Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 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 anything to the contrary in this Agreement or this Work Letter, 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
Sources: Office Lease (Extend Health Inc), Office Lease (Extend Health 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 Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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
Sources: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, 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 Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Suite 475 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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
Sources: 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 Pricing Completion Date Construction Drawings pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Suite 350 Work Letter or the LeaseLease (as amended); (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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
Sources: 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 Pricing Completion Date Construction Drawings pursuant to occur by the Pricing Due DateSection 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 breach breath by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 core 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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
Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, 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 the Pricing Plans Completion Date to occur by the Pricing Plans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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
Sources: 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 Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, 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 the Pricing Completion Date to occur by the Pricing Due Date[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Suite 255 and Suite 270 Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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 1 contract
Tenant Delay. If Any of the following types of delay in the completion of construction of Landlord's TI Work (but in each instance, only to the extent that any of the following has actually and proximately caused substantial completion of Landlord's TI Work to be delayed):
(i) Any delay resulting from Tenant's failure to furnish, in a timely manner, information reasonably requested by Landlord or by Landlord's Project Manager in connection with the design or construction of Landlord's TI Work, or from Tenant's failure to approve in a timely manner any matters requiring approval by Tenant;
(ii) Any delay resulting from Tenant Improvement Work is delayed (a “Tenant Delay”) Change Requests initiated by Tenant, including any delay resulting from the need to revise any drawings or obtain further governmental approvals as a result of any such Tenant Change Request;
(aiii) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach Any delay caused by Tenant of this Work Letter or the Lease; (d) any change (or Tenant's contractors, agents or employees) materially interfering with the performance of Landlord's TI Work, provided that Landlord shall have given Tenant prompt notice of such material interference and, before the first time a Tenant Delay is deemed to have occurred as a result of such delay, such interference has continued for more than forty-eight (48) hours after Tenant’s request for any changereceipt of such notice;
(iv) Any delay caused by Tenant failing to take the actions required of Tenant in this Tenant Work Letter to (A) cause the Approved Construction Schematic Plans or Final TI Working Drawings to have been completed and approved by the applicable dates set forth on Schedule 3 to this Exhibit B (except to the extent such delay results from “Time Deadlines”), or (B) meet any failure of Landlord to comply with its obligations under Section 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 other of the Tenant Improvement Work as milestone dates set forth in this Agreement; (f) any change to the base, shell or 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 anything to the contrary in this Agreement or this Work Letter, 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 occurredTime Deadlines.
Appears in 1 contract
Sources: Lease (Graphite Bio, 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 the Pricing Completion Date to occur by the Pricing Due Date; (bi) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cii) any breach by Tenant of this Work Letter or the Lease; (diii) any change (or Tenant’s request for any change) in the Approved Construction Drawings Plans (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 core 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
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 Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in 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 comply with its obligations under Section 3.3.3 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 core 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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. 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
Sources: Office Lease (Xactly Corp)
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 Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due DateIntentionally Omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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 1 contract
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 the Pricing Plans Completion Date to occur by the Pricing Plans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
Sources: Sublease (NeurogesX 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 Pricing Completion Date Proposal pursuant to occur by the Pricing Due DateSection 2.6 above on or before Tenant's Approval Deadline; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
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 the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cb) any breach by Tenant of this Work Letter or the Lease; (dc) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 core 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
Sources: Office Lease (Catasys, 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 the Pricing Plans Completion Date Data to occur by the Pricing Plans Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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 1 contract
Sources: Sublease Agreement (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 the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s 's failure to timely approve any matter requiring Tenant’s 's approval; (cb) any breach by Tenant of this Work Letter or the Lease; (dc) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 core 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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
Sources: Lease Agreement (Kempharm, 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 the Pricing Completion Date to occur by the Pricing Due Dateintentionally omitted; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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 1 contract
Sources: Sublease (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 the Pricing Completion Date to occur by the Pricing Due Date[Intentionally Omitted]; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings Work List (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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 1 contract
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 Pricing Completion Date Proposal pursuant to occur by Section 2.6 above and deliver the Pricing Due DatePermits 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 breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for Landlord’s approval of any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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 1 contract
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 (a “Tenant Delay”) as a result of (a) attributable to any failure of the Pricing Completion Date following: (1) actual delay in the giving of authorizations or approvals by Tenant or in the selection of any materials or colors of paint or carpet (to occur by the Pricing Due Dateextent 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) of the paint and carpet in accordance with the last sentence of Paragraph 4 above); (b2) the negligent or willfully wrongful acts or failures to act, of Tenant’s failure , its agents, or contractors, where such acts or failures to timely approve any matter requiring Tenant’s approvalact actually delay the completion of the Tenant Improvement Work; (c3) any breach material interference by Tenant, its agents, or contractors with the completion of Tenant Improvement Work, including delays resulting from entry into the Premises by such persons as contemplated in Paragraph 6 above or pursuant to Paragraph 3.3 of this Work Letter or the Lease; (d4) any change (or Tenant’s request for any change) in extension of time required to complete the Tenant 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 comply with its obligations under Section 3.3.3 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 core 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 event which is expressly identified as a Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in Delay under this Improvement Agreement or this Work Letter, and regardless of when in 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 occurredLease.
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Sources: Net Lease Agreement (Calix, 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 Pricing Completion Date Construction Drawings pursuant to occur by the Pricing Due DateSection 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 breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, 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.
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Sources: 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 the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (cb) any breach by Tenant of this Work Letter or the Lease; (dc) any change (or Tenant’s request by Tenant for any change) in a revision to the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with perform its obligations under Section 3.3.3 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 core 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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.
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Sources: Lease Agreement (Catasys, 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 the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 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 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 anything to the any contrary in provision of this Agreement or this Work LetterAgreement, and regardless 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.
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Sources: Office Lease (Trintech Group PLC)