Lessee's Delay Sample Clauses

Lessee's Delay. It is the intent of the parties that the Commencement of Construction (as defined in Paragraph 31) shall occur on or before July 1, 1998. The Lessee has hired Xxxxxxxxxxx Architect to design and complete the Construction Documents. Lessor shall deliver construction documents to Lessee by May 15, 1998. Lessee shall approve the Construction Documents for the project by May 22, 1998. Any delay in the Lessee approvals that is the sole cause of an extension of the commencement of construction date shall also adjust any compensatory adjustment referenced in Paragraph 2.4. Lessee agrees that Lessor shall not be liable for any liquidated damages, or costs to Lessee associated with or resulting from unreasonable delays in Lessee's information and/or approvals, but Lessor shall first give Lessee reasonable written notice of such alleged delays and a reasonable opportunity to provide such information and/or approvals. Should Lessee be responsible for a delay in milestone approvals (as indicated on Exhibit "F") such that Commencement of Construction occurs after July 1, 1998, any additional winter construction cost premium shall be Lessee's responsibility.
Sample 1Sample 2
AutoNDA by SimpleDocs
Lessee's Delay. The Lessor shall immediately notify Lessee in writing of any delays (“Lessee Delay”) on the schedule caused by the Lessee or its contractors. Lessee shall not be charged with any period of Lessee Delay which is prior to the time that Lessee receives a written notice of such Lessee Delay. In no event shall Lessee be charged for any period of time as a Lessee Delay to the extent that it is based upon: (i) any act or omission which Lessee has the right to perform under this Lease, (ii) any act or omission of Lessor, or (iii) any cause beyond Lessee’s reasonable control. If Lessor is delayed in the performance of Lessor’s Work by reason of Lessee Delay, then any of Phases I, II or III, which is affected by such Lessee Delay shall be extended by the period that Lessor’s Work is affected by such Lessee Delay, and (ii) Lessor shall be deemed to have achieved the Final Date of Delivery on the date which Lessor would have achieved such Date, but for the occurrence of such Lessee Delay, and Lessee shall begin to pay Rent (as defined in section 3.00 hereof) on that date, as sole compensation for any Lessee’s Delay. Notwithstanding the foregoing, the payment of service fees agreed on clause 3.00 hereof, shall commence as of the Final Date of Delivery (as defined in Section 2.02 hereof). Any delays in the performance of Lessor’s Work caused by changes in Lessor’s Work requested by Lessee (“Lessee Changes”) shall be deemed to be Lessee Delay.
Sample 1
Lessee's Delay. If the substantial completion of Lessee's Addition Work is delayed by any cause other than (i) a Lessor's Delay as defined above, or (ii) an event of Force Majeure (as defined in Section 24.0 of the Lease) (a "Lessee's Delay"), such delay shall have no effect on the Building Addition Rent Commencement Date and the Building Addition Rent Commencement Date shall be the date on which Lessor's architect reasonably determines that the Building Addition would have been substantially completed but for such Lessee's Delay.
Sample 1
Lessee's Delay. No delay in the completion of the Leased Premises resulting from delay or failure on the part of Lessee in furnishing information or other matters required in this Lease, and no delay resulting from the completion of work, if any, that is to be performed at Lessee's expense pursuant to this Lease, shall delay the Commencement Date, Expiration Date or commencement of payment of Rent (as defined in Subsection 4.02 below.)
Sample 1
Lessee's Delay. Lessee's obligation to pay Base Rent shall commence, as set forth In Paragraph 1.5; provided, however, if Lessor shall be delayed in substantially completing Lessor's Work as a result of (a) Lessee making material changes in the Lessee's Plans, or (b) hindrance or disruption of the work of Lessor's contractor resulting from Lessee's Initial Improvements, then the commencement of Base Rent shall be accelerated by the number of days of such delay. ADDENDUM 2 BASE RENT AND CABINET AND CONDUIT CHARGES ADJUSTMENTS This Addendum 2 is attached to and made a part of that certain Lease, dated as of March 19, 1999, between The Cambay Group, Inc., a California corporation, as Lessor, and Universal Access, Inc., an Illinois corporation, as Lessee. On the first anniversary of the Commencement Date (the "Adjustment Date"), and continuing on each anniversary of the Adjustment Date thereafter during the initial term and for the second and each succeeding year, the Base Rent, and all Cabinet and Conduit Charges then in effect, shall be increased at the rate of three percent (3%) per annum. As of each Adjustment Date, the monthly Base Rent and Cabinet and Conduit Charges payable during the ensuing twelve-month period shall be determined by increasing the previous monthly rent and charges for the month just ended by three percent (3%). Said increases shall be on a compounded basis. ADDENDUM 3 OPTION TO RENEW This Addendum 3 is attached to and made a part of that certain Lease, dated as of March 19, 1999, between The Cambay Group, Inc., a California corporation, as Lessor, and Universal Access, Inc., an Illinois corporation, as Lessee.
Sample 1
Lessee's Delay. No delay in the completion of the Leased Premises resulting (i) from delay or failure on the part of Lessee in furnishing information or other matters required in Exhibit C, or (ii) from the delay or failure on the part of Lessee in completion of work, if any, that is to be performed by Lessee pursuant to Exhibit C, shall delay the Term Commencement Date, Term Expiration Date or commencement of payment of Rent (as defined in Subsection 4.01 below).
Sample 1
Lessee's Delay. The term "LESSEE DELAY" shall mean any delay that Lessor may encounter in the performance of Lessor's obligations under the Lease because of any act or omission of any nature by Lessee or its agents or contractors, including, but not limited to, any: (a) delay attributable to Changes (as that term is defined herein) in or additions requested by Lessee to the Final Plans, or to the Lessee's Work, or to the Lessor's Phase One Work, or to the Lessor's Phase Two Work, including any delay by Lessee in the submission of information required by this Lease or the giving of authorizations or approvals within the time limits set forth in this Lease; (b) delay attributable to the postponement of any of Lessor's Phase One Work or Lessor's Phase Two Work at the request of Lessee; (c) delay attributable to the failure of Lessee to deliver to Lessor the Preliminary Plans, Final Plans and other plans required to be submitted by Lessee pursuant to this Lease; (d) delay attributable to the failure of Lessee to pay, when due, the amounts required by Lessee pursuant to the Lease; and, (e) Lessee's delay in substantially completing any of Lessee's Work. Lessee shall pay all costs and expenses incurred by Lessor which result from any Lessee Delay, including, without limitation, any actual and reasonable costs and expenses attributable to increases in the cost of labor or materials.
Sample 1
AutoNDA by SimpleDocs

Related to Lessee's Delay

  • Landlord Delay As used herein, (x) “Force Majeure Construction Delay” shall mean acts of God, casualties, natural disasters, strikes, war, terrorist attacks, lockouts, labor disputes or civil commotion, and (y) “Landlord Delay” shall mean a delay in the construction of the Tenant Improvements or Compliance Work resulting directly from the acts or omissions of Landlord, Landlord’s employees, agents, or contractors including, but not limited to (i) failure of Landlord to timely approve or disapprove any plans; (ii) interference by Landlord, its employees, agents or contractors with the completion of the Tenant Improvements or Compliance Work (including the impairment of Tenant’s contractors’ or vendors’ or employees’ access to the Premises for any reason (including due to the presence of Landlord’s contractors, vendors or personnel), failure to provide reasonable access to the Building’s loading docks or other facilities necessary for the construction of the Tenant Improvements or Compliance Work and/or the movement of materials and personnel to the Premises for such purpose) and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Force Majeure Construction Delay or a Landlord Delay has occurred, Tenant acknowledges and agrees that it has inspected the Building and the Site and in no event shall the physical character or condition of the Building and/or Site existing as of the Effective Date constitute a basis for a Landlord Delay (this agreement does not apply to the failure of any Building component to properly operate). Further, in no event shall any delay of Landlord constitute a Landlord Delay unless such delay results in a full day of delay in the construction of the Tenant Improvements or Compliance Work. Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above. Tenant will additionally use reasonable efforts to mitigate the effects of any Force Majeure Construction Delay or Landlord Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. If the actions or inactions or circumstances described in the Delay Notice constitute a Landlord Delay, and are not cured by Landlord within one (1) business day after Landlord’s receipt of the Delay Notice, then a Landlord Delay shall be deemed to have occurred commencing as of the expiration of such one (l)-business day period. The Lease Commencement Date and the Lease Expiration Date will each be delayed on a day for day basis for each day of Force Majeure Construction Delay or Landlord Delay.

  • Tenant Delay If the Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred.

  • LESSEE'S DEFAULT The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee:

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Holdover Rent Landlord and Tenant recognize that the damage to Landlord resulting from any failure by any Tenant Party to timely surrender possession of the Premises may be substantial, may exceed the amount of the Rent theretofore payable hereunder, and will be impossible to accurately measure. Tenant therefore agrees that if possession of the Premises is not surrendered to Landlord within twenty-four (24) hours after the Expiration Date, excluding Unavoidable Delays, or sooner termination of the Term, in addition to any other rights or remedies Landlord may have hereunder or at law, Tenant shall pay to Landlord for each month (notwithstanding that any holdover may be for a period of less than a calendar month) during which any Tenant Party holds over in the Premises after the Expiration Date or sooner termination of the Term, a sum equal to (i) one and one-half (11/2) times the Rent payable under this Lease for the last full calendar month of the Term determined on a gross basis for the first one hundred twenty (120) days of holdover and (ii) two (2) times the Rent payable under this Lease for the last full calendar month of the Term determined on a gross basis from the one hundred twenty-first (121st) day of holdover until Tenant vacates the Premises and delivers possession to Landlord; and Tenant shall be liable to Landlord for any payment or rent concession (including, without limitation, any consequential damages, but excluding any non-customary excessive penalties provided for in the New Tenant’s (as hereinafter defined) lease) which Landlord may be required to make to any tenant obtained by Landlord for all or any part of the Premises (a “New Tenant”) in order to induce such New Tenant not to terminate its lease by reason of the holding-over by any Tenant Party, and the loss of the benefit of the bargain if any New Tenant shall terminate its lease by reason of the holding-over by any Tenant Party, and indemnify Landlord against all claims for damages by any New Tenant. No holding-over by any Tenant Party, nor the payment to Landlord of the amounts specified above, shall operate to extend the Term hereof, nor constitute any tenancy other than a “month to month” tenancy at will. Nothing herein contained shall be deemed to permit any Tenant Party to retain possession of the Premises after the Expiration Date or sooner termination of this Lease, and no acceptance by Landlord of payments from any Tenant Party after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this Article 20, nor shall it operate as a waiver of Landlord’s right of re-entry or any other right or remedy of Landlord under this Lease. All of Tenant’s obligations under this Article 20 shall survive the expiration or earlier termination of the Term of this Lease.

  • Tenant’s Work After the Commencement Date, Tenant at its sole cost and expense intends to construct leasehold improvements in the Demised Premises (“Tenant’s Work”) as detailed in the plans and specifications to be prepared by Tenant’s architect (“TI Architect”). Tenant shall be allowed to select a general contractor to perform the Tenant’s Work, provided said general contractor shall be properly licensed, bonded and of a reputation reasonably acceptable to Landlord. An affiliate of Landlord, Minkoff Development Corporation (“MDC”), shall act as Landlord’s construction manager to review plans and oversee construction of the Tenant’s Work by the general contractor. MDC shall receive a fee equal to one percent (1%) of the cost of the Tenant’s Work, which fee shall not exceed $50,000. Tenant shall have the right to submit plans for the Tenant’s Work in stages for portions of the Demised Premises. Tenant shall cause the TI Architect to prepare and deliver to Landlord for Landlord’s or MDC’s review preliminary plans (architectural, mechanical, electrical, plumbing and structural, if necessary) and specifications for the proposed leasehold improvements (the “Preliminary Plans”). Landlord shall have five (5) business days after its receipt thereof (or such additional time as may reasonably be necessary) to review the Preliminary Plans, request any changes it deems reasonably appropriate, and indicate on the Preliminary Plans which portions of the leasehold improvements are to be removed by Tenant prior to the expiration or termination of the Lease. The TI Architect shall modify the Preliminary Plans to accommodate Landlord’s changes, and resubmit the revised plans (the “Revised Preliminary Plans”) to Landlord for approval. If Tenant or the TI Architect elect not to make said changes to the Preliminary Plans, then Landlord shall have the right to require Tenant to perform corresponding restoration work to effect said changes prior to the expiration or termination of the Lease. Upon receipt of Landlord’s approval of the Revised Preliminary Plans, the TI Architect shall prepare a complete set of construction drawings and specifications for the construction of the proposed leasehold improvements (the “Working Drawings”). The Working Drawings shall be in sufficient detail for (i) Tenant’s general contractor to obtain bids from all trades for and to perform the work described on the Working Drawings; (ii) Tenant’s general contractor to secure building permits from the requisite governmental authorities having jurisdiction over same; and (iii) Landlord or MDC to indicate the portion of Tenant’s Work, if any, which Tenant is to remove by expiration or termination of the Lease. The Working Drawings shall conform to and be consistent with the Revised Preliminary Plans and comply with all applicable Laws and Insurance Requirements, as those terms are defined in the Lease. The Working Drawings shall be submitted to MDC for review and approval, which approval (or a request for changes to be made) shall be given within ten (10) days after receipt thereof. Within five (5) business days after MDC’s approval of the Working Drawings, as modified by any revisions requested by MDC, Landlord and Tenant shall initial same to confirm their mutual approval thereof (the “Approved Working Drawings ”). The Approved Working Drawings will indicate which portions of the Tenant’s Work, if any, will have to be removed by Tenant prior to the expiration or termination of the Lease, and Tenant will timely comply with such requirement and repair any damage to the Land or the Building caused thereby at its own expense. Tenant will have no obligation to remove any other portion of the Tenant’s Work.

  • LANDLORD The covenants and obligations contained in this Lease on the part of Landlord are binding on Landlord, its successors, and assigns only during their respective period of ownership of an interest in the Building. In the event of any transfer or transfers of such title to the Building, Landlord (and, in the case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease thereafter to be performed.

  • Tenant’s Repairs Subject to Section 13 hereof, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.

  • Lessee The related Lessee is a Person other than MBFS USA, any Affiliate thereof or a Governmental Authority and, at the time of origination of the 201[__]-[__] Lease, based on information provided by the Lessee, the Lessee is located in and has a billing address within a State.

Time is Money Join Law Insider Premium to draft better contracts faster.