Tenant Delay definition
Tenant Delay means an actual delay in the occurrence of the Substantial Completion Date or the Final Completion Date with respect to Landlord’s Work as the result of:
(1) any unreasonable delay by Tenant in approving the Plans;
(2) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason;
(3) any request by Tenant to change the Plans after initial approval thereof by Tenant, or the making of any changes to Landlord’s Work requested by Tenant and agreed to by Landlord after initial approval of the Plans by Tenant;
(4) any failure by Tenant to respond in writing within seven (7) business days after any written request by Landlord for clarification or interpretation of the Plans or for approval of changes in the Plans deemed necessary by Landlord; or
(5) any other act or omission of Tenant or its officers, agents, employees or contractors; Notwithstanding the foregoing, no event shall be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (i) that a Tenant Delay is occurring, (ii) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (iii) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay, and Tenant has failed to correct the Tenant Delay specified in the Tenant Delay Notice within forty-eight (48) hours following receipt thereof. No period of time prior to expiration of such 48-hour period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice if Tenant corrects the Tenant Delay specified in the Tenant Delay Notice within such 48-hour period.
Tenant Delay. Any event or occurrence that delays the completion of the Landlord Work which is caused by or is described as follows:
Tenant Delay means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays substantial completion of the Landlord Work, including, without limitation, the following:
Examples of Tenant Delay in a sentence
Any failure by Tenant to act in good faith in accordance with the foregoing shall be deemed a Tenant Delay.
Notwithstanding any provision contained herein, Landlord shall have no liability for, and there shall be no postponement of the Rent Commencement Date, or any credit afforded to Tenant for any delay in the Commencement Date, arising out of or resulting solely from a Tenant Delay.
More Definitions of Tenant Delay
Tenant Delay means any incremental delay in Landlord’s performance of Landlord’s Work that occurs as the result of (i) any change by Tenant to the space plan after submission thereof to Landlord and/or the approved plans and specifications for such work; (ii) any delay in such work caused by the installation of Tenant’s fixtures in the Premises or the performance of any other work by Tenant at the Premises; and (iii) Tenant specifying any materials or equipment which are not readily available in the market and require long-lead time to obtain. Upon the occurrence of any event that Landlord contends is a Tenant Delay, Landlord shall promptly deliver notice to Tenant thereof, together with Landlord’s reasonable estimate of the expected delay. Notwithstanding the foregoing, a delay shall only be considered a Tenant Delay if such delay causes an incremental delay in the completion of the Tenant Improvements. For example, if Landlord is delayed by the unavailability of certain materials and Tenant causes a delay while Landlord is delayed by such unavailability of materials so that no further actual incremental delay is caused by Tenant, such delay by Tenant shall not constitute a “Tenant Delay” hereunder. In the event of any Tenant Delays, the Premises shall be deemed to have been completed on the date Landlord and Tenant reasonably determine the Premises would have been so completed but for such Tenant Delays.
Tenant Delay means any delay in the performance of the construction of the Tenant Improvements as a result of (i) Tenant’s failure to timely approve the Plans, (ii) any request by Tenant that Landlord perform any work in addition to the Tenant Improvements which might reasonably cause a delay in Landlord’s construction schedule, (iii) any Change Order that will impact Landlord’s construction schedule, (iv) the selection of any long lead items by Tenant which will cause a delay in completion of the Tenant Improvements, (v) the performance or failure of performance of any work by any person, firm or corporation employed or retained by Tenant, (vi) the failure of Tenant to perform any obligations required to be performed by Tenant to obtain a certificate of occupancy (e.g. the installation of Tenant’s furniture systems, wiring or cabling, etc.), or (vi) any other action by Tenant which materially impairs or delays performance of any work by Landlord. Tenant shall not cause or affect a Tenant Delay or do anything else, or fail to do anything else, that may cause a delay in the completion of the construction of the Tenant Improvements or that will increase the costs of such construction, except as allowed under §10(b) above. In the event Tenant fails to cooperate or comply with this section and such failure results in a delay of completion of the construction of the Tenant Improvements by Landlord (in Landlord’s reasonable judgment), Tenant shall be responsible to Landlord for all Rent that would have been due from Tenant under this lease but for such Tenant Delay. Landlord and Tenant acknowledge and agree that Landlord’s damages as a result of a Tenant Delay is difficult to ascertain, that such per diem amounts are a reasonable pre-estimate of Landlord’s probable loss as a result thereof and that such damages constitute reasonable liquidated damages for Landlord’s loss and not a penalty.
Tenant Delay means any delay in the completion of the Tenant Improvements attributable to Tenant, including, without limitation (i) Tenant’s failure to meet any time deadlines specified herein, (ii) Change Orders, (iii) the performance of any other work in the Leased Premises by any person, firm or corporation employed by or on behalf of Tenant, or any failure to complete or delay in completion of such work, (iv) Landlord’s inability to obtain an occupancy permit for the Leased Premises because of the need for completion of all or a portion of improvements being installed in the Leased Premises directly by Tenant, and (v) any other act or omission of Tenant.
Tenant Delay means any act or omission by Tenant and/or Tenant’s agents, employees or contractors (collectively with Tenant, the “Tenant Parties”) which causes an actual delay in the performance of Landlord’s Work. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act within on or before a date or time period expressly set forth in the Lease (in which event no Tenant Delay Notice shall be required): (x) in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (a) that a Tenant Delay is occurring, and (b) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (y) no period of time prior to the time that Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice.
Tenant Delay means any actual delay in the performance of the Building Work resulting from (i) any wrongful act or omission of Tenant or any of Tenant's agents, contractors or employees, including, without limitation, Tenant's failure to comply with the provisions of subsection 2.01(c) hereof, (ii) any request by Tenant that Landlord modify the nature or scope of the Building Work, (iii) any request by Tenant that Landlord delay the performance of any portion of the Building Work or (iv) any delay by Tenant in furnishing to Landlord any information requested by Landlord in connection with changes to or delays in the performance of the Building Work requested by Tenant; provided that, in the case of any of the circumstances set forth in clauses (i) through (iv), Landlord shall have notified Tenant promptly (and in any event within ten (10) days) after Landlord first learns of such Tenant Delay. In the event that Landlord is actually delayed in substantially completing the Pre-Commencement Building Work as the result of a Tenant Delay, the Commencement Date shall be deemed to be the earlier of (i) the date on which Landlord would have completed such Pre-Commencement Building Work but for such Tenant Delay, or (ii) the date on which Tenant or anyone claiming under or through Tenant, first occupies the Premises, or any part thereof, for the performance of Tenant's Work. In the event that Landlord is actually delayed in substantially completing any item of the Post-Commencement Building Work as the result of a Tenant Delay, Tenant shall not be entitled to any extension of the Rent Commencement Date due to such delay in the completion of such item of Post-Commencement Building Work, but Landlord shall complete any such incomplete items of Post-Commencement Building Work with reasonable promptness after the circumstances causing such delay are alleviated but without obligation to use overtime or premium-pay labor in connection therewith. Tenant shall reimburse Landlord as Additional Charges for any additional out-of-pocket expenses reasonably incurred by Landlord in performing the Building Work within twenty (20) days after delivery of an invoice therefor, which invoice shall be accompanied by copies of the bills for such out-of-pocket expenses.
Tenant Delay means any delay that Landlord may encounter in the completion Landlord's Work by reason of any act, neglect, failure or omission of Tenant, its agents, servants, contractors, architect or employees, in the performance of Tenant's obligations under this Schedule B, including:
Tenant Delay means any of the following: