Lessor Delay definition
Lessor Delay means any delay in achieving completion of the Paris Facility as described in Section 6(a) below arising solely and directly as a result of:
Lessor Delay means the failure by Lessor or any Lessor Affiliate to perform any of its obligations pursuant to this Lease or any other Arena Document to the extent such failure causes an actual delay in the date of completion by Lessee of its obligations hereunder beyond the date such obligations would be otherwise complete (taking into account Force Majeure and Lessee-caused delays). With respect to any Lessor Delay for which a time period is provided in this Lease, no Lessor Delay shall occur unless and until Lessor has received three (3) Business Days written notice of such Lessor Delay. With respect to any Lessor Delay for which a time period is not provided in this Lease, such delay shall not constitute Lessor Delay unless and until (i) Lessor has failed to respond to Lessee’s notice or request within ten (10) days or if a response shall reasonably require longer than ten (10) days, Lessor has failed to respond within such reasonable period of time and (ii) Lessee has given Lessor notice of such Lessor Delay. If a Lessor Delay occurs less than three (3) Business Days prior to the date on which Lessee has an obligation hereunder, then Lessee shall receive an automatic time extension for such obligation for the number of Business Days required to deliver the 3 Business Day notice described above and to claim such Lessor Delay.
Lessor Delay means any delay in the Substantial Completion of the Lessee Improvements resulting from (i) any breach of this Lease by lessor (including, without limitation, any failure of Lessor to perform in accordance with the time frames specified for Lessor's performance under this Exhibit); and/or (ii) the negligence or wilful misconduct of Lessor or its employees or agents; provided that no Lessor Delay shall be deemed to commence or occur unless and until the matter giving rise to such Lessor Delay is not cured by Lessor within one (1) business day following Lessor's receipt of written notice thereof from Lessee.
Examples of Lessor Delay in a sentence
Subject to events of Force Majeure, events of Lessor Delay, and Section 12 relating to permitted contests and cure rights, Lessee at its sole cost and expense will promptly and diligently comply with all Applicable Laws.
If, following the engagement of the Designer or the Engineer, Lessor unilaterally decides to terminate either the Designer or the Engineer, any delay in the Substantial Completion of the Work caused by or attributable to such termination shall be deemed Lessor Delay.
The Lease Commencement Date shall be delayed by one (1) business day for each business day of delay in the Substantial Completion of the Premises that is caused by any Force Majeure Delay or any Lessor Delay.
The Design Arbitrator shall only have the authority to choose between the positions (including the amount of Tenant Delay and Lessor Delay) set forth in the Design Dispute Notices, as well as to determine the amount of Tenant Delay and Lessor Delay, which shall be equal to the number of days that elapse from the applicable Final Approval Date set forth in Paragraph 3(c) to the date that the dispute regarding the Tenant Improvement Documents is resolved by the Design Arbitrator.
If Lessor has not delivered an Expansion Space Phase to Lessee in the condition required by the Work Letter by its Termination Date due to a Lessor Delay, Lessee may terminate the Lease as to such undelivered Expansion Space Phase by written notice to Lessor delivered within ten (10) days after such Expansion Space Phase's Termination Date.
More Definitions of Lessor Delay
Lessor Delay as used in the Lease or this Work Letter shall mean any delay in the Substantial Completion of the Work (as defined in Paragraph 2(c) below) in accordance with the timelines provided in the Construction Schedule attached hereto as Schedule “F-5”, as the same may be adjusted by Change Order, to the extent due to (i) Lessor’s failure to deliver the Tenant Improvement Documents by the dates set forth in Section 3(c) below and (ii) any Lessor Delay specified in this Work Letter or in the Lease, including, without limitation, any Lessor Delay agreed upon in writing following the First Meeting (defined above) or determined by the Design Arbitrator as set forth above.
Lessor Delay means any actual delay in the completion of Tenant Improvements that is caused solely by any of the following: (i) Lessor not responding to requests for authorization or approval within the time period provided for a response to such request or, if no such time is stated, beyond a reasonable time therefor, and (ii) the acts or failures to act, whether willful, negligent, or otherwise, of Lessor, its agents, or contractors, to the extent contrary to the terms hereof.
Lessor Delay means any delays caused in whole or in part by or through Lessor and/or Lessor’s employees, representatives or agents, including, without limitation, Lessor’s failure to reasonably cooperate with Lessee in the procurement of Approvals, and/or failure to approve any item requiring Lessor’s approval in the timeframes provided (and if no timeframe is provided, than in a reasonably timeframe), and/or any unreasonable interference by any of Lessor’s employees, representatives and/or agents with any obligations to be performed on the part of Lessee. In the event Lessee notifies Lessor of circumstances that could result in a potential delay in the construction of the Restaurant, Lessor and Lessee shall at all times act reasonably and cooperate with each other to mitigate such delay.
Lessor Delay means any breach or default by LESSOR in the performance of LESSOR’s obligations under this Lease which actually results in a delay in construction of the Tenant Improvements.
Lessor Delay means any actual delay in the permitting, construction or completion of any portion of the applicable Seventh Addendum Improvements directly caused by: (a) any failure of Lessor in timely responding to Lessee’s request for approval of the Plans and Specifications, which delay continues for two (2) business days after written notice; (b) a violation of applicable Requirements with respect to the base Building or the common areas, which prevents Lessee from obtaining a building permit or certificate of occupancy for the applicable portion of the Demised and not resulting from ▇▇▇▇▇▇’s performance of the Seventh Addendum Improvements; (c) unreasonable interference by Lessor with ▇▇▇▇▇▇’s performance of the applicable Seventh Addendum Improvements.
Lessor Delay means any delay in substantial completion of the Lessee Improvements which is actually and directly caused by all or any of the following:
Lessor Delay means any actual delay in Lessee’s exercise of rights or performance of obligations under this Lease, including any failure of Lessee to meet deadlines set forth in this Lease or to achieve operation of the Premises for the Permitted Uses hereunder to the extent arising out of or resulting from (i) the failure of Lessor to approve or disapprove any plans or other matters which Lessor is required to approve under this Lease in accordance with the time periods referenced herein (or in the UDSG if applicable) as such time periods may be extended pursuant to the operative provision or document, or (ii) interference by Lessor, its agents, employees or contractors. Notwithstanding the foregoing, with respect only to a Lessor Delay arising out of interference by ▇▇▇▇▇▇, its agents, employees or contractors as referenced in item (ii) above, it shall not be a Lessor Delay hereunder unless ▇▇▇▇▇▇ first notifies Lessor in writing of the event which constitutes such delay and Lessor fails to cure the actions, inactions or circumstances described in such notice within five (5) Days after delivery thereof. In such event, the Lessor Delay shall be deemed to have occurred commencing as of the date such notice is delivered to Lessor and ending as of the date such delay ends.