Lessee Delays means a delay in Substantial Completion resulting from (a) Lessee's failure to meet Lessee's deadlines for approval as shown on Exhibit F, (b) delays due to change orders, (c) delays due to Lessee's failure to meet the deadlines for approving any plans or change orders, and (d) delays because of the inability to obtain any product, materials, design, color, fitting, or finish pursuant to this Section 2.2.6. Notwithstanding the above, Lessor shall not be entitled to a delay exceeding 180 days as a result of (ii), (iii) or (iv) above.
Lessee Delays means any delay in the completion of the Improvements resulting from any act or failure to act by Lessee or Lessee's employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Lessee. For each day that the Substantial Completion of the Improvements is delayed due to a Lessee Delay, Lessee shall pay to Lessor Six Hundred Eighty Eight Dollars ($688).
Lessee Delays means any actual delay in the Completion of the Premises resulting from any of the following: (1) Lessee’s failure to complete, on or before the due date therefor, any action item which is Lessee’s responsibility pursuant to Sections 4 or 6 of this Lease (including, without limitation, Lessee’s failure to conduct the inspection of the Premises and/or to execute and deliver the Acknowledgment of Completion in the form attached hereto as Exhibit D as and when required under Section 6 below); (2) any delay in any way whatsoever arising from Lessee’s entry of the Premises including, but not limited to, early entry to install its racking, fixtures and equipment, as a result of the selection of Lessee’s contractors to perform work or the acceptance of inventory; (3) Lessee’s failure to install racking or other fixtures or equipment within sufficient time to allow Lessor to cause Completion of Lessor’s Work prior to the Anticipated Delivery Date; or (4) any other act or omission of Lessee or any of Lessee’s agents, employees, representatives, contractors, suppliers, invitees, assignees or any of their respective successors or assigns (“Lessee’s Group”). A Lessee Delay shall not include any delay resulting from Lessee’s objections to the Plans and Specifications within the time period set forth in Section 4 of this Lease and shall also not include any delay resulting from the need to make corrections to Lessor’s Work as determined by Lessee pursuant to its inspections. Lessor shall provide Lessee with written notice of the occurrence of a Lessee Delay on or before two (2) days following the occurrence of such Lessee Delay, and provided Lessor delivers such written notice to Lessee within such two (2) day period, the delay caused by such Lessee Delay shall be deemed to have commenced as of the occurrence of such Lessee Delay. In the event Lessor fails to provide Lessee with such written notice within such two (2) day period, the delay caused by the Lessee Delay shall be deemed to have commenced on the date on which Lessor delivers written notice to Lessee of the occurrence of such Lessee Delay. If possession of any Portion of a Building is not delivered on or before the applicable Possession Date referenced above, or if Lessor’s Work has not reached Completion by the Anticipated Delivery Date (all such dates shall be extended by the number of days of all Permitted Delay and Lessee Delay), this Lease shall remain in full force and effect, and Lessee shall be paid on...
Examples of Lessee Delays in a sentence
The routine for the first phase is rec AddtoTree [ref Knot : x, value Data : n] is§ Test Null[x]If so do x := Knot[NIL,NIL,n]If not do AddtoTree[((Key[n] < Key[Item[x]]) Pre[x],Suc[x]),n]return §| The effect of this is to build up a tree where all the items accessible from the Pre (prede- cessor) branch of a Knot precede (i.e., have smaller keys) than the item at the Knot itself, and this in turn precedes all those which are accessible from the Suc (successor) branch.
Possession shall be deemed tendered and the term shall commence upon the first to occur of the following (the "Commencement Date"): (i) the Premises are Substantially Complete or (ii) Lessee occupies the Premises or (iii) if Lessor is prevented from or delayed in completing its work under this Lease due to Lessee Delays, such work will be deemed Substantially Complete as of the date on which it would have been Substantially Complete had it not been for such Lessee Delays.
All birds were monitored for the humeral immune response then challenged with virulent NDV at 40 days of age.
If Lessor's delay in achieving substantial completion is caused by Lessee Delays, Lessee shall not have the right to terminate this Lease, notwithstanding any term hereof to the contrary.
Such improvements shall be diligently pursued to completion, subject to force majeure and Lessee Delays (as defined below), shall be completed in a good and workmanlike manner, and shall be lien free on completion.
More Definitions of Lessee Delays
Lessee Delays means a delay in Substantial Completion resulting from (a) Lessee's failure to meet Lessee's deadlines for approval as shown on Exhibit E, (b) delays due to change orders, (c) delays due to Lessee's failure to meet the deadlines for approving any plans or change orders, and (d) delays because of the inability to obtain any product, materials, design, color, fitting, or finish pursuant to this Section 2. Lessee shall have a maximum of 5 business days to approve or disapprove any preliminary plans and 3 business days to approve or disapprove change orders and a maximum of 10 business days to approve or disapprove any final plans. If Lessee does not disapprove any plans or change orders within the time period set forth herein in writing, Lessor may proceed on the basis that the plans or change orders are approved by Lessee. If plans or change orders are disapproved, Lessee shall state the reason for disapproval and Lessor and Lessee shall act in good faith to resolve any issues. Lessor shall charge Lessee $250 per change order after the tenth (10th) change order for processing.
Lessee Delays means a delay in Substantial Completion resulting from (a) Lessee's failure to meet Lessee's deadlines for approval as shown on Exhibit E, (b) delays due to change orders, (c) delays due to Lessee's failure to meet the deadlines for approving any plans or change orders, and (d) delays because of the inability to obtain any product, materials, design, color, fitting, or finish pursuant to this Section 2. Lessee shall have a maximum of 3 business days to approve or disapprove any preliminary plans or change orders and a maximum of 10 business days to approve or disapprove any final plans. If Lessee does not disapprove any plans or change orders within the time period set forth herein in writing, Lessor may proceed on the basis that the plans or change orders are approved by Lessee. If plans or change orders are disapproved, Lessee shall state the reason for disapproval and Lessor and Lessee shall act in good faith to resolve any issues. Lessor shall charge Lessee $250 per change order after the fifth (5th) change order for processing. Lessor further agrees, at its cost, to spend up to Fifty Thousand Dollars ($50,000) to upgrade the exterior of Phase I as part of the Phase II Lessee Interior Improvements. Notwithstanding the above obligations with respect to the Building Shell and the Phase II Lessee Interior Improvements, Lessor's obligation to proceed with the indicated improvements shall be subject to Lessee having available cash of a minimum of Ten Million Dollars ($10,000,000) as of the start of the Phase II construction.
Lessee Delays. The tent "Lessee Delay" shall mean 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 Delays means any delay that Lessor may encounter in the performance of Lessor’s obligations under this Exhibit C or the Lease to install and/or perform the Lessee Improvements solely because of any act or omission of any nature by Lessee or its agents, including, without limitation, delays resulting from changes in or additions to the scope of the Lessee Improvements; delays due to the failure to promptly give authorizations or approvals required to enable Lessor to proceed with any work; or delays due to the postponement of any Lessee Improvements at the request of Lessee. Lessor shall have the right to cease all work in the event the number of days attributable to Lessee Delays exceeds the aggregate of twenty (20) days, unless Lessee gives unconditional approval to all of the Lessee Improvements in a manner requested by Lessor to allow Lessor to proceed with the immediate construction of the improvements. The failure of Lessee to provide such unconditional approval within three (3) business days after written demand therefor from Lessor shall constitute a non-curable Event of Default under the Lease.
Lessee Delays means any delay in the Substantial Completion (defined below) of the Improvements or any portion thereof resulting from any or all of the following: (1) Lessee’s failure to timely perform any of its obligations pursuant to this Work Letter, including any failure to timely pay any amounts or sums payable by Lessee hereunder and any failure to complete, on or before the due date therefor, any action item which is Lessee’s responsibility pursuant to this Work Letter, including Lessee’s failure to grant approvals within the time frames described herein; (2) any delay or period of time specifically referred to herein as a “Lessee Delay”; (3) Lessee’s request for materials, finishes, improvements or installations which are not readily available or which require long lead times to acquire, (4) Lessee’s failure to timely vacate the third floor of the Office Building prior to the commencement of Construction Phase 2 as set forth in the Lease or (5) any other act or failure to act by Lessee, Lessee’s Representative, Lessee’s employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Lessee.
Lessee Delays. As defined in Section 7.1.
Lessee Delays means any delay in substantial completion of the Improvements resulting from any or all of the following: