Common use of Landlord Delay Clause in Contracts

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. The term Subject to the terms of this Section 9, a “Landlord Delay” shall mean means delays in completing the Tenant Improvements attributable solely to Landlord, including, without limitation, (i) the Landlord’s failure of Landlord to provide act or respond within any responses time period required of Landlord within the time periods set forth in this by Exhibit B-1 B or Exhibit B-1, (ii) any actual delay Landlord’s failure to provide services or access to the Leased Premises to Tenant’s General Contractor to the extent required hereby and subject to the terms and conditions of this Lease applicable to Tenant’s General Contractor (iii) modifications to the CDs or the Tenant Improvements required by errors in the Base Building plans and specifications provided to Tenant, (iv) defects in the Base Building Condition; or (v) any other wrongful and intentional act or omission of Landlord that actually delays completion of the Expansion Space Tenant Improvements Improvements, provided written notice of any claimed Landlord Delay is provided by Tenant to Landlord within five (5) business days after first learning of the events giving rise to the extent caused by potential delay, and Landlord is afforded three (3) business days after receipt of such notice to cure or otherwise eliminate the correction of any Defect that Tenant has identified to Landlord in accordance with Section 2 cause of the Second Amendment; provided, however, (1) a applicable delay. If Landlord Delay shall not include any fails to cure or otherwise eliminate the cause 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 applicable delay within one three (13) Business Day business days after Landlord’s receipt of such noticenotice thereof from Tenant, then notwithstanding anything to the contrary set forth in which case this Lease, as Tenant’s sole and exclusive remedy for the number of days of delay after such notice Landlord Delay, the Rent Commencement Date shall be a Landlord Delay. Tenant shall be entitled to extended one (1) day of Base Rent abatement for each day of documented Landlord Xxxxx; provided, that Delay beyond such abatement attributable to all Landlord Delays identified in clause three (ii3) of the definition thereof shall not exceed two (2) months in the aggregatebusiness day cure period.

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 E-1 or (ii) any actual delay in Tenant’s ability to occupy the applicable portion of the Premises following completion of the Expansion Space Tenant Improvements to applicable Construction Phase (including delays in the extent issuance of a certificate of occupancy or other governmental issued permit required for occupancy or completion of the applicable Construction Phase) caused by Landlord’s failure to diligently perform the correction of any Defect that Tenant has identified to Landlord Landlord’s Work set forth in accordance with Section 2 of the Second Amendment7 below (excluding delays caused by Force Majeure); 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 applicable to the portion of the Premises that includes the affected Construction Phase, 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 aggregateDelay.