Common use of Termination for Delay Clause in Contracts

Termination for Delay. If Landlord manages the Tenant Improvements Work pursuant to Section 3.3 and Landlord does not achieve Substantial Completion of the Base Building Work and the Tenant Improvements Work by the date that is eight months after the Target Completion Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Substantial Completion of the Base Building Work and the Tenant Improvements Work. If a Third Party Contractor manages the Tenant Improvements Work pursuant to Section 3.4 and Landlord does not achieve Partial Completion of the Base Building Work by the date that is eight months after the Target Delivery Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Partial Completion of the Base Building Work. If this Lease terminates pursuant to this Section 3.8(d), Landlord shall pay or reimburse Tenant for, and shall indemnify and hold Tenant harmless from and against, all out-of-pocket costs incurred by Tenant in connection with this Lease and the subject transaction, including, but not limited to, attorneys’ fees, design costs, project management costs, consulting fees and construction costs.

Termination for Delay. If Notwithstanding the foregoing, if Landlord manages the Tenant Improvements Work pursuant is unable to Section 3.3 and Landlord does not achieve Substantial Completion deliver possession of the Base Building Work and the Second Expansion Space to Tenant Improvements Work by the date that is eight months one hundred eighty (180) days after the Target Completion date of the mutual execution and delivery of this Third Amendment (the “Delivery Termination Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c”), then Tenant shall have the rightmay terminate this Third Amendment (other than this Section 2.5 and Sections 8 and 10 through 13 below), upon 30 days’ prior by delivering to Landlord written notice thereof (a “Termination Notice”) at any time before the earlier of (i) ten (10) days following the Delivery Termination Date or (ii) the date on which Landlord delivers possession of the Second Expansion Space to Tenant; however, the Delivery Termination Date shall be extended on a day-for-day basis for each day of delay attributable to an event of Force Majeure. The termination right afforded to Tenant under this Section 2.5 shall be Tenant’s sole remedy for Landlord’s failure to timely deliver possession of the Second Expansion Space to Tenant by the Delivery Termination Date (as may be so extended). Time is of the essence for the delivery the Termination Notice under this Section 2.5; accordingly, if Tenant fails to timely deliver the Termination Notice, Tenant’s right to so terminate this Lease unless, within such 30 day period, Landlord achieves Substantial Completion of the Base Building Work and the Tenant Improvements WorkThird Amendment under this Section 2.5 shall expire. If Tenant timely delivers a Third Party Contractor manages the Tenant Improvements Work pursuant Termination Notice to Section 3.4 and Landlord does not achieve Partial Completion of the Base Building Work by the date that is eight months after the Target Delivery Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c), Tenant shall have the right, upon 30 days’ prior written notice to Landlord, to terminate this Lease unless, within such 30 day period, Landlord achieves Partial Completion of the Base Building Work. If this Lease terminates pursuant to this Section 3.8(d)2.5, Landlord shall pay or reimburse Tenant for, and shall indemnify and hold Tenant harmless then effective from and againstafter the date of such delivery, all out-of-pocket costs incurred by this Third Amendment (other than this Section 2.5 and Sections 8 and 10 through 13 below) shall be deemed terminated and of no further force or effect and Landlord and Tenant in connection shall have no further liability to each other with this Lease and the subject transaction, including, but not limited to, attorneys’ fees, design costs, project management costs, consulting fees and construction costsrespect thereto.

Termination for Delay. If Notwithstanding anything to the contrary contained herein and subject to force majeure delay, in the event Landlord manages is unable to substantially complete the construction of the Premises by September 15, 1998, Tenant Improvements may elect by written notice to Landlord to cause Tenant's obligation to pay Fixed Minimum Monthly Rent as set forth herein to be abated until the earlier of (a) the date Tenant accepts possession of the Premises or (b) February 1, 1999 (the "Abatement Period"). During the Abatement Period, Tenant shall pay Landlord monthly all Additional Rent required by this Lease plus a sum equal to one twelfth (1/12) of the product obtained when nine percent is multiplied by all construction costs then incurred by Landlord in performing Landlord's Work as defined herein. Fixed Minimum Rent as calculated pursuant to Section 3.3 Exhibit F and hereunder shall, in any event, commence no later than February 1, 1999. In the event Landlord does not achieve Substantial Completion is unable to complete construction of the Base Building Work Premises by June 1, 1999, as its sole and the Tenant Improvements Work by the date that is eight months after the Target Completion Date, subject to extension for Excusable Delay, then, provided that Tenant has not exercised its self-help right pursuant to Section 3.8(c)exclusive remedy, Tenant shall have the right, upon 30 days’ prior by written notice to Landlord, Landlord to terminate this Lease unlessLease. Notwithstanding anything to the contrary contained herein, within such 30 day period, Landlord achieves Substantial Completion of in the Base Building Work and the Tenant Improvements Work. If a Third Party Contractor manages the Tenant Improvements Work pursuant to Section 3.4 and Landlord does not achieve Partial Completion of the Base Building Work by the date that is eight months after the Target Delivery Date, subject to extension for Excusable Delay, then, provided that event either (i) Tenant has not exercised its self-help right commenced "Tenant's Work" in the Premises pursuant to Section 3.8(c), Exhibit C within fifteen (15) days after substantial completion by Landlord of Landlord's Work; or (ii) Tenant shall have the right, upon 30 days’ prior written notice fails to Landlord, prosecute diligently Tenant's Work to terminate this substantial completion in Upon any Lease unless, within such 30 day period, Landlord achieves Partial Completion of the Base Building Work. If this Lease terminates termination pursuant to this Section 3.8(d)3.3, Landlord neither party shall pay have any further right, obligation or reimburse Tenant for, and shall indemnify and hold Tenant harmless from and against, all out-of-pocket costs incurred by Tenant in connection with liability to the other party under this Lease and the subject transaction, including, but not limited to, attorneys’ fees, design costs, project management costs, consulting fees and construction costsLease.