Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result of the occurrence of any Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”: (a) Tenant’s failure to furnish information or to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the Plans; or (b) Tenant’s insistence on materials, finishes, or installations that have long lead times after having first been informed that the materials, finishes, or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity employed by Tenant in the completion of any work; or (e) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omission.
Appears in 1 contract
Sources: Office Lease (Direct Insite Corp)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Paragraph 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information or changes made by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Paragraphs 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇; (▇) Tenant’s insistence on 's requirements for special work or materials, finishes, or installations that have long lead times after or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having first been informed that jurisdiction over the materialsBuilding, finishesthe Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use; (f) the completion of any work associated with Tenant's specific laboratory requirements and work related to any requirements of governmental and regulatory agencies with respect thereto; (g) the performance of any additional work pursuant to a Change Request by Tenant; (h) the performance of work in or about the Premises by any person, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from acts or omissions of Tenant or Tenant’s having taken possession 's agents or employees, any Construction Entity, or any of their representatives or successors, in any manner whatsoever, including, but not limited to, any and all revisions to the Premises for any reason before substantial completion Approved Final Drawings. Any delays in the construction of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding Improvements due to any of the cost of all events described above, shall in no way extend or a portion affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Delays for which Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Sources: Industrial Lease (Abgenix Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of the term of the Lease if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant Delay and/or any of Tenant’s Representatives or Tenant’s intended use of the Premises (as hereafter definedcollectively, “Tenant Delays”), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on requirements for special work or materials, finishes, or installations that have long lead times after other than the Building Standards or Tenant’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having first been informed that jurisdiction over the materialsBuilding, finishes, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s use or installations will cause a Delay; or (c) changes in the Plans or Tenant’s specialized Tenant Improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (g) the performance of any additional work pursuant to a Change Request that is requested by Tenant; (h) the performance of work in or (d) performance about the Premises by any person, firm or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s having taken possession of Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Premises for any reason before substantial completion Approved Final Drawings. Any delays in the construction of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding Improvements due to any of the cost of all events described above, shall in no way extend or a portion effect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Delays for which Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Sources: Lease Agreement (Alphasmart Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any actual delay attributable to Tenant and/or Tenant’s Representatives or Tenant’s intended use of the Premises (collectively, “Tenant Delays”), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s delays related to changes made or requested by Tenant to the Work and/or the Final Drawings after final approval by Landlord and Tenant of the Final Drawings; (b) the failure of Tenant to furnish information or to respond to any request by Landlord all or any design consultant for any approval plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above within any the required time period prescribedlimits or, or if no time period limit is prescribedspecified, within three Business Days in a prompt manner; (c) the failure of a request, including any information required Tenant to prepare comply with the Plansrequirements of Section 9 below; or (bd) Tenant’s insistence on requirements for special work or materials, finishes, or installations that have long lead times after other than the Building Standards or Tenant’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having first been informed that jurisdiction over the materialsBuilding, finishesthe Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s use or Tenant’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 9) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any work; or (e) any delay resulting from Tenant’s having taken possession of the Premises such work required to be performed in order for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultantsSubstantial Completion to occur; or (h) any other delay chargeable and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to Tenantthe Final Drawings. Any actual delays in the construction of the Tenant Improvements due to any Tenant Delays, shall in no way extend or its employees, agents, independent contractors, or consultantsaffect the date on which Tenant is required to commence paying Rent under the terms of the Lease. No It is the intention of the parties that all of such delays will be considered Tenant Delay specified in Sections 6(a), 6(d) and 6(g) Delays for which Tenant shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Sources: Lease Agreement (Synplicity Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on 's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant's Installations; (g) the performance of any additional work pursuant to a Change Request that have long lead times after having first been informed that is requested by Tenant; (h) the materialsperformance of work in or about the Premises by any person, finishes, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s having taken possession of 's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Premises