AHJ Delay definition
AHJ Delay or “Authority Having Jurisdiction Delay” means any delay in the Construction Start Date or in any Commencement Date, to the extent caused by a governmental authority’s failure to process or issue a required approval, or to the extent caused by transmission system owner’s delay in approving, constructing or commissioning the Substation and its associated interconnection facilities, in each case without breach, fault or neglect of Landlord, any architect, engineer, contractor, consultant, supplier, vendor or other party engaged by or on behalf of Landlord or any of such parties or anyone for whom they are responsible (including, without limitation, (i) failure to prepare Design Documents in full compliance with Applicable Laws and all Approvals and all requirements of each transmission system owner and any interconnection and similar agreements, (ii) failure to submit to any governmental authority asserting jurisdiction and/or transmission system owner all applications and supporting materials required in order to obtain any permit or approval on a timely basis, and any necessary information to correct or complete any incorrect or incomplete submission, sufficiently in advance of the time needed in order to allow time for processing and follow-up questions and requests, (iii) failure to perform all construction and related activities in full compliance with all Approvals, Applicable Laws and all requirements of each transmission system owner and any interconnection and similar agreements, (iv) failure to timely submit to any governmental authority asserting jurisdiction and/or transmission system owner any all applications and supporting materials required in order to obtain such certificates of occupancy or any inspection, sign-offs, acceptance or approval, and (v) failure to supply, on a timely basis, necessary information to correct or complete any incorrect or incomplete submissions); provided, however, that the aggregate limitation of AHJ Delay or Authority Having Jurisdiction Delay shall not exceed one hundred and eighty (180) calendar days; provided further that the aggregate limitation of AHJ Delay shall be extended an addition ninety (90) calendar days, for delays caused by the transmission system owner in connection with the interconnection facilities (“Interconnection Delays”); provided further that the foregoing limitation on AHJ Delay, including Interconnection Delays, shall not apply to the extent such AHJ Delay is caused by Tenant’s wrongful o...