Common use of Delay in Completion Clause in Contracts

Delay in Completion. If there shall be a delay in substantial completion of the Tenant Improvements or the issuance of a Certificate of Occupancy, or other approval to occupy the Building and Premises, as a result of: (1) Tenant’s failure to approve any item or perform any other obligation within five (5) business days after receipt of notice from Landlord; (2) Changes in materials, finishes or installations other than those readily available, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove and/or failure of Tenant to approve substitute materials, finishes or installations upon notice from Landlord that the same are unavailable within the timeframes required by the Work Schedule; (3) Deviation from the Preliminary Plans or Tenant Improvement Plans, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove; (4) Tenant’s material interference with Landlord’s construction of the Tenant Improvements during Tenant’s work within the Premises (whether such work is performed by Tenant or its contractor or by Landlord or its contractor on Tenant’s behalf) after Landlord has notified Tenant in writing of the likelihood of a delay resulting from such interference and Tenant has failed to cease such interference; or (5) Coordination or installation of cabling and/or furniture, fixtures or equipment by Tenant or Tenant’s contractors; (each of which shall be deemed a “Tenant Delay”) then the Commencement Date of the Term of the Lease shall be accelerated by the number of days of such Tenant Delay.

Delay in Completion. Landlord shall cause the Leasehold Improvements to be substantially completed in a commercially reasonable time frame. If there shall be a delay in substantial completion the Leasehold Improvements are not substantially completed for any of the Tenant Improvements following reasons: a) Tenant's failure to submit the Plans and Specifications (or any necessary modifications or additions thereto) within the issuance time periods specified in this Work Letter; or b) Tenant's specifications of a Certificate of Occupancyspecial materials or finishes or specific vendors, or other approval to occupy the Building and Premises, as a result of: (1) Tenant’s failure to approve any item or perform any other obligation within five (5) business days after receipt of notice from Landlord; (2) Changes in materials, finishes or special installations other than those readily available, if requested by Tenant and the effect of provided as Building Standard which Landlord has notified Tenant as provided hereinabove and/or failure of Tenant to approve substitute materials, finishes cannot be delivered or installations upon notice from Landlord that the same are unavailable completed within the timeframes required by the Work Schedule; (3) Deviation from the Preliminary Plans or Tenant Improvement Plans, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove; (4) Tenant’s material interference with Landlord’s 's construction of the Tenant Improvements during Tenant’s work within the Premises (whether such work is performed by Tenant or its contractor or by Landlord or its contractor on Tenant’s behalf) after Landlord has notified Tenant in writing of the likelihood of a delay resulting from such interference and Tenant has failed to cease such interferenceschedule; or (5c) Coordination Any change in the Plans and Specifications once approved and accepted by Landlord; or d) The performance of or the failure to perform any work or installation of cabling and/or furniture, fixtures by any person or equipment firm employed by Tenant to do any work on the Premises; or e) Any other delay which is attributable to Tenant's act or Tenant’s contractorsomission; then, Landlord shall have no liability for such failure to complete, and, as applicable, (each i) the Effective Date shall not be postponed as a result thereof, (ii) Substantial Completion of which the Leasehold Improvements shall be deemed a “Tenant Delay”to have been achieved (iii) then Tenant's obligations under this Amendment (including, without limitation, the Commencement obligation to pay Rent) shall commence as of the date Landlord would have substantially completed the Leasehold Improvements but for any of the above reasons and (iv) such date shall for all purposes herein be deemed to be the Effective Date of the Term of the Lease Amendment. Any material or item to be supplied by Tenant shall be accelerated by the number of days of such Tenant Delayprovided on site in order not to delay Landlord's construction.

