing of completion of the Commencement Date Conditions (A) and/or the Commencement Date Conditions (B), Landlord shall, as soon as is reasonably practicable after acquiring actual knowledge of such Tenant Delay, notify Tenant in writing of the existence of such Tenant Delay. If Landlord fails to notify Tenant of any Tenant Delay within ten (10) days after acquiring actual knowledge of such Tenant Delay, then such Tenant Delay shall automatically be deemed to be waived by Landlord for the period of such Tenant Delay occurring prior to the date of such notice. Promptly upon cessation of any Tenant Delay as to which Landlord has previously notified Tenant, Landlord shall notify Tenant in writing of such cessation.
Tenant Delay means any incremental delay in Landlord’s performance of Landlord’s Work that occurs as the result of (i) any change by Tenant to the space plan after submission thereof to Landlord and/or the approved plans and specifications for such work; (ii) any delay in such work caused by the installation of Tenant’s fixtures in the Premises or the performance of any other work by Tenant at the Premises; and (iii) Tenant specifying any materials or equipment which are not readily available in the market and require long-lead time to obtain. Upon the occurrence of any event that Landlord contends is a Tenant Delay, Landlord shall promptly deliver notice to Tenant thereof, together with Landlord’s reasonable estimate of the expected delay. Notwithstanding the foregoing, a delay shall only be considered a Tenant Delay if such delay causes an incremental delay in the completion of the Tenant Improvements. For example, if Landlord is delayed by the unavailability of certain materials and Tenant causes a delay while Landlord is delayed by such unavailability of materials so that no further actual incremental delay is caused by Tenant, such delay by Tenant shall not constitute a “Tenant Delay” hereunder. In the event of any Tenant Delays, the Premises shall be deemed to have been completed on the date Landlord and Tenant reasonably determine the Premises would have been so completed but for such Tenant Delays.
Tenant Delay means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays the Substantial Completion of the Landlord Work, including, without limitation: (1) Tenant’s failure to furnish information or approvals within any time period specified in this Lease, including the failure to prepare or approve preliminary or final plans by any applicable due date; (2) Tenant’s selection of equipment or materials that have long lead times after first being informed by Landlord that the selection may result in a delay; (3) changes requested or made by Tenant to previously approved plans and specifications; (4) performance of work in the Premises by Tenant or Tenant’s contractor(s) during the performance of the Landlord Work; or (5) if the performance of any portion of the Landlord Work depends on the prior or simultaneous performance of work by Tenant, a delay by Tenant or Tenant’s contractor(s) in the completion of such work.
Tenant Delay means any act or omission by Tenant and/or Tenant’s agents, employees or contractors (collectively with Tenant, the “Tenant Parties”) which causes an actual delay in the performance of Landlord’s Work. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act within on or before a date or time period expressly set forth in the Lease (in which event no Tenant Delay Notice shall be required): (x) in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (a) that a Tenant Delay is occurring, and (b) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (y) no period of time prior to the time that Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice.
Tenant Delay means any delay in Substantial Completion of the Tenant Improvements as a result of any of the following: (i) Tenant's failure to complete or approve the Tenant Improvement Plans by the dates set forth in Section 5.B (ii) Tenant's failure to approve the bids for construction by the dates set forth in Section 5.C(ii), (iii) changes to the plans requested by Tenant which delay the progress of the work, (iv) Tenant's request for materials components, or finishes which are not available in a commercially reasonable time given the anticipated Commencement Date, (v) Tenant's failure to pay, when due, any amounts requested to be paid by Tenant pursuant hereto, (vi) Tenant's request for more than one (1) rebidding of the cost of all or a portion of the work, and (vii) any errors or omissions in the Tenant Improvement Plans provided by Tenant's architect; provided further that Tenant is (i) allowed to review and reasonably approve the change in the General Contractor's schedule, (ii) provided three (3) business days written notice that it is about to suffer a Tenant Delay, and (iii) offered the ability incur premium costs to prevent or minimize such delay if it is possible to do so. Notwithstanding anything to the contrary set forth in this Lease, and regardless of the actual date the Premises are Substantially Complete, the Commencement Date shall be deemed to be the date the Commencement Date would have occurred if no Tenant Delay had occurred as reasonable determined by Landlord. In addition, if a Tenant Delay results in an increase in the cost of the labor or materials, Tenant shall pay the cost of such increases. Unless otherwise provided in the contract documents, the General Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat and utilities, transportation and other facilities and services necessary for proper execution and completion of the Tenant Improvements. The General Contractor shall supervise and direct the construction of the Tenant Improvements using the contractor's best skills and attention and shall be fully responsible for and have control over construction means, methods, techniques, sequences and procedures for coordinating all portions of the work under the contract. The General Contractor shall review, approve and submit to Tenant's Architect shop drawings, product data, samples and submittals required by the contract documents with promptness and in sequence as to ca...
Tenant Delay means any delay which Landlord may encounter in the performance of Landlord’s obligations under this Lease to the extent that Landlord encounters such delay by reason of (i) any act or omission of any nature of Tenant, Tenant’s agents or contractors, (ii) delays by Tenant in violation of this Lease in submission of information, (iii) delays due to the postponement of any portion of Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, at the request of Tenant, and/or (iv) the time delay as a result of the performance of change orders. Any such Tenant Delay shall continue only through the date that such activity or occurrence shall cease to constitute a delay; provided that all simultaneous delays shall be deemed to run concurrently and not consecutively and shall not be “double” counted. In the event that Substantial Completion of the Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, is actually delayed by reason of one or more Tenant Delay, Tenant agrees that the Seventh Amendment Commencement Date shall be deemed to be the date that the Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, would have been Substantially Completed had the same not been so delayed due to such Tenant Delays. Landlord agrees that, subject to Tenant Delay, each item of Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, shall be prosecuted with due diligence; provided, however, that nothing contained in this Article IV shall be deemed to impose upon Landlord any obligations to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever.