Common use of Tenant Caused Delays Clause in Contracts

Tenant Caused Delays. To the extent that a delay shall occur in the Substantial Completion of a Floor or of the Project as the direct or indirect result of a delay with regard to one or more critical path aspects of the Project fairly attributable to the acts or omissions of Tenant; then: (i) any such delay shall extend the date for the completion by Landlord of that part of the Work which is delayed by one (1) day for each day of such delay; and, (ii) Tenant shall reimburse Landlord on demand for all additional costs incurred by Landlord as a result of such delays (including, without limitation: (a) increased design costs, (b) increased construction costs, (c) increased development management costs, and (d) increased financing costs or fees in connection with loan extensions or replacements required by reason of the resulting delays, if any, in the construction schedule; provided, however, that any amount so reimbursed by Tenant shall be excluded from Aggregate Development Cost). In addition, any such delay in the Substantial Completion of construction shall extend all dates for the Substantial Completion by Landlord of any work to be performed by it on the Phase I Land, the Phase II Land or a particular Building by one (1) day for each day of such delay in Substantial Completion; and, the Rent Commencement Dates under the Lease shall each be deemed to have occurred one (1) day sooner than the day upon which the conditions for the occurrence of each such date are actually fulfilled for each day of such delay. The following is a non-exclusive list of the kinds of acts or omissions which could, depending on the applicable facts and circumstances, result in a delay in the Substantial Completion of a Floor: (i) any delay of Tenant, beyond the periods provided in this Leasehold Improvements Agreement for the response of Tenant, in giving any consent or approval which is required pursuant to this Leasehold Improvements Agreement; (ii) any request by Tenant that Landlord delay any element, or the completion, of construction; (iii) any request by Tenant for a Modification or any Modification undertaken at the request of Tenant or any change to any of the Final Working Drawings for the Tenant Improvements after such Final Working Drawings for the Tenant Improvements have been approved; (iv) any event of default by Tenant under the Lease, the Option Agreement, the Phase II Purchase Agreement or any Event of Tenant Default under this Leasehold Improvements Agreement; (v) any interference by Tenant or its agents or contractors with the prosecution by Landlord of the Work; (vi) any reasonably necessary displacement of any construction from its place in Landlord's construction schedule resulting from any of the causes for delay described above and the fitting of such construction back into such schedule; or (vii) any delay in obtaining any approval or permit from the City of San ▇▇▇▇▇▇ or any other governmental entity or any utility company or district resulting from any other delay referred to in this Section 0. Following a determination by Landlord that a Tenant Caused Delay is reasonably likely to result from an event of the kind referred to in this Section 0, Landlord shall give written notice of such event to Tenant. Landlord shall use Landlord's reasonable efforts to minimize the length of any such delay and to mitigate or eliminate the effects of such delay in subsequent parts of the work, which reasonable efforts may include overtime to the extent reasonably requested by Tenant to minimize the adverse economic consequences to Tenant of such delay, but only if and to the extent Tenant agrees to reimburse Landlord upon demand for any incremental increase in the cost of performing the work as to which such overtime is used. The delays described in this Section 0 are referred to in this Leasehold Improvements Agreement as "Tenant Caused Delays". Tenant acknowledges that, because grading of the site will only be permitted during certain months, relatively brief delays may result in a lengthy postponement of the commencement of grading until it can be undertaken during a month in which grading is permitted, and the duration of any such delay in such grading shall be taken into account in determining the duration of any Tenant Caused Delay.