Delay in Completion. Landlord shall cause the Leasehold Improvements to be Substantially Complete in accordance with the Lease. If there shall be a delay in substantial completion the rendering of the Leasehold Improvements as Substantially Complete is delayed by Tenant Improvements for any of the reasons set forth in the Lease or the issuance of a Certificate of Occupancy, this Work Letter or other approval to occupy the Building and Premises, as a result of: (1a) Tenant’s failure to approve submit the Plans and Specifications (or any item necessary modifications or perform any other obligation additions thereto) within five (5the time periods specified in this Work Letter; or b) business days after receipt Tenant’s specifications of notice from Landlord; (2) Changes in materials, special materials or finishes or specific vendors, or special installations other than those readily available, if requested provided as Building Standard which cannot be delivered or completed within Landlord’s construction schedule; or c) Any change in the Plans and Specifications once approved and accepted by Landlord; or d) The performance of or the failure to perform any work or installation by any person or firm employed by Tenant and to do any work on the effect of which Landlord has notified Tenant as provided hereinabove and/or Premises; or e) The failure of Tenant to approve substitute materials, finishes or installations upon notice from Landlord that the same are unavailable within the timeframes required by the Work Schedule; (3) Deviation from the Preliminary Plans or Tenant Improvement Plans, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove; (4) timely pay Tenant’s material interference Costs in accordance with Landlord’s construction of the Tenant Improvements during Tenant’s work within the Premises (whether such work is performed by Tenant or its contractor or by Landlord or its contractor on Tenant’s behalf) after Landlord has notified Tenant in writing of the likelihood of a delay resulting from such interference and Tenant has failed to cease such interferencethis Work Letter Agreement; or (5f) Coordination or installation of cabling and/or furniture, fixtures or equipment by Tenant or Any other delay which is attributable to Tenant’s contractorsact or omission; (each of which then, Landlord shall be deemed a “Tenant Delay”) then have no liability for such failure to complete the Work, the Commencement Date shall not be postponed as a result thereof, and Tenant’s obligations under this Lease (including, without limitation, the obligation to pay Rent) shall nonetheless commence as of the Term Commencement Date determined by Landlord’s Architect set forth in Architects Certificate of Deemed Completion (hereinafter defined). Any material or item to be supplied by Tenant shall be provided on site in order not to delay Landlord’s construction. In the event of delay in Substantial Completion of the Lease Leasehold Improvements not attributable to Tenant, Tenant’s sole remedy shall be accelerated by the number deferral of days of the Commencement Date, until such Tenant Delaydate as the Leasehold Improvements are Substantially Complete.

Delay in Completion. If there Landlord shall cause the Leasehold Improvements to be a delay substantially completed prior to the Commencement Date set forth in substantial completion Paragraph 1 of the Tenant Lease. If by such Commencement Date the Leasehold Improvements are not substantially completed for any of the reasons set forth in Paragraph 1(b) of the Lease or the issuance of a Certificate of Occupancy, or other approval to occupy the Building and Premises, as a result of: (1a) Tenant’s failure to approve submit the Plans and Specifications (or any item necessary modifications or perform any other obligation additions thereto) within five (5the time periods specified in this Work Letter; or b) business days after receipt Tenant’s specifications of notice from Landlord; (2) Changes in materials, special materials or finishes or specific vendors, or special installations other than those readily available, if requested by Tenant and the effect of provided as Building Standard which Landlord has notified Tenant as provided hereinabove and/or failure of Tenant to approve substitute materials, finishes cannot be delivered or installations upon notice from Landlord that the same are unavailable completed within the timeframes required by the Work Schedule; (3) Deviation from the Preliminary Plans or Tenant Improvement Plans, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove; (4) Tenant’s material interference with Landlord’s construction of the Tenant Improvements during Tenant’s work within the Premises (whether such work is performed by Tenant or its contractor or by Landlord or its contractor on Tenant’s behalf) after Landlord has notified Tenant in writing of the likelihood of a delay resulting from such interference and Tenant has failed to cease such interferenceschedule; or (5c) Coordination Any change in the Plans and Specifications by Tenant once approved and accepted by Landlord; or d) The performance of or the failure to perform any work or installation of cabling and/or furniture, fixtures by any person or equipment firm employed by Tenant or to do any work on the Premises; or e) Any other delay which is attributable to Tenant’s contractorsact or omission; (each of which then, Landlord shall be deemed a “Tenant Delay”) then have no liability for such failure to complete, the Commencement Date shall not be postponed as a result thereof, and Tenant’s obligations under this Lease (including, without limitation, the obligation to pay rent) shall nonetheless commence as of the Term of the Lease Commencement Date. Any material or item to be supplied by Tenant shall be accelerated by the number of days of such Tenant Delayprovided on site in order not to delay Landlord’s construction.

Delay in Completion. If there shall be a delay in substantial completion of Building F or the Tenant Improvements Premises or the issuance of a Certificate of Occupancy, or other approval to occupy Occupancy for the Building and Premises, same as a result of: (1) Tenant’s 's failure to approve any item or perform any other obligation in accordance with and by the date specified in the Work Schedule within five (5) business days after receipt of notice from Landlord; (2) Changes Tenant's request for changes in materials, finishes or installations other than those readily available, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove and/or failure of Tenant to approve substitute materials, finishes or installations upon notice from Landlord that the same are unavailable within the timeframes required by the Work Schedule; (3) Deviation Tenant's request to deviate from the Preliminary Plans or Tenant Improvement Plans, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove;; or (4) Tenant’s material 's interference with Landlord’s 's construction of the Tenant Improvements Building or the Premises during Tenant’s 's work within the Premises (whether such work is performed by Tenant or its contractor or by Landlord or its contractor on Tenant’s 's behalf) after Landlord has notified Tenant in writing of the likelihood of a delay resulting from such interference and Tenant has failed to cease such interference; or); (5) Coordination Tenant's failure to provide funds, the LC and/or Bond, or installation of cabling and/or furniture, fixtures or equipment by Tenant or Tenant’s contractorsto otherwise comply with its obligations under this Lease; (each of which shall be deemed a “"Tenant Delay”") then the Commencement Date of the Term of the Lease shall be accelerated by the number of days of such delay. In the event Landlord claims any such failure, request or interference will cause such a delay, Landlord shall promptly notify Tenant Delaythereof. The Building and the Premises shall be deemed substantially complete notwithstanding the fact that minor details of construction, mechanical adjustments or decorations which do not materially interfere with Tenant's use and enjoyment of the Building remain to be performed (items normally referred to as "punch list" items).

Delay in Completion. If there Landlord shall cause the Leasehold Improvements to be a delay substantially completed prior to the Commencement Date set forth in substantial completion Section 1.2 of the Tenant Lease. If by such Commencement Date the Leasehold Improvements or the issuance of a Certificate of Occupancy, or other approval to occupy the Building and Premises, are not substantially completed as a result of: (1a) Tenant’s 's failure to approve submit the Plans and Specifications (or any item necessary modifications or perform any other obligation additions thereto) within five (5the time periods specified in this Work Letter; or b) business days after receipt Tenant's specifications of notice from Landlord; (2) Changes in materials, special materials or finishes or specific vendors, or special installations other than those readily available, if requested by Tenant and the effect of provided as Building Standard which Landlord has notified Tenant as provided hereinabove and/or failure of Tenant to approve substitute materials, finishes cannot be delivered or installations upon notice from Landlord that the same are unavailable completed within the timeframes required by the Work Schedule; (3) Deviation from the Preliminary Plans or Tenant Improvement Plans, if requested by Tenant and the effect of which Landlord has notified Tenant as provided hereinabove; (4) Tenant’s material interference with Landlord’s 's construction of the Tenant Improvements during Tenant’s work within the Premises (whether such work is performed by Tenant or its contractor or by Landlord or its contractor on Tenant’s behalf) after Landlord has notified Tenant in writing of the likelihood of a delay resulting from such interference and Tenant has failed to cease such interferenceschedule; or (5c) Coordination Any change in the Plans and Specifications once approved and accepted by Landlord; or d) The performance of or the failure to perform any work or installation of cabling and/or furniture, fixtures by any person or equipment firm employed by Tenant to do any work on the Premises; or - e) Any other delay which is attributable to Tenant’s contractors's act or omission; (each of which then, Landlord shall be deemed a “Tenant Delay”) then have no liability for such failure to complete, the Commencement Date shall not be postponed as a result thereof, and Tenant's obligations under this Lease (including, without limitation, the obligation to pay rent) shall nonetheless commence as of the Term of the Lease Commencement Date. Any material or item to be supplied by Tenant shall be accelerated by the number of days of such Tenant Delayprovided on site in order not to delay Landlord's construction.