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 Proposal pursuant to Section 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 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 core of the Premises required by any portion of the Tenant 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 representatives 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 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 (a “Tenant Delay”) as a result of (a) any failure of Tenant the Pricing Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlineDue 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, then, notwithstanding any anything to the contrary provision of in this AgreementAgreement 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 the Plans Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 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 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 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 core of the Premises or Building (or the Initial Landlord Work Plans) required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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
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 Construction Pricing Proposal Drawings pursuant to Section 2.6 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 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 core are of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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
Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, 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 Plans Completion Date to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 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 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, then, notwithstanding any contrary provision of this Agreement, 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 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 Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlineDue 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, then, notwithstanding any contrary provision of this Agreement, 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: Office Lease (Trintech Group PLC)
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 Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval Deadline; (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 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 core of the Premises required by any portion of the Tenant Improvements that do not constitute customary general office improvements; or (gv) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one representatives; and (1b) business day after Landlord provides written notice thereof to TenantTenant 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 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 the Plans Completion Data to approve occur by the Construction Pricing Proposal pursuant to Section 2.6 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 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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 1 contract
Sources: Sublease Agreement (Telik 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 Proposal pursuant to Section 2.6 above on or before Tenant’s Approval DeadlineIntentionally 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 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 core of the Premises or Project required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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 1 contract
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 Pricing Proposal pursuant to Section 2.6 above on or before Tenant’s Approval Deadlineintentionally 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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 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 Tenant to approve the Construction Pricing Proposal Drawings pursuant to Section 2.6 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsApproved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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 1 contract
Sources: Office Lease (Graphon Corp/De)
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 Proposal pursuant to Section 2.6 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 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 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 core of the Premises or Building required by any portion of the Tenant Improvements that do not constitute customary general office improvementsWork List; or (g) any other act or omission of Tenant or any of its agents, employees or representatives that continues for more than one (1) business day after notice thereof to Tenantrepresentatives, 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 1 contract