Tenant Caused Delays. To the extent that a If there shall be an actual delay shall occur or there are delays in the Substantial Completion of the Improvements as a Floor direct, indirect, partial, or total result of: 5.5.1 Tenant’s failure to approve any matter requiring Tenant’s approval in this First Amendment Work Letter within the longer of the Project as the direct time period set forth herein or indirect result of a delay with regard to one or more critical path aspects five (5) business days; 5.5.2 A default by Tenant of the Project fairly attributable terms of this First Amendment Work Letter or the Lease which continues beyond the applicable notice and cure period; 5.5.3 Changes in any of the Construction Drawings after reasonable disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws; 5.5.4 Tenant’s request for changes in the Approved Working Drawings; 5.5.5 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Improvements, as set forth in this Amendment; 5.5.6 Changes to the Base Building required by the Approved Working Drawings; or 5.5.7 Any other acts or omissions of Tenant, or its agents, or employees; then: (i) any such delay shall extend , notwithstanding anything to the date for contrary set forth in the completion by Landlord of that part Lease, as hereby amended, or this First Amendment Work Letter and regardless of the Work which is delayed by one (1) day for each day actual date of such delay; and, (ii) Tenant shall reimburse Landlord on demand for all additional costs incurred by Landlord as a result of such delays (including, without limitation: (a) increased design costs, (b) increased construction costs, (c) increased development management costs, and (d) increased financing costs or fees in connection with loan extensions or replacements required by reason of the resulting delays, if any, in the construction schedule; provided, however, that any amount so reimbursed by Tenant shall be excluded from Aggregate Development Cost). In addition, any such delay in the Substantial Completion of construction shall extend all dates for the Substantial Completion by Landlord of any work to be performed by it on the Phase I LandImprovements, the Phase II Land or a particular Building by one (1) day for each day of such delay in Substantial Completion; and, the Rent Commencement Dates under the Lease shall each be deemed to have occurred one (1) day sooner than the day upon which the conditions for the occurrence of each such date are actually fulfilled for each day of such delay. The following is a non-exclusive list of the kinds of acts or omissions which could, depending on the applicable facts and circumstances, result in a delay in the Substantial Completion of a Floor: (i) any delay of Tenant, beyond the periods provided in this Leasehold Improvements Agreement for shall be deemed to be the response of Tenant, in giving any consent or approval which is required pursuant to this Leasehold Improvements Agreement; (ii) any request by Tenant that Landlord delay any element, or date the completion, of construction; (iii) any request by Tenant for a Modification or any Modification undertaken at the request of Tenant or any change to any Substantial Completion of the Final Working Drawings for the Improvements would have occurred if no Tenant Improvements after such Final Working Drawings for the Tenant Improvements have been approved; (iv) any event of default by Tenant under the Leasedelay or delays, the Option Agreementas set forth above, the Phase II Purchase Agreement or any Event of Tenant Default under this Leasehold Improvements Agreement; (v) any interference by Tenant or its agents or contractors with the prosecution by had occurred. If Landlord of the Work; (vi) any reasonably necessary displacement of any construction from its place in Landlord's construction schedule resulting from any of the causes for delay described above and the fitting of such construction back into such schedule; or (vii) any delay in obtaining any approval or permit from the City of San ▇▇▇▇▇▇ or any other governmental entity or any utility company or district resulting from any other delay referred to in this Section 0. Following a determination by Landlord contends that a Tenant Caused Delay is reasonably likely to result from an event of the kind referred to in this Section 0has occurred or may be occurring, Landlord shall give written notice immediately notify Tenant in writing (the “Tenant Delay Notice”) of the event that constitutes such event to TenantTenant Delay. Landlord shall use Landlord's reasonable efforts to minimize the length of any such delay and to mitigate or eliminate the effects of such delay in subsequent parts Tenant hereby acknowledge and agree that as of the workdate of this Amendment, no event has occurred which reasonable efforts may include overtime to the extent reasonably requested by constitute a Tenant to minimize the adverse economic consequences to Tenant of such delay, but only if and to the extent Tenant agrees to reimburse Landlord upon demand for any incremental increase in the cost of performing the work as to which such overtime is used. The delays described in this Section 0 are referred to in this Leasehold Improvements Agreement as "Tenant Caused Delays". Tenant acknowledges that, because grading of the site will only be permitted during certain months, relatively brief delays may result in a lengthy postponement of the commencement of grading until it can be undertaken during a month in which grading is permitted, and the duration of any such delay in such grading shall be taken into account in determining the duration of any Tenant Caused Delay.