Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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 Suite 475 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.
Appears in 2 contracts
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal Drawings pursuant to Section 2.6 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach breath by Tenant of this Suite 475 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 are 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 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.
Appears in 2 contracts
Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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 Suite 475 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 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 completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred.
Appears in 2 contracts
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant the Plans Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlinePlans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 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 (or the Initial Landlord Work Plans) 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.
Appears in 2 contracts
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant the Pricing Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlineDue Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 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 anything to the contrary provision of in this AgreementAgreement or this Work Letter, 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.
Appears in 2 contracts
Sources: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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 Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in 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 any portion of the Approved Construction DrawingsTenant Improvements that do not constitute customary general office improvements; or (g) any other act or omission of Tenant or any of its agents, employees or representativesrepresentatives that continues for more than one (1) business day after notice thereof to Tenant, 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.
Appears in 2 contracts
Sources: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal Drawings pursuant to Section 2.6 2.5 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 Suite 475 350 Work Letter or the LeaseLease (as amended); (d) any change (or Tenant’s request by Tenant for a revision to any change) in 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.
Appears in 2 contracts
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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 DeadlineIntentionally Omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 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 Project 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.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal pursuant to Section 2.6 above and deliver the Permits to Landlord pursuant to Section 2.8 above on or before Tenant’s Approval and Permitting Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to Landlord’s approval of any change) in 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; or (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.
Appears in 1 contract
Tenant Delay. If Any of the following types of delay in the completion of construction of Landlord's TI Work (but in each instance, only to the extent that any of the following has actually and proximately caused substantial completion of Landlord's TI Work to be delayed):
(i) Any delay resulting from Tenant's failure to furnish, in a timely manner, information reasonably requested by Landlord or by Landlord's Project Manager in connection with the design or construction of Landlord's TI Work, or from Tenant's failure to approve in a timely manner any matters requiring approval by Tenant;
(ii) Any delay resulting from Tenant Improvement Work is delayed (for purposes of this Exhibit BChange Requests initiated by Tenant, a “Tenant Delay”) including any delay resulting from the need to revise any drawings or obtain further governmental approvals as a result of any such Tenant Change Request;
(aiii) any failure Any delay caused by Tenant (or Tenant's contractors, agents or employees) materially interfering with the performance of Landlord's TI Work, provided that Landlord shall have given Tenant prompt notice of such material interference and, before the first time a Tenant Delay is deemed to have occurred as a result of such delay, such interference has continued for more than forty-eight (48) hours after Tenant’s receipt of such notice;
(iv) Any delay caused by Tenant failing to take the actions required 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 in this Tenant of this Suite 475 Work Letter or the Lease; to (dA) any request by Tenant for a revision to cause the Approved Construction Schematic Plans or Final TI Working Drawings to have been completed and approved by the applicable dates set forth on Schedule 3 to this Exhibit B (except to the extent such delay results from “Time Deadlines”), or (B) meet 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 other of the Tenant Improvement Work as milestone dates 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 occurredTime Deadlines.
Appears in 1 contract
Sources: Lease (Graphite Bio, Inc.)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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 's Approval Deadline; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (c) any breach by Tenant of this Suite 475 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 's requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; or (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 completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit Bherein, 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 Deadlineintentionally omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Expansion Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in 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.
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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 's failure to timely approve any matter requiring Tenant’s 's approval; (cb) any breach by Tenant of this Suite 475 Work Letter or the Lease; (dc) 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 3.3 above); (ed) Tenant’s 's requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion 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 (ge) 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 completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred.. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant
Appears in 1 contract
Sources: Lease Agreement (Kempharm, Inc)
Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant the Plans Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlinePlans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 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 Improvements 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 Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal Drawings pursuant to Section 2.6 2.5 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 Suite 475 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.
Appears in 1 contract
Sources: Office Lease (Graphon Corp/De)
Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant the Pricing Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlineDue Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 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 Improvements 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 Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Sources: Office Lease (Trintech Group PLC)
Tenant Delay. If (a) the substantial completion of the Tenant Improvement Work Improvements is delayed (for purposes of this Exhibit B, 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; (bi) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cii) any breach by Tenant of this Suite 475 Work Letter or the Lease; (diii) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings Plans (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (eiv) 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 Improvements 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 (gv) any other act or omission of Tenant or any of its agents, employees or representatives; and (b) Landlord provides written notice to Tenant of such Tenant Delay and Tenant fails to cure such Tenant Delay within a commercially reasonable amount of time, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to perform comply with 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 DrawingsWork List; 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.
Appears in 1 contract
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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; (cb) any breach by Tenant of this Suite 475 Work Letter or the Lease; (dc) 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 2.4 above); (ed) 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 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 (ge) 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 completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.
Appears in 1 contract
Sources: Office Lease (Catasys, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit BB-1, 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[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 255 and Suite 270 Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to perform comply with 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 DrawingsWork List; 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.
Appears in 1 contract
Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, 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; (cb) any breach by Tenant of this Suite 475 Work Letter or the Lease; (dc) 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 2.4 above); (ed) Tenant’s requirement for materials, components, finishes or improvements that are different from the finishes in the Existing Premises and are not available in a commercially reasonable time given the anticipated date of substantial completion 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 (ge) 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 completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.
Appears in 1 contract
Sources: Lease Agreement (Catasys, Inc.)
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed not Substantially Completed due to delay (for purposes of this Exhibit B, a “Tenant Delay”) as a result of resulting (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 Suite 475 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 is to be Substantially Completed 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 completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Substantially Completed but for the Tenant Delay had occurredDays.
Appears in 1 contract
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant the Plans Completion Data to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlinePlans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 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.
Appears in 1 contract
Sources: Sublease Agreement (Telik Inc)