Common use of Tenant Delay Clause in Contracts

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)

AutoNDA by SimpleDocs

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Suite 350 Work Letter or the LeaseLease (as amended); (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant the Pricing Completion Date to approve occur by the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval DeadlinePricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any anything to the contrary provision of in this AgreementAgreement or this Work Letter, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant the Plans Completion Date to approve occur by the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval DeadlinePlans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building (or the Initial Landlord Work Plans) required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by any portion of the Approved Construction DrawingsTenant Improvements that do not constitute customary general office improvements; or (g) any other act or omission of Tenant or any of its agents, employees or representativesrepresentatives that continues for more than one (1) business day after notice thereof to Tenant, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 2 contracts

Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Tenant Delay. If The term “Tenant Delay” shall mean, with respect to the substantial completion of the Tenant Improvement Work Work, delay which is delayed attributable to any of the following: (a “1) actual delay in the giving of authorizations or approvals by Tenant Delay”or in the selection of any materials or colors of paint or carpet (to the extent Tenant is expressly granted under this Improvement Agreement the right to select any such materials (provided that Tenant shall have the right to select the color(s) as a result of the paint and carpet in accordance with the last sentence of Paragraph 4 above); (a2) any failure the negligent or willfully wrongful acts or failures to act, of Tenant, its agents, or contractors, where such acts or failures to act actually delay the completion of the Tenant Improvement Work; (3) material interference by Tenant, its agents, or contractors with the completion of Tenant to approve Improvement Work, including delays resulting from entry into the Construction Drawings Premises by such persons as contemplated in Paragraph 6 above or pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath by Tenant Paragraph 3.3 of this Work Letter or the Lease; (d4) any request by extension of time required to complete the Tenant for a revision Improvement Work because of changes to the Approved Construction Drawings (except Plans or the Tenant Improvement Work requested by Tenant, including any delays caused by requests for Extra Work pursuant to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 Paragraph 5 above); (e5) delay attributable to Tenant’s requirement for materials, components, finishes or improvements that which are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreementand which are different from, or not included in, Landlord’s standard improvement package items for the Building; (f6) a breach by Tenant of any change to the base, shell or are of the Premises material terms of this Improvement Agreement or Building required by the Approved Construction DrawingsLease; or (g7) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ when the Tenant Improvement Work event which is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such expressly identified as a Tenant Delay had occurredunder this Improvement Agreement or in the Lease.

Appears in 1 contract

Samples: Improvement Agreement (Calix, Inc)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B-1, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Suite 255 and Suite 270 Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction DrawingsWork List; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Digital Domain Media Group, Inc.)

Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a "Tenant Delay") as a result of (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above on or before Tenant’s 's Approval Deadline; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s 's requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; or (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.

Appears in 1 contract

Samples: Second Amendment (Apollo Medical Holdings, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant the Pricing Completion Date to approve occur by the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval DeadlinePricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work Improvements as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Trintech Group PLC)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed not Substantially Completed due to delay (a “Tenant Delay”) as a result of resulting (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work is to be Substantially Completed as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Substantially Completed but for the Tenant Delay had occurredDays.

Appears in 1 contract

Samples: Lease Agreement (INVO Bioscience, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant the Plans Completion Data to approve occur by the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval DeadlinePlans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Telik Inc)

Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a "Tenant Delay") as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (cb) any breath breach by Tenant of this Work Letter or the Lease; (dc) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 3.3 above); (ed) Tenant’s 's requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (ge) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred.. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant

Appears in 1 contract

Samples: Second Amendment (Kempharm, Inc)

Tenant Delay. If (a) the substantial completion of the Tenant Improvement Work Improvements is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (bi) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cii) any breath breach by Tenant of this Work Letter or the Lease; (diii) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings Plans (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (eiv) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work Improvements as set forth in this Agreement; (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (gv) any other act or omission of Tenant or any of its agents, employees or representatives; and (b) Landlord provides written notice to Tenant of such Tenant Delay and Tenant fails to cure such Tenant Delay within a commercially reasonable amount of time, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Optimer Pharmaceuticals Inc)

AutoNDA by SimpleDocs

Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant the Plans Completion Date to approve occur by the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval DeadlinePlans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work Improvements as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is Improvements are actually substantially completed, the Tenant Improvement Work Improvements shall be deemed to be substantially completed on the date on which the Tenant Improvement Work Improvements would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (NeurogesX Inc)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction DrawingsWork List; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Coherus BioSciences, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Graphon Corp/De)

Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cb) any breath breach by Tenant of this Work Letter or the Lease; (dc) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 2.4 above); (ed) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (ge) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.

Appears in 1 contract

Samples: Office Lease (Catasys, Inc.)

Tenant Delay. If the substantial completion Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cb) any breath breach by Tenant of this Work Letter or the Lease; (dc) any request by Tenant for a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 2.4 above); (ed) Tenant’s requirement for materials, components, finishes or improvements that are different from the finishes in the Existing Premises and are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (ge) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.

Appears in 1 contract

Samples: First Amendment (Catasys, Inc.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (for purposes herein, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadlineintentionally omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (NeurogesX Inc)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings pursuant to Section 2.5 above on or before Tenant’s Approval DeadlineIntentionally Omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform comply with its obligations under Section 2.7 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or are core of the Premises or Building Project required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: First Amendment (GP Investments Acquisition Corp.)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above on or before Tenant’s Approval Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any request by Tenant for a revision change to the Approved Construction Drawings (except but only to the extent that Landlord notifies Tenant, when Landlord approves such change, of the length of the delay results from any failure of Landlord to perform its obligations under Section 2.7 abovethat will be caused by such change)); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this AgreementAgreement (but only to the extent that Landlord notifies Tenant, when Landlord approves such requirement, of the length of the delay that will be caused by such requirement); (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings[Intentionally Omitted]; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Landlord shall use reasonable efforts to provide Tenant with prompt notice (which notice, notwithstanding Section 25.1 of this Agreement, may be given orally, by e-mail, or by any other method) of any Tenant Delay so that Tenant may take action to avoid or minimize the same.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Drawings Pricing Proposal pursuant to Section 2.5 2.6 above and deliver the Permits to Landlord pursuant to Section 2.8 above on or before Tenant’s Approval and Permitting Deadline; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breath breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for a revision to Landlord’s approval of any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; or (f) any change to the base, shell or are of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of’ of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred.

Appears in 1 contract

Samples: Office Lease (Puma Biotechnology, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.