for any reason before substantial completion Approved Final Drawings. Any delays in the construction of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding Improvements due to any of the cost of all events described above, shall in no way extend or a portion affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Delays for which Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Sources: Lease Agreement (Abaxis Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement ------------- Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on 's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant's Installations; (g) the performance of any additional work pursuant to a Change Request that have long lead times after having first been informed that is requested by Tenant; (h) the materialsperformance of work in or about the Premises by any person, finishes, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s having taken possession of 's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Premises for any reason before substantial completion Approved Final Drawings. Any delays in the construction of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding Improvements due to any of the cost of all events described above, shall in no way extend or a portion affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Delays for which Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant’s Representatives (collectively, “Tenant Delays”), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansTenant Improvements; or (b) the failure of Tenant-to timely furnish all or any plans, drawings, specifications, finish details or other information required, such as locations of outlets, switches and fixtures, in the time period required; (c) the failure of Tenant to comply with the requirements of Section 8 below; (d) Tenant’s insistence on requirements for special work or materials, finishes, or installations that have long lead times after having first been informed that other than the materials, finishes, Building Standards or installations will cause a Delay; Tenant’s requirements for special construction or (c) changes phasing not reflected in the Plans or Tenant Improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a Change Request that is requested by Tenant; (g) the performance of work in or (d) performance about the Premises by any person, firm or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or (e) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or and/or (h) any other delay chargeable and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s Representatives. Any delays in the construction of the Tenant Improvements due to Tenantany of the events described above, shall in no way extend or its employees, agents, independent contractors, or consultantsaffect the date on which Tenant is required to commence paying Rent under the terms of the Lease. No It is the intention of the parties that all of such delays will be considered Tenant Delay specified in Sections 6(a), 6(d) and 6(g) Delays for which Tenant shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements The following items shall be referred to individually as a result of the occurrence of any "Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”: Dela
(a) Tenant’s 's failure to furnish information or to respond to comply with any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the Plans; or deadlines specified in this Work Agreement;
(b) Tenant’s insistence on materialschanges or additions to the Tenant Work or to the Tenant Plans (including without limitation, finishes, any changes or installations that have long lead times after having first been informed that additions requested or required for the materials, finishes, Premises by Tenant or installations will cause a Delay; by any governmental authority or required in order to comply with any legal or base Building requirements or otherwise) subsequent to the date of Landlord's approval of the construction documents for the Premises;
(c) changes any delay in obtaining any required permits or approvals with respect to the Tenant Work resulting from any deficiency in the Tenant Plans or Tenant Improvements; any act or omission of Tenant, or any agent, employee or contractor of Tenant);
(d) performance or nonperformance by Tenant or a person or entity employed by Tenant in the completion of Tenant's failure to pay when due any work; or amounts required pursuant to this Work Agreement;
(e) the failure of any equipment, materials or other items that are provided by Tenant and installed by Landlord to be delivered to Landlord In the time necessary for their installation or use or the failure of any such equipment, materials or other items to comply with all required specification;
(f) the performance of any work by any person or firm employed or retained by Tenant;
(g) Tenant's request for materials, finishes or installations which are not available as needed to meet the general contractor's schedule for substantial completion; or
(h) Tenant's or Tenant's agent, including Tenant's contractors, vendors, and Tenant's Representative's interference with the general contractor's schedule;
(i) any default under the Lease (including without limitation any provisions of this Work Agreement) that causes a delay resulting from Tenant’s having taken possession of in the Premises for any reason before substantial completion of the Tenant ImprovementsWork; or or
(f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (hj) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omission-caused delay.
Appears in 1 contract
Sources: Office Space Lease Agreement (Bridgeline Software, Inc.)
Tenant Delays. If Tenant shall be responsible for any costs incurred by Landlord with respect to Tenant Delays which are delays attributable to Tenant and/or any of Tenant’s Representatives or the general contractor is delayed in substantially completing the Tenant Improvements as a result Tenant’s intended use of the occurrence of Premises, including, but not limited to, any Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s use or Tenant’s specialized tenant improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a Change Request that have long lead times after having first been informed that is requested by Tenant; (g) the materialsperformance of work in or about the Premises by any person, finishes, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or (e) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or and/or (h) any other delay chargeable and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionApproved Final Drawings.
Appears in 1 contract
Sources: Industrial Lease (InvenSense Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or Tenant’s Representatives (collectively, “Tenant Delays”), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on requirements for special work or materials, finishes, or installations that have long lead times after other than the Building Standards or Tenant’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having first been informed that jurisdiction over the materialsBuilding, finishesthe Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s use or Tenant’s specialized tenant improvements; (f) the performance of any additional work pursuant to a Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or (e) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to Tenantthe Final Drawings, unless required to address an error made by Landlord or its employeesLandlord’s contractor. Any delays in the construction of the Tenant Improvements due to any of the events described above, agents, independent contractors, shall in no way extend or consultantsaffect the date on which Tenant is required to commence paying Rent under the terms of the Lease. No It is the intention of the parties that all of such delays will be considered Tenant Delay specified in Sections 6(a), 6(d) and 6(g) Delays for which Tenant shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Sources: Lease Agreement (GigOptix, Inc.)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) Tenant’s insistence on the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Sect▇▇▇ ▇▇ ▇▇▇▇▇; (▇) ▇▇▇ant's requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant's requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or Tenant's specialized tenant improvements; (f) the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant's Installations; (g) the performance of any additional work pursuant to a Change Request that have long lead times after having first been informed that is requested by Tenant; (h) the materialsperformance of work in or about the Premises by any person, finishes, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s having taken possession of 's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Premises for any reason before substantial completion Approved Final Drawings. Any delays in the construction of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding Improvements due to any of the cost of all events described above, shall in no way extend or a portion affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Delays for which Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Sources: Lease Agreement (Abaxis Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence scheduled Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter definedotherwise permissibly extended in accordance with the provisions of Section 6 above) if the Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of Tenant's Representatives or Tenant's intended use of the Premises (collectively, "Tenant Delays"), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences that delay the scheduled Commencement Date: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) Tenant’s insistence on the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Sect▇▇▇ ▇▇ ▇▇▇▇▇; (▇) ▇▇▇ant's requirements for special work or materials, finishes, or installations other than the Building Standards (unless such materials are regularly used in construction) or Tenant's requirements for special construction or phasing (and Tenant is so notified by Landlord that have long lead times after such will delay the scheduled Commencement Date); (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having first been informed that jurisdiction over the materialsBuilding, finishes, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant's use or installations will cause a DelayTenant's specialized tenant improvements; or (cf) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity employed by Tenant in the completion of any work associated with Tenant's Installations, including without limitation, Tenant's high-pile storage requirements, Tenant's racking systems, and work; or (e) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omission.
Appears in 1 contract
Sources: Lease Agreement (New Focus Inc)
Tenant Delays. If For purposes of this Work Letter Agreement, “Tenant Delays” shall mean any delay in the completion of the Tenant Improvements resulting from any or all of the following: (a) Tenant’s failure to timely perform any of its obligations pursuant to this Work Letter Agreement, including any failure to complete, on or before the due date therefor, any action item which is Tenant’s responsibility pursuant to the Work Schedule or any schedule delivered by Landlord or to Tenant pursuant to this Work Letter Agreement; (b) Tenant’s changes to the general contractor is delayed Final Plans; (c) any delay of Tenant in substantially completing making payment to Landlord for Tenant’s share of any costs in excess of the cost of the Tenant Improvements as a result described in the Work Cost Statement; (d) any other act or failure to act by Tenant, Tenant’s employees, agents, architects, independent contractors, consultants and/or any other person performing or required to perform services on behalf of the occurrence of any Tenant Delay Tenant; (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”: (ae) Tenant’s failure to furnish information or to respond to any request by Landlord or any design consultant for any approval or information within any time period prescribed, or if no time period is prescribed, then within three two (2) Business Days of a such request, including any information required to prepare the Plans; or (bf) Tenant’s insistence on materials, finishes, finishes or installations that have long lead times other than Landlord’s Building Standard after having first been informed by Landlord in writing at or before the time of delivery to Tenant of final construction pricing for Tenant’s approval that the such materials, finishes, finishes or installations will cause a Delay; or (cg) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance any request by Tenant that Landlord delay the completion of any of Landlord’s Work; (h) any breach or a person or entity employed default by Tenant in the completion performance of any workTenant’s obligations under the Lease; or (ei) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvementsprior to its being substantially completed, as defined above; or (fj) Tenantany reasonably necessary displacement of any of Landlord’s request for additional bidding or rebidding Work from its place in Landlord’s construction schedule resulting from any of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant causes for Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omission.
