Common use of Contractor Delay Clause in Contracts

Contractor Delay. Contractor Delay" shall occur if substantial completion of the Warm Shell Improvements is delayed directly as a result of unreasonable delay by Devcon Construction in completion of the Warm Shell Improvements, which delay occurs after the Delivery Date and before the 7 61 Commencement Date and does not result from Tenant's interference or delay in connection with completion of the Tenant Improvements or failure to make payment when due under the Warm Shell Contract, and provided that such delay in substantial completion could not have been mitigated by Tenant using commercially reasonable measures. Tenant shall give Landlord at least five (5) days prior notice if Tenant becomes aware that Landlord's Contractor is in danger of causing a Contractor 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 Contractor Delay; 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.