Landlord’s Delay definition

Landlord’s Delay means (i) any actual and material delay (A) in the "substantial completion" (as such term is hereinafter defined) in a timely fashion, of any item of Remaining Base Building Work, and/or (B) in the performance or completion of Tenant's Initial Work (provided Tenant has given Landlord notice of the existence of such delay within a reasonable time after Tenant became aware or should have become aware of such delay) actually resulting from Landlord's failure to have substantially completed in a timely fashion, any item of Remaining Base Building Work such that Tenant is materially delayed in the performance of Tenant's Initial Work, or (ii) any act or omission of any nature of Landlord, its agents or employees which shall actually and materially delay the performance or completion of Tenant's Initial Work; provided, however, that no such delay shall be deemed to be -------- ------- a Landlord's Delay to the extent that Tenant, or any "Third Party Tenant" (as such term is hereinafter defined), shall have caused or materially contributed thereto, and further provided that no such delay shall be deemed to be a Landlord's Delay unless Tenant has given Landlord notice of the existence of such delay within a reasonable time after Tenant became aware or should have become aware of such delay. Further, if a delay in substantially completing Tenant's Initial Work or if any substantial portion of such delay is the result of Force Majeure and such delay would not have occurred but for a Landlord's Delay, such delay shall be added as part of the Landlord's Delay described above. In determining that the delay in the performance or completion of Tenant's Initial Work actually resulted from a Landlord's Delay, Tenant must be able to demonstrate by reasonable evidence that Tenant would have been able to perform a certain item of Tenant's Initial Work or was then actually performing a certain item of Tenant's Initial Work and Tenant's Initial Work was materially delayed as a result of such Landlord's Delay. Nothing contained herein shall require Tenant to take any action which would be solely for the purpose of demonstrating its preparedness to perform for purposes of this subsection 1.01(t).

Landlord’s Delay means any delay, other than a Tenant’s Delay or Unavoidable Delay, in achieving the Substantial Completion Date on or before the Target Completion Date. A Landlord’s Delay shall begin on (but exclude) the Target Completion Date and end on (and include) the Substantial Completion Date.

Landlord’s Delay means any delay in the design, construction, and permitting of any of Tenant's Work resulting from (i) Landlord's failure to

Examples of Landlord’s Delay in a sentence

• Any dispute involving a Landlord’s Delay shall be resolved by JAMs as provided in Article III of the attached Work Letter.

• On or before the Effective Date, Tenant and Landlord shall agree on the aggregate amount of remaining payments in the nature of landlord’s contributions due Tenant under the Lease (including, without limitation, unpaid Landlord’s Contribution and unpaid Maximum Landlord’s Delay Cost) which shall be funded into a mutually acceptable escrow account for payment to Tenant as and when due under the Lease.

• New Construction, Additions, Renovations Or Improvements To The Premises #7Subsection 10.1 Provision Of Work #8Subsection 10.2 Schedule For Completion #8Subsection 10.3 Landlord’s Delay In Completion, Tenant’s Options #8Section 11.

• Landlord shall use commercially reasonable efforts to have Landlord’s Permitting Work completed to allow for the issuance of a Building Permit, but Landlord shall not be responsible for any damages resulting from any delay to the Tenant’s opening for business as a result of a Landlord’s Delay.

• The Term of this Lease shall begin on the Commencement Date specified in the Basic Lease Information (unless extended as a result of a Landlord’s Delay as described in the Work Letter attached hereto as Exhibit C) and shall terminate on the Expiration Date specified in the Basic Lease Information, unless extended or sooner terminated in accordance with the provisions of this Lease.

More Definitions of Landlord’s Delay

Landlord’s Delay. As defined in Paragraph 16.

Landlord’s Delay shall have the meaning set forth in Section 37.2B of this Lease.

Landlord’s Delay has the meaning set forth in the Work Agreement.

Landlord’s Delay is defined in Section 1.12(a) below.

Landlord’s Delay means any actual delay in Landlord’s Work or Tenant’s Work under this Work Agreement to the extent caused by any act or omission of any nature of Landlord or its agents, employees, contractors, subcontractors or Invitees, including, without limitation, any delay caused by a Landlord Missed Target Delivery Date, any delay caused by violations of law on the Building (provided that they are not caused by Tenant), Landlord’s failure to timely pay contractors (provided that such failure is not caused by Tenant’s failure to pay Landlord, where Tenant has a duty to pay Landlord with respect to such payment), failure to timely review, comment and approve plans and specifications, failure to procure needed permits, failure to provide appropriate access to the Building and Premises, or failure to provide appropriate work conditions for contractors (including utilities).

Landlord’s Delay means any failure by Landlord to deliver possession of the Premises by the required date other than due to (i) Tenant's Delay, or (ii) a Force Majeure Event, or any combination of (i) and (ii) above.

Landlord’s Delay means any actual delay which Tenant encounters in (i) the performance or substantial completion of Tenant's Initial Alterations, or (ii) the occupancy of the Premises for the conduct of business in accordance with the Lease, in either case if and to the extent caused by any act or (where Landlord has an affirmative obligation to act pursuant to this Lease) omission, or failure to act or respond (where Landlord has an affirmative obligation to act or respond pursuant to this Lease) of Landlord, its agents or contractors, occurring on or after the date hereof; provided, however, that no delay shall constitute a Landlord's Delay to the extent such delay (i) could have been avoided or mitigated by Tenant's use of commercially reasonable prudence and diligence, or (ii) occurs by reason of any act or (where Tenant has an affirmative obligation to act pursuant to this Lease) omission of any nature of Tenant, its agents or contractors; provided further, however, that no such delay shall constitute a Landlord's Delay unless such delay occurs, or if it has already occurred, to the extent it continues, after Tenant gives Landlord notice of the occurrence thereof (such notice also to set forth, to the extent practicable, Tenant's estimate of the period of such delay).