Landlord Delay. Landlord’s (a) failure to comply with any time requirements expressly set forth in Paragraph 4.d. above with respect to Landlord’s obligation to provide notice of approval or disapproval of the Space Plan, Working Drawings or Change Orders, or (b) failure to achieve any of the dates set forth in Paragraph B of Exhibit D (Overlap Work); provided that such dates shall be extended by delays caused by Force Majeure and/or delays caused by Tenant (provided that there shall be no Tenant delay for purposes of the foregoing unless Landlord notified Tenant of the act or omission causing the Tenant delay and Tenant did not cure the same within five (5) Business Days after receipt of such notice) or (c) Landlord’s unreasonable interference with the completion of Tenant Improvements, including any failure or refusal of Landlord or Landlord’s agents or contractors to permit Tenant, its agents or contractors, access to and use of the Building or any Building facilities or services (including hoists, elevators, and loading docks) which access or use is reasonably required for the orderly and continuous performance of the work necessary to complete Tenant Improvements, are referred to collectively herein as “Landlord Delay” (provided that no Landlord Delay as described in clause (c) above will be deemed to have occurred unless and until Tenant has notified Landlord of the event which Tenant claims constitutes a Landlord Delay and Landlord has failed to cure such event within five (5) Business Days thereafter). Tenant will use commercially reasonable efforts to mitigate its damages and/or construction delays in the event of an alleged Landlord Delay. The parties acknowledge that the Overlap Work will be performed concurrently with portions of the Tenant Improvement work and, due to the need to coordinate such work, there might be instances where the performance of particular portions of the Tenant Improvements or Overlap Work are scheduled around other work. Provided that such scheduling is reasonable, short delays necessary to accommodate such coordination of the Tenant Improvements and Overlap Work shall not constitute a Landlord Delay, but the foregoing shall not excuse Landlord from its responsibility to meet any of the specific dates in Paragraph B of Exhibit D (subject to delays caused by Force Majeure and/or Tenant delays). Notwithstanding anything to the contrary in this Paragraph 4, (x) if and to the extent the Tenant reasonably incurs a net increased cost (taking...
Landlord Delay. A “Landlord Delay” shall be defined as any act or omission by Landlord or any agent, employee, consultant, contractor or subcontractor of Landlord which causes an actual delay in the completion of Tenant’s Work, provided that no Landlord Delay shall be deemed to occur until Tenant gives Landlord written notice of the event giving rise to such claimed Landlord Delay and a reasonable description of the same.
Landlord Delay. As used in this Workletter and the Lease, “Landlord Delay” shall mean any of the following types of delay in the completion of construction of the Tenant Improvements necessary for Tenant’s occupancy of and commencement of business in the respective Buildings or phases, but only to the extent of the actual delay reasonably attributable to the causes or circumstances described herein and directly or proximately caused by such causes or circumstances after the delivery of Landlord’s Structural Completion Certificate for the applicable Building or phase:
Landlord Delay. Notwithstanding anything to the contrary contained herein, if the date of Tenant’s completion of the Initial Tenant Work and the Initial Restroom Work shall actually be delayed due solely to Landlord Delay, then Tenant shall have the right, as Tenant’s sole and exclusive remedy for such delay, to a credit against Base Rent to be applied commencing on the Rent Commencement Date, in the amount of $32,836.42 per day (the “Landlord Delay Credit”) for each day of such actual delay in Tenant’s completion of the Initial Tenant Work and the Initial Restroom Work; provided, however, that if Tenant is able to mitigate the period of delay in its completion of the Initial Tenant Work and the Initial Restroom Work by performing such work on an overtime or premium pay basis, then, in lieu of the Landlord Delay Credit, Landlord shall reimburse Tenant for its actual costs to mitigate such delay, upon presentation of reasonable supporting documentation, but in no event shall Landlord’s liability pursuant to this Section 7.03 exceed an amount equal to the Landlord Delay Credit. For the avoidance of doubt, in the event that Tenant shall be delayed in completing the Initial Tenant Work and the Initial Restroom Work due to both Force Majeure and Landlord Delay on the same day, then such day of delay shall be deemed to have been attributed solely to Force Majeure, and if Tenant shall be delayed in completing the Initial Tenant Work and the Initial Restroom Work due to both Tenant Delay and Landlord Delay on the same day, then Tenant shall not be entitled to a credit against Base Rent as the result of such day of delay. If Landlord shall fail to reimburse Tenant for any such sums due pursuant to this Section 7.03 on a timely basis when required in accordance with this Section 7.03, Tenant may provide written notice of such failure to Landlord, which notice must contain bold face 18 point type AND CAPITALIZED LETTERS making demand for such payment or an explanation of non-payment with specific reference to the provisions of this Section 7.03. Landlord shall then, within fifteen (15) days after receipt of such notice, either make the required payment or provide Tenant with a reasonably detailed explanation of the reason(s) for non-payment. If Landlord shall not respond to Tenant’s notice given in accordance with this Section 7.03 within fifteen (15) days after such notice shall have been given to Landlord (with time being of the essence), or if Landlord shall provide an explanatio...
