Common use of Substantial Completion Tenant Delay Clause in Contracts

Substantial Completion Tenant Delay. For purposes of this Lease, “substantially complete” or “substantial completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancy, (iii) Tenant’s occupancy of the Premises for the conduct of Tenant’s business, as set forth in Section 2.3 of the Lease, or (iv) the date that substantial completion would have occurred but for the occurrence of a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises will be substantially complete. “Tenant Delay” shall mean (i) a delay resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Leasehold Improvements to the Premises because of a possible change to be initiated by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes in the Construction Drawings or Leasehold Improvements relating to the Premises; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame as the remainder of the leasehold improvements shown on the Construction Drawings; (iv) any delay resulting from the performance by Tenant of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements to the Premises.

Substantial Completion Tenant Delay. For purposes of this the Lease, as herein amended, “substantially completeSubstantially Complete” or “substantial completionSubstantial Completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancy, (iii) Tenant’s occupancy of the Premises Expansion Space for the conduct of Tenant’s business, as set forth in Section 2.3 of the Lease, or (iv) the date that substantial completion Substantial Completion would have occurred but for the occurrence of a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises Expansion Space will be substantially completeSubstantially Complete. “Tenant Delay” shall mean (i) a delay resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Leasehold Improvements to the Premises Expansion Space because of a possible change to be initiated by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes in the Construction Drawings or Leasehold Improvements relating to the PremisesExpansion Space; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement Leasehold Improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame as the remainder of the leasehold improvements Leasehold Improvements shown on the Construction Drawings; (iv) any delay resulting from the performance by Tenant of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements to the PremisesExpansion Space.

Substantial Completion Tenant Delay. For purposes The Tenant Improvements in the Initial Premises and the Additional Premises, respectively, shall be deemed to be “Substantially Complete” on the later of this Lease(i) date that the applicable Tenant Improvements have been performed, “substantially complete” or “substantial completion” means full completion, except for other than any minor punch list items or insubstantial details of construction, decoration mechanical adjustment or installation any other similar matter, the noncompletion of which does not materially interfere with Tenant’s use of the Initial Premises or Additional Premises, as applicable, and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancythe date Landlord receives from the appropriate governmental authorities, (iii) with respect to the applicable Tenant Improvements performed by Landlord or its contractors in the Initial Premises or Additional Premises, as applicable, all approvals necessary for Tenant’s occupancy of the Initial Premises for the conduct of Tenant’s businessor Additional Premises, as set forth applicable (which may include a certificate of temporary occupancy or substantially equivalent approval). However, if Landlord is delayed in Section 2.3 the Substantial Completion of the LeaseTenant Improvements in either phase of the Premises by Tenant Delay(s) (defined below), or (iv) the applicable Tenant Improvements shall be deemed to be Substantially Complete on the date that substantial completion would Landlord could reasonably have occurred but for been expected to Substantially Complete the occurrence of a Tenant Improvements absent any Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises will be substantially complete. “Tenant Delay” shall mean means any act or omission of Tenant or any Tenant’s Parties that delays the Substantial Completion of the Tenant Improvements, including, without limitation: (i1) Tenant’s failure to furnish information or approvals within any time period expressly specified in this Lease, including the failure to prepare or approve preliminary or final plans by any applicable due date; (2) Tenant’s selection of equipment or materials that have long lead times after first being informed by Landlord that the selection may result in a delay resulting from any direction delay; (3) changes requested or made by Tenant that Landlord suspend to previously approved plans and specifications; (4) performance of work in the Premises by Tenant or otherwise hold up construction Tenant’s contractor(s) during the performance of the Tenant Improvements; or (5) if the performance of any portion of the Leasehold Tenant Improvements to depends on the Premises because prior or simultaneous performance of work by Tenant, a possible change to be initiated delay by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes contractor(s) in the Construction Drawings completion of such work. No Tenant Delay shall be deemed to accrue unless and until Landlord has provided written notice to Tenant specifying that a delay has occurred because of actions, inaction or Leasehold Improvements relating circumstances specified in the notice in reasonable detail. If such actions, inaction or circumstances qualify as a Tenant Delay, then a Tenant Delay shall be deemed to the Premises; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame have occurred commencing as the remainder of the leasehold improvements shown on date Tenant received such notice from Landlord; provided, that the Construction Drawings; (iv) any delay resulting from the performance by Tenant extent of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements Delay shall be limited to the Premisesextent that such action, inaction or circumstance actually delays Substantial Completion of the Tenant Improvements.