Lessee Delay. Notwithstanding the foregoing, if Lessor's ------------ completion of the Tenant Improvement Work is delayed as a result of any Lessee Delay (defined below), then the Commencement Date as would otherwise have been established pursuant to section (b) above shall be accelerated by the number of days of such Lessee Delay. For purposes of this Lease, "Lessee Delay" shall man any delay or delays in Substantial Completion of the Tenant Improvement Work resulting from (i) Lessee's failure to promptly furnish any information necessary for Architect's completion of the Preliminary Plans or final construction plans or to approve the Preliminary Plans or the final construction plans by the date set forth, (ii) Lessee's failure to provide information to the Architect in accordance with the provisions of this Work Letter Agreement, (iii) Lessee's changes to the Approved Plans after Lessor's and Lessee's approval thereof, (iv) Lessee's failure to otherwise perform any of its obligations hereunder by the dates set forth and/or Lessee's failure to otherwise comply with any provision of the Lease, (v) Lessee's request for materials, finishes or installations that are long lead-time items, provided that Lessor shall notify Lessee of such fact and give Lessee the opportunity of substitution within three (3) business days after such notice, and any delay resulting from such substitution shall be a Lessee Delay (provided it shall not be a Lessee Delay if no substitution is available on a shorter lead-time), (vi) any delay of Lessee in making payment of Lessee's share of the costs and expenses of the design and construction of the Tenant Improvement Work, (vii) Lessee's interference with Lessor or the General Contractor's construction of the Tenant Improvement Work, (viii) any work performed by Lessee in the Premises which interferes with, obstructs or delays Lessor in the construction of the Tenant Improvement Work (provided the parties acknowledge that Lessee will be entering the Premises prior to Substantial Completion to install equipment and other improvements in accordance with section 7 below) and (ix) any other act or failure, after the date Lessee executes this Work Letter Agreement, by Lessee, Lessee' s employees, agents, consultants or any other persons performing or required to perform services on behalf of Lessee. Prior to claiming any Lessee Delay and as a condition to such claim, Lessor must notify Lessee in writing within twenty four hours of the occurrence of a...
Lessee Delay. Upon the occurrence of any Lessee Delay, Lessor shall have the right to take such Lessee Delay into account and to reasonably establish the date of Substantial Completion as the date on which Lessor would have Substantially Completed the Addendum No. 6 Expansion Space Improvements but for such Lessee Delay. If there occurs any concurrent Lessee Delay and either a Lessor delay or an Unavoidable Delay (or both), such delay shall be deemed to be a Lessee Delay. Lessor shall have no obligation to expend any funds, employ any additional labor, contract for overtime work or otherwise take any action to compensate for any Lessee Delay.
Lessee Delay. 3.01 Lessee's obligation for the payment of Rent under this Lease for the Premises shall commence on the Commencement Date specified in Section 2 of this Lease. The term "
Lessee Delay. If and to the extent that Lessor's Work or tender of possession of the Office Space to Lessee is delayed by any act or omission of Lessee, Lessee's Architect or Lessee's Engineers, Lessee's agents or contractors, or persons employed by any of them, the period of delay resulting therefrom (excluding any period of delay resulting from Excusable Delay) shall constitute Lessee Delay. For purposes of the Lease and this Workletter, any Lessee Delay which delays tender of possession of any portion of the Office Space to Lessee in the condition described in Paragraph 1 hereof or which delays substantial completion of any portion of Lessor's Work, tender of possession of the Office Space to Lessee or substantial completion of Lessor's Work, as the case may be, shall be deemed to have occurred on the date when the same would have occurred but for Lessee Delay.
Lessee Delay. If Lessor is delayed in achieving Substantial ------------ Completion due to a delay caused by a Lessee Party or for any other cause arising from an act or omission of any Lessee Party including (A)Lessee's request for change orders to the Work, (B) Lessee's failure to timely deliver or approve any required documentation, such as Lessee's Information, if applicable, Construction Documents, pricing estimates, and the like, (C) Lessee's failure to pay any Cost Overruns (as defined below), or (D) Lessee's failure to otherwise respond to any other Lessor request (collectively, "Lessee Delay"), Substantial Completion shall be deemed to have occurred on the date Substantial Completion would have been achieved but for such Lessee Delay.
Lessee Delay. Notwithstanding anything to the contrary contained in this Lease, upon the Commencement Date, Lessee shall pay to Lessor an additional payment of a sum calculated by multiplying the per diem fixed monthly Base Rent times the number of days of delay which are due to Lessee Delays. "Lessee Delays" means any delay by lessee (i) in final approval of the Plans pursuant to PARA 51.3, or (ii) in Lessor's achievement of the Substantial Completion Date resulting from Lessee's changes to the Preliminary Plans prior to final approval of the Plans, to the Plans after final approval thereof, or any other interference with construction activities.
Lessee Delay. As used herein, “Lessee Delay” shall mean any delay in the commencement or completion of the Tenant Improvements caused by Lessee or any of the EXHIBIT C Lessee Parties, including, without limitation, Lessee’s delay in approving the Working Drawings or Approved Plans, Change Order Delays occasioned by Lessee initiated Change Orders, unreasonable interference by Lessee, or its contractors, consultants, or fixture installers with the orderly progress of the construction of the Tenant Improvements, or Lessee’s failure to deliver to Lessor any Excess TI Costs payable by Lessee. Lessor shall give Lessee prompt written notice if Lessor becomes aware that Lessee is in danger of causing a Lessee Delay (other than a Change Order Delay) and if Lessee takes appropriate measures to prevent such delay within one (1) business days following such notice, such delay shall not constitute a Lessee Delay.
Lessee Delay. If Lessor is delayed in substantially completing the Lessor’s Work as a result any of the following (collectively, “Lessee Delays”):
Lessee Delay. The term “Lessee Delay” means any delay in Lessor’s substantial completion of Lessor’s Work caused by (i) Lxxxxx’s interference with Lxxxxx’s Work or Lxxxxx’s activities in the Premises, Building or on the Project, or (ii) any other action or omission of Lessee or any default by Lessee under the Lease. Exhibit “B” - 1 EXHIBIT “C” RULES AND REGULATIONS
Lessee Delay. Notwithstanding anything to the contrary contained in this Lease, upon the Commencement Date, Lessee shall pay to Lessor an additional payment of a sum calculated by multiplying the per them fixed monthly Base Rent times the number of days of delay which are due to Lessee Delays.