Landlord Delay. See definition in Paragraph 10 hereof.
Landlord Delay. Any of the following types of delay in the completion of construction of Tenant’s Work (if any), but in each instance only to the extent that any of the following has actually and proximately caused substantial completion of Tenant’s Work to be delayed beyond the later of February 7, 2007 or the date by which the applicable Tenant’s Work would have been completed but for such delay:
Landlord Delay. Any of the following types of delay in the completion of construction of the Tenant Improvements:
Landlord Delay. The term “Landlord Delay” shall mean (i) the failure of Landlord to provide any responses required of Landlord within the time periods set forth in this Exhibit B-1 or (ii) any actual delay in the completion of the Expansion Space Tenant Improvements to the extent caused by the correction of any Defect that Tenant has identified to Landlord in accordance with Section 2 of the Second Amendment; provided, however, (1) a Landlord Delay shall not include any of the foregoing delays to the extent caused by the acts, omissions, or misconduct of Tenant or any Tenant Related Party, and (2) no Landlord Delay shall be deemed to have occurred unless Tenant has given Landlord written notice that an act or omission on the part of Landlord is about to occur or has occurred which will cause a delay in the completion of the Expansion Space Tenant Improvements and Landlord has failed to cure such delay within one (1) Business Day after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delay. Tenant shall be entitled to one (1) day of Base Rent abatement for each day of Landlord Xxxxx; provided, that such abatement attributable to all Landlord Delays identified in clause (ii) of the definition thereof shall not exceed two (2) months in the aggregate.
Landlord Delay. “Landlord Delay” means delay in Tenant’s performance of an obligation required by this Lease (including with respect to the achievement or satisfaction of any Development Milestone) that results, directly or indirectly, from any of the following: (a) delays by Landlord in responding to Tenant requests for approval, consents, permits or other matters for which Landlord approval or action is required under this Lease or under Applicable Laws, Applicable Policy and Guidance Documents or requirements applicable to Landlord and/or the Premises, which delays either extend beyond the time (if any) required under this Lease for response or that is unreasonable (except to the extent such delay results from Tenant’s failure to comply with the Development Plan); and/or (b) the negligence or willful misconduct of Landlord or its employees. No Landlord Delay shall operate to excuse, xxxxx or delay Xxxxxx’s obligation to pay Rent.
Landlord Delay. A “Landlord Delay” shall be defined as any act or omission by Landlord or any agent, employee, consultant, contractor or subcontractor of Landlord which causes an actual delay in the completion of Tenant’s Work. Notwithstanding the foregoing, no event shall be deemed to be a Landlord Delay until and unless Tenant has given Landlord written notice (the “Landlord Delay Notice”) advising Landlord (i) that a Landlord Delay is occurring, (ii) of the basis on which Tenant has determined that a Landlord Delay is occurring, and (iii) the actions which Tenant believes that Landlord must take to eliminate such Landlord Delay, and Landlord has failed to correct the Landlord Delay specified in the Landlord Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Landlord pursuant to such Landlord Delay Notice.
