Permit Delay definition

Permit Delay means the inability of Landlord to obtain building permits required in connection with the construction of the Base, Shell and Core and Project within thirty (30) days after Landlord's submittal to the City for such permits, other than the City's refusal to issue such permits due to an incomplete or inaccurate submittal to the City by Landlord.

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Permit Delay means an actual delay in Substantial Completion beyond the Target Date resulting from the issuance of the Permits after the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tena▇▇'▇ ▇ailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay). The term, "LANDLORD CAUSED DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date to the extent resulting from (i) the material interference by Landlord, its agents or contractors with Substantial Completion, (ii) Landlord's failure to abide by the time periods required of Landlord for approvals hereunder, (iii) Landlord's failure to substantially complete and deliver Land▇▇▇▇'▇ ▇ork prior to the Target Date or (iv) the failure of an MPE Contractor designated by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available to Tenant were it not for Landlord's designation of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delay, but excluding delays resulting from the inability to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer (but only to the extent the acts or omissions of the Engineer relate to the Tenant Improvements). If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE") of the event which constitutes such delay and the delay shall be deemed to have occurred commencing as of the date of the commencement of such delay provided Tenant gives Landlord written notice of such delay within two (2) business days after the date Tenant first has knowledge of such delay, otherwise such delay will be deemed to have occurred commencing as of the date of Landlord's receipt of the Delay Notice. In the event of a dispute as to any such Landlord Caused Delay, Permit Delay or Unavoidable Delay, a mutually acceptable arch...

Permit Delay means a delay in obtaining a Permit despite Seller's commercially reasonable efforts to diligently obtain such Permits.

Examples of Permit Delay in a sentence

• The term "Permit Delay" shall mean the inability of Landlord to obtain building permits required in connection with the construction of the Base, Shell and Core and Project within thirty (30) days after Landlord's submittal to the City for such permits, other than the City's refusal to issue such permits due to an incomplete or inaccurate submittal to the City by Landlord.

• The first payment of Per Month Amounts for delayed lots shall be paid by the tenth day of the fourth month following the initial existence of a Building Permit Delay and thereafter shall continue to be paid in accordance with Section 8.2(f)(i).

• As used herein, "Permit Delay" shall mean delays in the achievement of Substantial Completion by December 12, 2005 on a critical path basis caused by Landlord's failure to obtain the Permits for reasons beyond Landlord's reasonable control, despite Landlord's exercise of commercially reasonable, good faith and diligent efforts, to obtain the Permits when required pursuant to EXHIBIT "B" -7- the Work Schedule.

• As used in this Tenant Work Letter, "Permit Delay" shall mean any failure of Tenant to receive final building permits for the Tenant Improvements within sixteen (16) weeks after Tenant's submittal of the Permit Set to the applicable governmental agencies for the issuance of building permits (the "Permits").

• In the event of a dispute as to any such Landlord Caused Delay, Permit Delay or Unavoidable Delay, a mutually acceptable architect shall determine the existence and extent of the delay.

• For the avoidance of doubt, the Per Month Amount for all lots delayed during and after the Grace Period of a Building Permit Delay shall be calculated commencing with the beginning of the third month in accordance with Section 8.2(f)(i).

• Permit Delay shall not operate to cause the acceleration of the Commencement Date.

• As used herein, the term "Commencement Date Delay" shall mean only a "Force Majeure Delay", "Landlord Caused Delay," or "Permit Delay", as those terms are defined below in this Section 5.1 of this Tenant Work Letter.

• Notwithstanding the terms of Section 5.2, above, after the first eight (8) weeks of Permit Delay, any subsequent Permit Delay (the "Extended Permit Delay") shall serve to extend the Outside Lease Commencement Date by only fifty percent (50%) of the period of such Extended Permit Delay.

• As used herein, the term "Force Majeure Delay" shall mean only an actual delay resulting from a "Force Majeure" as defined in Section 29.16 of the Lease, not including any "Permit Delay" (as defined in Section 5.1.3 below).

More Definitions of Permit Delay

Permit Delay means any failure of Tenant to receive final building permits for the Tenant Improvements within sixteen (16) weeks after Tenant's submittal of the Permit Set to the applicable governmental agencies for the issuance of building permits (the "Permits").

Permit Delay means that any governmental authority that issues building permits or approvals required for the performance of the initial installations and the closing of any relevant applications and filings made in connection with the plans of the initial installations refuses to issue such building permits and/or other approvals or close such relevant applications and filings solely as a result of either (i) the certificate of occupancy or temporary certificate of occupancy for the building not permitting the premises to be used for the Permitted Uses or (ii) any other open permits affecting the building not filed by or on behalf of the tenant.

Permit Delay means the inability of Landlord to obtain building permits required in connection with the construction of the Base, Shell and Core to the extent caused by the complete cessation of granting or processing of building permits by the appropriate governmental authority. Force Majeure Delays shall not extend any of the time periods in this Section 1.6 by more than ninety (90) days in each instance.

Permit Delay means delays in the achievement of Substantial Completion by December 12, 2005 on a critical path basis caused by Landlord's failure to obtain the Permits for reasons beyond Landlord's reasonable control, despite Landlord's exercise of commercially reasonable, good faith and diligent efforts, to obtain the Permits when required pursuant to EXHIBIT "B" -7- the Work Schedule. Landlord and Tenant shall cooperate to minimize and mitigate potential Permit Delays including without limitation by performing pre-permit work in connection with the construction of the Tenant Improvements to the extent feasible. Permit Delay shall not constitute Tenant Delay. Permit Delay shall not operate to cause the acceleration of the Commencement Date.

Permit Delay means the inability of Tenant to obtain building permits required in connection with the construction of the Tenant Improvements to the extent caused by the complete cessation of granting or processing of building permits by the appropriate governmental authority. EXHIBIT B [535 Mission Street]