Appears in 1 contract
Tenant Delays. If Landlord or the general contractor is delayed The number of days of delay in substantially completing the Tenant Improvements as a result Substantial Completion of the occurrence Premises arising, directly or indirectly, out of or on account of any Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following events shall constitute a “Tenant Delay”: "TENANT DELAYS":
(a) Tenant’s 's failure to furnish information Working Plans based upon or to respond to any request by Landlord consistent with the Space Plans on or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare before the Plansapplicable dates set forth in Paragraph 2(a) hereof; or or
(b) Tenant’s insistence on materials, finishes's failure to deliver, or installations that have long lead revise and deliver, the Working Plans or any of the Additional Plans required from Tenant after Landlord has properly disapproved Working Plans or Additional Plans within the applicable times after having first been informed that the materials, finishes, specified in Paragraphs 2(b) or installations will cause a Delay3(b) (as applicable) hereof; or or
(c) changes in Any delay resulting from Tena▇▇'▇ ▇evision of the Tenant Improvement Plans or Tenant ImprovementsAdditional Plans unless expressly provided to the contrary herein or in any other agreement by Landlord; or or
(d) performance or nonperformance The approval by Tenant or a person or entity employed by Tenant in the completion of any workestimate of Tena▇▇ ▇▇▇▇▇ ▇▇▇e by Landlord under Paragraph 2(a) and 3(c) above but only to the extent such Extra Work causes a delay up to the amount of the estimate; or or
(e) any Any delay resulting from Tenant’s having taken possession the performance in a timely fashion consistent with the construction schedule of the Premises for any reason before substantial completion of the Tenant Improvements; work by Tena▇▇ ▇▇ any person, firm, or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused corporation employed by Tenant, or its employeesdesignated by Tenant pursuant to any right granted to Tenant hereunder; or
(f) Any delay caused by Tena▇▇'▇ ▇ailure to provide in a timely fashion clarification of any errors, agentsinconsistency or omission in the Working Drawings or Additional Plans or informa- 128 tion regarding any errors, independent contractorsinconsistency or omission in the Working Plans or Additional Plans, or consultantsrequested by Landlord in writing and reasonably required for completion of construction; or or
(g) Any delay caused by Tena▇▇'▇ ▇ailure to provide in a timely fashion, but in no event less than five (5) business days after written notice from Landlord, substitutions for materials which Landlord and Tenant agree are not available; or
(h) any other Any delay chargeable caused by Tena▇▇'▇ ▇ailure to Tenantprovide on or before the dates identified in the construction schedule, or its employeesafter the date of delivery of the Working Plans, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall those items to be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission supplied by Tenant which must be interfaced with Landlord's Work; or
(i) Any delay caused by Tena▇▇'▇ ▇ailure to provide in a timely fashion but in no event less than five (5) business days after written notice from Landlord, any information directly related to Landlord's Work required by this Lease or to do any other act required by this Lease directly related to Landlord's Work. Landlord contends constitutes a shall promptly provide Tenant with written notice of any matters that it claims could give rise to Tenant Delays and absent such notice within thirty (30) days after Landlord knows or with the exercise of reasonable care should have known of any right to claim Tena▇▇ ▇▇▇▇▇ ▇▇▇ any such matter, such claim shall be waived. In each and every case of Tenant Delay or claimed Tenant Delay, Landlord shall be obligated to take reasonable measures to mitigate the extent of delay caused by Tenant Delay or any costs associated with Tenant Delay. If such action or inaction is the parties cannot cured within one (1) Business Day after receipt agree as to the extent of such notice, then a delay caused by Extra Work either party may submit the issue of Tenant Delay, as set forth in such notice, shall be deemed Delay to have occurred commencing as arbitration under Paragraph 33 of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionLease.
Appears in 1 contract
Sources: Sublease (Universal Access Inc)
Tenant Delays. If Landlord or the general contractor is delayed in substantially completing the Tenant Improvements as a result There shall be no extension of the occurrence Commencement Date or Expiration Date of any Tenant Delay the term of the Lease (as hereafter defined), then, for purposes otherwise permissibly extended in accordance with the provisions of determining Section 6 above) if the Commencement Date, Work has not been Substantially Completed by the date of substantial completion shall be deemed to be the day that the Tenant Improvements would otherwise have been substantially completed absent Substantially Completed but for any delay attributable to Tenant Delay(sand/or any of Tenant’s Representatives (collectively, “Tenant Delays”). For purposes of this provision each , including, but not limited to, any of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansWork and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of S▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on requirements for special work or materials, finishes, or installations other than the Building Standards or Tenant’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s use or Tenant’s specialized tenant improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (g) the performance of any additional work pursuant to a Change Request that have long lead times after having first been informed that is requested by Tenant; (h) the materialsperformance of work in or about the Premises by any person, finishes, firm or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from acts or omissions of Tenant and/or Tenant’s having taken possession of Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Premises for any reason before substantial completion Approved Final Drawings. Any delays in the construction of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding Improvements due to any of the cost of all events described above, shall in no way extend or a portion affect the date on which Tenant is required to commence paying Rent under the terms of the Lease. It is the intention of the parties that all of such delays will be considered Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Delays for which Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed wholly and completely responsible for any and all consequences related to have occurred unless such delays, including, without limitation, any costs and until Landlord has given written notice thereof expenses attributable to Tenant specifying the action increases in labor or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionmaterials.
Appears in 1 contract
Tenant Delays. If Landlord there shall be any actual delays in the Substantial Completion of any Sub-Phase of the Premises as a direct, indirect, partial, or total result of:
10.1.1. Any request or other matter identified as a “Tenant Delay” in this Work Letter;
10.1.2. Tenant’s failure to comply with specified deadlines in the Time Deadlines established pursuant to this Work Letter or ▇▇▇▇▇▇’s failure to otherwise timely approve any matter requiring Tenant’s approval;
10.1.3. A breach by Tenant of the terms of this Work Letter or the general contractor is delayed Lease;
10.1.4. Any delays due to suspension of work in substantially completing the Tenant Improvements order to review pricing, schedule and other impacts of Tenant- requested changes, whether or not such changes are approved or implanted as a result final change order;
10.1.5. 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 any Sub-Phase of the occurrence Premises; or
10.1.6. Any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Work Letter and regardless of the actual date of the Substantial Completion of any Tenant Delay (as hereafter defined), then, for purposes Sub-Phase of determining the Commencement DatePremises, the date of substantial completion the Substantial Completion of such Sub-Phase of the Premises shall be deemed to be the day that date the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes Substantial Completion of this provision each of the following shall constitute a “Tenant Delay”: (a) Tenant’s failure to furnish information or to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the Plans; or (b) Tenant’s insistence on materials, finishes, or installations that have long lead times after having first been informed that the materials, finishes, or installations will cause a Delay; or (c) changes in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a person or entity employed by Tenant in the completion of any work; or (e) any delay resulting from Tenant’s having taken possession such Sub-Phase of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to would have occurred unless and until Landlord has given written notice thereof to if no Tenant specifying the action delay or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delaydelays, as set forth above or in such noticeany other Work Letter, shall be deemed to have occurred commencing had occurred. This Agreement of Purchase and Sale and Joint Escrow Instructions (this "Agreement"), dated as of the date Tenant received such notice set forth in Section 1.1 below (the "Effective Date"), is made by and continuing for of between [LANDLORD ENTITY], a Delaware limited liability company ("Seller"), and [TENANT ENTITY] ("Buyer"). The terms as set forth below shall have the number of days the substantial completion of the Improvements was meanings as set forth below when used in fact delayed as a direct result of such action or omissionthis Agreement.
Appears in 1 contract
Tenant Delays. If Landlord There shall be no extension of the intended (and therefore actual) Commencement Date or Expiration Date of the general contractor is delayed Term of the Lease (as otherwise permissibly extended in substantially completing accordance with the provisions of Section 5 above) if the Tenant Improvements as a result have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the occurrence Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of any the Premises (collectively, “Tenant Delay (as hereafter definedDelays”), thenincluding, for purposes of determining the Commencement Datebut not limited to, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribed, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansTenant Improvements and/or the Approved Working Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section 3 above; (c) Tenant’s insistence on requirements for special work or materials, finishes, or installations that have long lead times after having first been informed that the materials, finishes, or installations will cause a Delay; or (c) changes other than as described in the Plans Final Space Plan or Tenant ImprovementsTenant’s requirements for special construction or phasing; or (d) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that is requested by Tenant; (g) the performance of work in or nonperformance about the Premises by Tenant any person, firm or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or (e) any delay resulting from Tenant’s having taken possession of the Premises for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or and/or (h) any other delay chargeable and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to Tenantthe Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or its employees, agents, independent contractors, or consultantsaffect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. No It is the intention of the parties that Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless wholly and until Landlord has given written notice thereof completely responsible for any and all consequences related to Tenant specifying the action Delays, including, without limitation, any costs and expenses attributable to increases in labor or omission by materials and Tenant which Landlord contends constitutes a shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omissionDelays.
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Tenant Delays. If Landlord “Tenant Delays” means any delay attributable to Tenant and/or any of Tenant’s Representatives or the general contractor is delayed in substantially completing the Tenant Improvements as a result Tenant’s intended use of the occurrence of Premises including, but not limited to, any Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”described events or occurrences: (a) Tenant’s failure delays related to furnish information changes made or requested by Tenant to respond to any request by Landlord or any design consultant for any approval within any time period prescribedthe Work, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the PlansFinal Drawings and/or the Approved Final Drawings; or (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇; (▇) Tenant’s insistence on requirements for special work or materials, finishes, or installations that have long lead times after other than the Building Standards or Tenant’s requirements for special construction or phasing; (e) any changes required by the fire department, building or planning department, building inspectors or any other agency having first been informed that jurisdiction over the materialsBuilding, finishes, the Work and/or the EP Tenant Improvements if such changes are directly attributable to Tenant’s use or installations will cause a Delay; or (c) changes in the Plans or Tenant’s particular EP Tenant Improvements; (f) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s storage requirements, Tenant’s data equipment and telecommunication systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (g) the performance of any additional work pursuant to a Change Request that is initiated by Tenant; (h) the performance of work in or (d) performance about the Premises by any person, firm or nonperformance by Tenant or a person or entity corporation employed by Tenant or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of any such work; or and/or (ei) any delay resulting and all delays caused by or arising from the acts or omissions of Tenant and/or Tenant’s having taken possession Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings and Approved Final Drawings. Notwithstanding anything to the contrary contained in the Amendment, any delays in the construction of the Premises EP Tenant Improvements due to any of the events described above, shall in no way affect the requirement that Tenant continue to pay Rent under the terms of the Amendment. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any reason before substantial completion of the Tenant Improvements; or (f) Tenant’s request for additional bidding or rebidding of the cost of and all or a portion of the Tenant Improvements; or (g) consequences related to such delays, including, without limitation, any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result of such action or omission.costs and
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Tenant Delays. If Landlord or For the general contractor is delayed purposes of this Lease, “Tenant Delays” shall mean any delay in substantially completing the Tenant Improvements Substantial Completion which occurs as a result of the occurrence of any Tenant Delay (as hereafter defined), then, for purposes of determining the Commencement Date, the date of substantial completion shall be deemed to be the day that the Tenant Improvements would have been substantially completed absent any Tenant Delay(s). For purposes of this provision each of the following shall constitute a “Tenant Delay”: (a) Tenant’s failure to furnish information or to respond to any request delay by Landlord Tenant or any person employed by Tenant in delivery to Landlord of any plans, design consultant work, detailed drawings or a request for any approval within any time period prescribedapproval, or if no time period is prescribed, within three Business Days of a request, including any information required to prepare the Plans; or (b) Tenant’s insistence on materials, finishesrequest for special work not part of the work described in the Plans (as hereinafter defined) listed in Exhibit C-1 or the Landlord / Tenant Matrix listed in Exhibit C-2, or installations that have long lead times for changes initiated by Tenant to the Plans or the Landlord / Tenant Matrix after having first been informed that the materialsapproval by Tenant (notwithstanding Landlord’s approval of such changes), finishes, or installations will cause a Delay; or (c) changes delays in the Plans or Tenant Improvements; or (d) performance or nonperformance by Tenant or a any person employed or entity employed engaged by Tenant ▇▇▇▇▇▇, which cause delays in the completion of any work; work to be done by Landlord or which otherwise delay the Substantial Completion of the Premises, (d) any fault, negligence, omission or failure to act on the part of Tenant or its agents, contractors, workmen, mechanics, suppliers or invitees, (e) any delay resulting from Tenantin the performance of ▇▇▇▇▇▇▇▇’s having taken possession of Work caused by ▇▇▇▇▇▇’s interference therewith in performing the Premises for any reason before substantial completion of the Tenant Improvements; Landlord’s Work, or (f) Tenantany delay in the performance of Landlord’s Work resulting from ▇▇▇▇▇▇’s request for additional bidding or rebidding that Landlord delay the performance of the cost such work. A “Tenant Delay” shall not occur unless Landlord notifies Tenant within a reasonable time of all or a portion of the Tenant Improvements; or (g) any error in the Plans or other documents caused by Tenant, or its employees, agents, independent contractors, or consultants; or (h) any other delay chargeable to Tenant, or its employees, agents, independent contractors, or consultants. No Tenant Delay specified in Sections 6(a), 6(d) and 6(g) shall be deemed to have occurred unless and until Landlord has given written notice thereof to Tenant specifying the action or omission by Tenant which Landlord contends circumstance that constitutes a Tenant Delay. If such action or inaction is not cured within one Tenant shall have three (13) Business Day after Days from receipt of such noticenotice to cure, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of cease or mitigate the date Tenant received such notice and continuing for the number of days the substantial completion of the Improvements was in fact delayed as a direct result effects of such action or omissionTenant Delays.
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