Tenant Delay Days definition

Tenant Delay Days means each day of delay in the performance of Landlord’s Work that occurs (a) because Tenant fails to timely furnish any information or deliver or approve any required documents such as the plans (whether preliminary, interim revisions or final), pricing estimates, construction bids, and the like, (b) because of any change by Tenant to the plans, (c) because Tenant fails to attend any meeting with Landlord, the architect, any design professional, or any contractor, or their respective employees or representatives, as may be required or scheduled hereunder or otherwise necessary in connection with the preparation or completion of any construction documents, such as the plans, or in connection with the performance of Landlord’s Work, (d) because of any specification by Tenant of materials or installations in addition to or other than Landlord’s standard finish-out materials, or (e) because Tenant otherwise delays completion of Landlord Work.
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Tenant Delay Days means each day of delay in the performance of Xxxxxxxx's Work that occurs (a) because Tenant fails to furnish within three (3) business days any information or deliver or approve any required documents (whether preliminary, interim revisions or final), pricing estimates, and the like requested by Xxxxxxxx in writing, (b) because of any material change by Tenant to Landlord’s Work, (c) because Tenant fails to attend any meeting with Landlord, the architect, any design professional, or any contractor, or their respective employees or representatives, as may be required or scheduled hereunder or otherwise necessary in connection with the preparation or completion of any construction documents, in connection with the performance of Landlord's Work of which Landlord has notified Tenant at least three (3) business days in advance, (d) because of any specification by Tenant of materials or installations which are not readily available in addition to or other than Xxxxxxxx's standard finish-out materials of which Landlord advises Tenant and Xxxxxx fails to make a substitution which is readily available, or (e) because a Tenant Party otherwise delays completion of Landlord Work and such delay is not cured within three (3) business days of notice of same from Landlord to Tenant. EXHIBIT "C" Landlord's Certificate , 2023 ______________ 00 Xxxx 00xx Xxxxxx New York, New York Re: Lease ("Lease") dated ______, 2023 between AZUL NYC LLC, as Landlord, and ____________________, as Tenant, for the ________ floor in the building known as 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx Ladies and Gentlemen: All capitalized terms used herein shall have the meanings set forth in the Lease. Reference is made to Article 1 of the Lease. We are writing to acknowledge and confirm that the Commencement Date (as such term is defined in Article 1 of the Lease) under the Lease is ______, and the Expiration Date (as such term is defined in Article 1 of the Lease) is _______. Xxxxxx has accepted possession of the Premises pursuant to the Lease. Any improvements required by the terms of the Lease to be made by Landlord have been completed to the full and complete satisfaction of Tenant in all respects except for the punchlist items described on Schedule A hereto (the "Punchlist Items"), and except for such Punchlist Items, Landlord has fulfilled all of its duties under the Lease with respect to such initial tenant improvements. Furthermore, Tenant acknowledges that the Premises are suitable for th...
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Tenant Delay Days means the number of days of delay for Substantial Completion caused by (a) any acts of a Tenant Party, (b) changes requested by Tenant in the approved Interior Drawings, or (c) any specifications by Tenant of materials or installations which are not readily available. If Substantial Completion is delayed because of Tenant Delay Days, then the Term Commencement Date shall not be extended, but rather shall start on the date on which Substantial Completion would have occurred but for such Tenant Delay Days. As a clarification to the foregoing, and notwithstanding the provisions of Section 2.3(c) hereof setting forth certain review and response periods with respect to the Interior Drawings, if Tenant for any reason fails to deliver to Landlord, on or before Friday, January 9, 1998, preliminary plans for the Interior Improvements ("Tenant's Preliminary Plans") in form reasonably satisfactory for Landlord to prepare (or cause its architect to prepare) the Interior Drawings, each day after January 9, 1998, for which Xxxxxx fails to furnish Tenant's Preliminary Plans to Landlord shall be a Tenant Delay Day for purposes of determining the Term Commencement Date hereunder; if Tenant for any reason fails to approve Landlord's initial Interior Drawings (prepared in accordance with Tenant's Preliminary Plans) within five (5) business days after the date Landlord delivers such initial Interior Drawings to Tenant, each day after such fifth day until Tenant finally approves the Interior Drawings shall be a Tenant Delay Day for purposes of determining the Term Commencement Date hereunder; and if Tenant at any time after submission of Xxxxxx's Preliminary Plans to Landlord changes any item with respect to the Tenant's Preliminary Plans, the number of days of delay caused thereby shall constitute Tenant Delay Days for purposes of determining the Term Commencement Date hereunder.
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Examples of Tenant Delay Days in a sentence

  • In no case, other than as may be caused by Force Majeure Delay Days or Tenant Delay Days, shall Landlord take longer than 60 days after agreement thereon to accomplish items on the punchlist.

  • In the event Landlord’s Delivery of the Premises in compliance with this Lease is delayed beyond the Estimated Commencement Date by more than one (1) year (excluding any Tenant Delay Days), Tenant may terminate this Lease upon written notice to Landlord.

  • Notwithstanding the foregoing, Tenant shall receive a credit toward Base Rent in the amount of two (2) times the daily Base Rent due, for each day that Landlord’s Delivery of the Premises in compliance with this Lease is delayed beyond the Estimated Commencement Date (excluding any Tenant Delay Days), which credit shall be applied beginning on the actual Commencement Date and thereafter until fully exhausted.

  • Tenant shall be responsible for all costs in excess of Landlord’s Contribution, caused by any reason, including, without limitation, (i) any change, supplements, substitutions or alternates to the scope of the Tenant Improvements requested by Tenant or required as a result of Tenant’s revisions thereto or suggested by Landlord’s contractor or architect, (ii) any Tenant Delay Days, or (iii) any non-Building Standard materials, methods, quantities or finishes (“Tenant’s Costs”).

  • In the event that either Landlord or Tenant disputes in good faith the amount of the Total Landlord Delay Days or the Total Tenant Delay Days, such dispute shall be resolved by arbitration pursuant to Section 21.15 of the Lease.

  • These managers currently include 24th Street Asset Management, LLC ("24th Street") and BOAM FUND ONE: IM LLC.

  • Further, in the event of the occurrence of one or more Tenant Delay Days (hereafter defined) the date of Substantial Completion shall be the date on which the Work would have been sufficiently complete in accordance with the Construction Documents so that Tenant could occupy or utilize the Premises for its intended use, but for the Tenant Delay.

  • If Substantial Completion is delayed because of Tenant Delay Days, then the Term Commencement Date shall not be extended, but rather shall start on the date on which Substantial Completion would have occurred but for such Tenant Delay Days.

  • As used herein, the phrase "Deadline Delivery Date" shall mean ---------------------- April 1, 2001 plus the number of days thereafter equal to the number of Tenant Delay Days.

  • Display space may be canceled up to ninety (90) days prior to the opening date of the exposition and will be charged a $50 processing fee; a cancellation charge equal to one half the price of the space willbe made by the Management for space canceled forty five (45) to ninety (90) days prior to the opening date of the exposition, and, a cancellation charge equal to the full price of the space if canceled within forty five(45) working days of the opening date of the exposition.


More Definitions of Tenant Delay Days

Tenant Delay Days means each day of delay in the performance of the Work which is directly attributable to the affirmative acts or willful refusal to reasonably cooperate of Tenant or the employees, agents or contractors of Tenant, and “Force Majeure Delay Days” means each day of delay in the performance of the Work that occurs for the reasons specified in Section 25.3 of this Lease. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to the performance of punch-list items that remain to be performed by Landlord, if any. Prior to occupying the Premises, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming (A) the Commencement Date and the expiration date of the initial Term, (B) that Tenant has accepted the Premises, and (C) that Landlord has performed all of its obligations with respect to the Premises (except for punch-list items specified in such letter that are the responsibility of Landlord pursuant to the express terms and conditions of this Lease); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Date shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent and before Tenant may occupy the Premises to conduct business therein, Tenant shall, at its expense, obtain and deliver to Landlord a certificate of occupancy from the appropriate governmental authority for the Premises. 1 0000 XXXXXXXX XXXXXXX – XXXXX XXXXXXXX XXXXX, XX 00000 4812-0074-7958.V2
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Related to Tenant Delay Days

  • Tenant Delay Any event or occurrence that delays the completion of the Landlord Work which is caused by or is described as follows:

  • Tenant Delays A "Tenant Delay" shall mean any delay in Substantial Completion of the Building as a result of any of the following: (i) Tenant's failure to complete or approve the Tenant Improvement Plans by the dates set forth in Section 5.B, (ii) Tenant's failure to approve the bids for construction by the dates set forth in Section 5.C, (iii) changes to either the Shell Plans and Specifications or the Tenant Improvement Plans requested by Tenant which delay the progress of the work, (iv) Tenant's request for materials, components or finishes which are not available in a commercially reasonable time given the target Commencement Date, (v) Tenant's failure to make a progress payment for Tenant Improvement costs as provided in Section 5.F, (vi) Tenant's request for more than one (1) rebidding of the cost of all or a portion of the work, and (vii) any errors or omissions in the Tenant Improvement Plans provided by Tenant's architect. In the event Landlord believes Tenant is causing a Tenant Delay, Landlord shall notify Tenant in writing, state the action or inaction that it believes is causing the Tenant Delay, and state the date from which a Tenant Delay is being calculated. Claim of Tenant Delay shall be made within five (5) days after Landlord's discovery of the occurrence of the event giving rise to such claim. Tenant shall have the right to expedite work, at its sole cost, to minimize the effect of any Tenant Delays, to the extent it is practicable to do so. However, no Tenant Delay shall advance the Commencement Date to a date before the estimated Commencement Date of October 1, 2001. Notwithstanding anything to the contrary set forth in this Lease and regardless of the actual date the Premises are Substantially Complete (but subject to the limitation in the preceding sentence), the Commencement Date shall be deemed to be the date the Commencement Date would have occurred if no Tenant Delay had occurred as reasonably determined by Landlord. In addition, if a Tenant Delay results in an increase in the cost of the labor or materials, Tenant shall pay the cost of such increases.

  • Landlord Delay means any actual delay in the completion of the Improvements as a result of Landlord’s breach or material default under this Third Amendment (including, without limitation, any breach of representation or warranty); any delays relating to any of the matters specified in Section 5.3 of Exhibit B; any failure to respond to any items required to be furnished or approved by Landlord within a time period expressly set forth in this Third Amendment or the Lease (unless a deemed approval is specified, in which case no Landlord Delay shall be assessed); Landlord’s failure to allow contractors access to the Building or Premises as scheduled in advance with the Building’s property manager or Landlord’s request for material changes in the fmal Plans and Specifications after Landlord’s approval thereof (unless such request was caused by an error or omission by Tenant), provided, however, that notwithstanding the foregoing, no Landlord Delay shall be deemed to have occurred unless and until Tenant has delivered to Landlord a factually correct written notice (the “Landlord Delay Notice”), specifying the bona fide action or inaction which Tenant contends constitutes the Landlord Delay. If such action or inaction is not cured by Landlord within two (2) business days of Landlord’s receipt of such Landlord Delay Notice, then the Landlord Delay shall be deemed to have occurred as of the expiration of such two (2) business day period. A delay in construction of the Improvements due to a Tenant Delay (as defined in Exhibit B, attached to and part of the Original Lease), any Force Majeure event or a delay by any governmental authority (including but not limited to the City of Los Angeles) shall not be deemed a Landlord Delay. Any Landlord Delay Notice shall be sent to the notice address set forth in the Lease with copies to (a) to the property manager at the management office of the Building; and to (b) Xxxxxxx Xxxxxx Management LLC, 000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxx Xxxxxx, Xxxxxxxxxx 00000, Attention: Leasing Legal Department Manager.

  • Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.

  • Force Majeure Delays means any actual delay in the construction of the Tenant Improvements, which is beyond the reasonable control of Landlord or Tenant, as the case may be, as described in Paragraph 33 of the Lease.

  • Landlord’s Work means the work of constructing the Tenant Improvements.

  • Building Work has the meaning given to it in section 6 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth);

  • Force Majeure Failure has the meaning set forth in Section 8.1(d).

  • Landlord Work means the work, if any, that Landlord is obligated to perform in the Premises pursuant to a separate agreement (the “Work Letter”), if any, attached to this Lease as Exhibit C.

  • Substantial Completion Date means the date on which Substantial Completion occurs.

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.

  • Base Building Work means the base building work for the Building as described in this Manual.

  • Substantial Completion means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

  • Quarterly Commencement Date means the 1st day of each of April, July, October and January in each year.

  • Tenant’s Work means all improvements, alterations, fixture, equipment, and signage installation, and furniture placement necessary or appropriate for the conduct of the Permitted Use, including all work described as Tenant’s Work on Exhibit D, attached (the “Work Letter”).

  • Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Construction Commencement Date means the date set out in the Addendum, if applicable, by which you must commence construction of the Hotel. For the Hotel to be considered under construction, youmust have begun to pour concrete foundations for the Hotel or otherwise satisfied any site-specific criteria for “under construction” set out in the Addendum.

  • Excusable Delays means delays due to acts of terrorism, acts of war or civil insurrection, strikes, riots, floods, earthquakes, fires, tornadoes, casualties, acts of God, labor disputes, governmental restrictions or priorities, embargoes, national or regional material shortages, failure to obtain regulatory approval from any Federal or State regulatory body, unforeseen site conditions, extraordinary rainfall or snowfall, or any other condition or circumstances beyond the reasonable or foreseeable control of the applicable Party using reasonable diligence to overcome which prevents such Party from performing its specific duties or obligation hereunder in a timely manner; provided, however, Excusable Delay does not include lack of financing, unanticipated or unexpected increases in the costs of construction, or errors in business judgment by a Party; and provided further that Excusable Delay shall only extend the time of performance for the period of such Excusable Delay, which shall begin on the date which the event of Excusable Delay first occurs and extend until the date which the event which has caused the Excusable Delay has been corrected or performed, or reasonably should have been corrected or performed.

  • Prior Occupancy means Owner’s use of all or parts of the Project before Substantial Completion, as more fully set forth in Section 6.08 A.

  • Occupancy Date means the date on which occupancy of all Units in a Project is permitted;

  • DAY WORK means on item of work requiring the employment of labour with or without materials as the case may be, which, in the opinion of the Senior Engineer /Civil-in-charge, is not capable of being evaluated by the accepted methods of measurement or assessment and is paid for on the basis of the actual labour and materials utilised on the particular item of work referred to.

  • Construction Period means the period commencing from the Appointed Date and ending on the date of the Completion Certificate;

  • Tenant Improvement Allowance in the maximum amount of $200.00 per rentable square foot in the Premises, which is included in the Base Rent set forth in the Lease; and

  • Tenant Improvements Defined in Exhibit B, if any.

  • Lease Commencement Date has the meaning specified in Section 3.2 of the Master Lease.