Landlord Delay. As used herein, (x) “Force Majeure Construction Delay” shall mean acts of God, casualties, natural disasters, strikes, war, terrorist attacks, lockouts, labor disputes or civil commotion, and (y) “Landlord Delay” shall mean a delay in the construction of the Tenant Improvements or Compliance Work resulting directly from the acts or omissions of Landlord, Landlord’s employees, agents, or contractors including, but not limited to (i) failure of Landlord to timely approve or disapprove any plans; (ii) interference by Landlord, its employees, agents or contractors with the completion of the Tenant Improvements or Compliance Work (including the impairment of Tenant’s contractors’ or vendors’ or employees’ access to the Premises for any reason (including due to the presence of Landlord’s contractors, vendors or personnel), failure to provide reasonable access to the Building’s loading docks or other facilities necessary for the construction of the Tenant Improvements or Compliance Work and/or the movement of materials and personnel to the Premises for such purpose) and (iii) delays due to the acts or failures to act of Landlord, its agents or contractors with respect to payment of the Tenant Improvement Allowance. If Tenant contends that a Force Majeure Construction Delay or a Landlord Delay has occurred, Tenant acknowledges and agrees that it has inspected the Building and the Site and in no event shall the physical character or condition of the Building and/or Site existing as of the Effective Date constitute a basis for a Landlord Delay (this agreement does not apply to the failure of any Building component to properly operate). Further, in no event shall any delay of Landlord constitute a Landlord Delay unless such delay results in a full day of delay in the construction of the Tenant Improvements or Compliance Work. Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Force Majeure Construction Delay or Landlord Delay; such notice may be via electronic mail to Landlord’s construction representative described above. Tenant will additionally use reasonable efforts to mitigate the effects of any Force Majeure Construction Delay or Landlord Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. If the actions or inactions or circumstances described in the D...
Landlord Delay. A “Landlord Delay” shall be defined as any act or omission by Landlord or any agent, employee, consultant, contractor or subcontractor of Landlord which causes an actual delay in the completion of Tenant’s Work, provided that no Landlord Delay shall be deemed to occur until Tenant gives Landlord written notice of the event giving rise to such claimed Landlord Delay and a reasonable description of the same.
Landlord Delay. As used in this Workletter and the Lease, "Landlord Delay" shall mean any of the following types of delay in the completion of construction of the Tenant Improvements necessary for Tenant's occupancy of and commencement of business in the respective Buildings or phases, but only to the extent of the actual delay reasonably attributable to the causes or circumstances described herein and directly or proximately caused by such causes or circumstances after the delivery of Landlord's Structural Completion Certificate for the applicable Building or phase:
Landlord Delay. As used herein, the term "Landlord Delay" shall mean (a) a delay by Landlord in the delivery of any required plans, drawings, documents or information or the giving of a required approval or consent, or the making available of space or systems to Tenant as required by this Lease, and (b) a delay in Tenant's Work or any required Tenant approval, consent or action, caused by the fault or delay of, or noncompliance with this Lease by, Landlord or any of its employees, agents, contractors or suppliers. If the Delivery Date does not occur by January 1, 2003 (or by March 1, 2003 if Tenant has exercised the Commencement Date Extension Option), then Landlord Delay shall include each calendar day that passes after said date until the Delivery Date occurs. Landlord Delay shall include delay which is the direct result of the existence of concealed Hazardous Materials (defined herein) within the Premises or as a result of concealed legally non-complying conditions within the Premises, but only to the extent that (a) such condition is discovered and alleged to exist during the ninety (90) day period following the date on which Tenant commences the Tenant's Work within the portion of the Premises affected by such conditions, and (b) such condition is not attributable to the acts or omissions of Tenant or its employees, agents, contractors or suppliers. For purposes of the prior sentence, the term "concealed" shall mean not discoverable by reasonable and customary inspection. Landlord Delay shall not include (x) any day of a grace period or a period described as reasonably authorized for completion of performance by Landlord, (y) any delay to the extent caused by Tenant Delay, or (z) Force Majeure Delay; provided that for this purpose no delay of a type set forth in either of the two immediately preceding sentences shall be considered Force Majeure Delay regardless of whether within the control of Landlord. Landlord Delay shall not include any delay caused by any timely and proper rejection by Landlord of any plan or other information required to be submitted by Tenant and approved by Landlord (to the extent that Landlord has the right to withhold such approval pursuant to the terms of this Lease).
Landlord Delay. See definition in Paragraph 10 hereof.
Landlord Delay. Any of the following types of delay in the completion of construction of the Tenant Improvements:
Landlord Delay. Any of the following types of delay in the completion of construction of Tenant’s Work (if any), but in each instance only to the extent that any of the following has actually and proximately caused substantial completion of Tenant’s Work to be delayed beyond the later of February 7, 2007 or the date by which the applicable Tenant’s Work would have been completed but for such delay:
Landlord Delay. The term “Landlord Delay” shall mean (i) the failure of Landlord to provide any responses required of Landlord within the time periods set forth in this Exhibit B-1 or (ii) any actual delay in the completion of the Expansion Space Tenant Improvements to the extent caused by the correction of any Defect that Tenant has identified to Landlord in accordance with Section 2 of the Second Amendment; provided, however, (1) a Landlord Delay shall not include any of the foregoing delays to the extent caused by the acts, omissions, or misconduct of Tenant or any Tenant Related Party, and (2) no Landlord Delay shall be deemed to have occurred unless Tenant has given Landlord written notice that an act or omission on the part of Landlord is about to occur or has occurred which will cause a delay in the completion of the Expansion Space Tenant Improvements and Landlord has failed to cure such delay within one (1) Business Day after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delay. Tenant shall be entitled to one (1) day of Base Rent abatement for each day of Landlord Xxxxx; provided, that such abatement attributable to all Landlord Delays identified in clause (ii) of the definition thereof shall not exceed two (2) months in the aggregate.
Landlord Delay. Landlord Delay" means delay in Tenant's performance of an obligation required by this Lease that results, directly or indirectly, from any of the following: (a) delays by Landlord in responding to Tenant requests for approval, consents, permits or other matters for which Landlord approval or action is required under this Lease (including the Construction Provisions) or under Applicable Laws, or requirements applicable to Landlord and/or the Premises, which delays either extend beyond the time frame (if any) required under this Lease (including the Construction Provisions) for response or that is unreasonable (except to the extent such delay results from either Tenant's failure to comply with the Conceptual Development Plan and/or Landlord's compliance with Applicable Laws); and/or (b)the negligence or willful misconduct of Landlord or its employees. No Landlord Delay shall operate to excuse, xxxxx or delay Xxxxxx's obligation to pay Rent except as otherwise expressly provided in this Lease.
Landlord Delay. A “Landlord Delay” shall be defined as any act or omission by Landlord, or any agent, employee, consultant, contractor or subcontractor of Landlord, which (x) is not a result of the priority granted to Landlord’s Work, and (y) causes an actual delay in the performance of Tenant’s Work. Notwithstanding the foregoing, no event shall be deemed to be a Landlord Delay until and unless Tenant has given Landlord written notice (the “Landlord Delay Notice”) advising Landlord; (i) that a Landlord Delay is occurring, (ii) of the basis on which Tenant has determined that a Landlord Delay is occurring, and (iii) the actions which Tenant believes that Landlord must take to eliminate such Landlord Delay and Landlord has failed to correct Landlord Delay specified in Landlord Delay Notice within twenty-four (24) hours following receipt of Landlord Delay Notice. No period of time prior to expiration of the cure period shall be included in the period of time charged to Landlord pursuant to such Landlord Delay Notice.
