Lessee Delay or “Delays caused by Lessee” shall also mean delays due to the scope and extent of the Lessee Improvements to be constructed by Lessor. For purposes of determining Lessee Delay under this Section 6.04(c), the Lessor must provide notice to Lessee of the existence of excessive Lessee Improvements, special design or construction considerations or other matters which will extend the time necessary for the construction of the Lessee Improvements beyond two (2) days; such notice to be provided by Lessor to Lessee together with Lessor’s delivery of approval and/or objections to Lessee’s plans and specifications for the Lessee Improvements from time-to-time. Such notice shall specify the reasons for the delay and the estimated length of delay and, unless the Lessee’s plans and specifications are modified to eliminate such items, the estimated length of the delay shall be included as a Lessee Delay. For purposes of determining delay, the terms Lessor and Lessee shall include their respective contractors, agents and employees. In addition, the party claiming the benefits of such delay shall be required (as a condition to the effectiveness thereof) to provide written notice of the occurrence of such delay within ten (10) days following such occurrence.
Lessee Delay means any situation where the Lessor, in performing any part of the Landlord’s Work and/or Tenant Upgrades, reasonably requests in writing with sufficient background and detail (email is acceptable) that Lessee provide to Lessor input, response or details necessary for Lessor to timely continue its the Landlord’s Work and/or Tenant Upgrades and Lessee fails to respond to such request within four (4) business days. A Lessee Delay shall also be defined to include a “change order” requested by Lessee that deviates from the permitted construction drawings, provided Lessor can show by way of documentation that such change order will delay Lessor’s performance of the Landlord’s Work and/or Tenant Upgrades by more than three (3) days. Upon the occurrence of a Lessee Delay hereunder, Lessor shall promptly cause written notice of such Lessee Delay to be delivered to the Lessee in accordance with the notice provisions contained herein (the “Notice of Delay”). Lessee shall have five (5) days from the date of its receipt of a Notice of Delay to cure all such Lessee Delays described therein (the “Delay Cure Period”). In the event Lessee is able to cure said Lessee Delays within such Cure Period, this Lease shall remain in full force and effect as if no Lessee Delay had occurred. In the event Lessee is unable to cure said Lessee Delays within such Cure Period, then Lessor shall be entitled to exercise its rights under this Section 4(1). Lessor’s determination as to the existence and duration of a Lessee Delay shall be conclusive, subject only to reasonably accepted construction standards. In the event Lessee fails to cure any Lessee Delay within the applicable Cure Period, Lessor shall have the right, in addition to any other rights and remedies afforded hereunder, to (i) accelerate the Rent Commencement Date in the Lessor’s sole and absolute discretion, and/or (ii) seek reimbursement from Lessee for all costs and expenses incurred by Lessor resulting from said Lessee Delay, including, but not limited to, any costs and expenses attributable to finance expenses, increased cost of labor, materials, and project overhead and operating expenses, but not to exceed One Thousand Dollars and 00/100 ($1,000.00) per day.
Lessee Delay means an actual delay in Substantial Completion of the Lessee Interior Improvements for Phase I resulting from (i) the Lessee’s failure (through no fault of Lessor) to meet Lessee’s deadlines for approval of the plans for the Lessee Interior Improvements for Phase I as set forth on Exhibit F, (ii) any change in the work requested by Lessee (up to the maximum delay specified in the change order), and (iii) any delay Lessee agrees in writing to bear because of the inability to obtain any fitting, finish or material pursuant to Subsection 2.1,6. above.
Examples of Lessee Delay in a sentence
For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent.
The Commencement Date shall not be delayed due to Lessee Delay (hereinafter defined).
For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on July 8, 2001 rather than July 1, 2001, the Commencement Date shall be July 1, 2001 for all purposes, including payment of Base Rent.
If delivery of the Leased Premises is delayed for any reason other than Lessee Delay (as hereinafter defined), Lessor and Lessee agree that the Commencement Date will be delayed until Substantial Completion (as hereinafter defined) of the Leased Premises, in which event the Term will be automatically extended for a period of time equal to the delay in Substantial Completion of the Leased Premises.
Lessee shall have no liability for costs to construct the Tenant Improvements which are in excess of such guaranteed maximum price except for Change Orders and any costs resulting from Lessee Delay.
More Definitions of Lessee Delay
Lessee Delay or "Delays caused by Lessee" shall mean delay in completion of construction of the Shell Building Improvements or the Lessee Improvements caused by:
Lessee Delay means any actual delay in the completion of the Improvements which delays Substantial Completion and which is due to any act or omission of Lessee, its agents, or contractors. Lessee Delays shall include:
Lessee Delay or “Delays caused by Lessee” shall also mean (i) delays due to the scope and extent of the Lessee improvements to be constructed by Lessor and (ii) delays caused by mistakes or errors by Xxxxxxx Design in any of the plans or specifications prepared by Xxxxxxx Design, or delays otherwise caused by Xxxxxxx Design, including without limitation delays caused by Xxxxxxx Design failing to timely respond to issues, questions or concerns raised by the County of Xxxxxxx, Colorado (the “County”) prior to the County issuing the building permit. In order for Lessor to claim such a Delay, Lessor must provide written notice to Lessee of the existence of excessive Lessee Improvements, special design or construction considerations or other matters which will extend the time necessary for the construction of the Lessee Improvements beyond two (2) days. Such notice may only be provided by Lessor to Lessee together with Lessor’s delivery of approval and/or objections to Lessee’s plans and specifications for the Lessee Improvements from time-to-time and in any event not later than approval by Lessor and Lessee of the Contractor to construct the Lessee Improvements. Such notice shall specify the reasons for the delay and the estimated length of delay and, unless the Lessee’s plans and specifications are modified to eliminate such items, the estimated length of the delay shall be included as a Lessee Delay. For purposes of determining delay, the terms Lessor and Lessee shall include their respective contractors, agents and employees. In addition, the party claiming the benefits of such delay shall be required (as a condition to the effectiveness thereof) to provide written notice of the occurrence of such delay within five (5) days following such occurrence.
Lessee Delay. (which means an actual delay in Substantial Completion of the Lessee Interior Improvements resulting from (a) the Lessee's failure (through no fault of Lessor) to meet Lessee's deadlines for approval of the plans for the Lessee Interior Improvements as set forth above, (b) any change in the work requested by Lessee (up to the maximum delay specified in the change order), and (c) any delay Lessee agrees in writing to bear because of the inability to obtain any fitting, finish or material pursuant to Subsection 2.1.5, above) up to the maximum such Lessee Delay specified in the Change Order for such work.
Lessee Delay means any of the following:
Lessee Delay means (a) Lessee’s failure to timely perform any of its obligations pursuant to this Improvement Agreement or the Lease; (b) Lessee’s changes to the Plan after Lessor’s and Lessee’s final approval thereof; or (c) any other act or failure to act by Lessee to the extent (and only to the extent) that any such delay actually causes a delay in Lessor substantially completing the Tenant Improvements. If the Term of the Lease has not already commenced pursuant to the provisions of the Lease and Substantial Completion of the Tenant Improvements has been delayed on account of EXHIBIT B
Lessee Delay a delay in Lessor’s completion of the Addendum No. 6 Expansion Space Improvements caused by: