Lessor Delay means any delay in achieving completion of the Paris Facility as described in Section 6(a) below arising solely and directly as a result of:
Lessor Delay means the failure by Lessor or any Lessor Affiliate to perform any of its obligations pursuant to this Lease or any other Arena Document to the extent such failure causes an actual delay in the date of completion by Lessee of its obligations hereunder beyond the date such obligations would be otherwise complete (taking into account Force Majeure and Lessee-caused delays). With respect to any Lessor Delay for which a time period is provided in this Lease, no Lessor Delay shall occur unless and until Lessor has received three (3) Business Days written notice of such Lessor Delay. With respect to any Lessor Delay for which a time period is not provided in this Lease, such delay shall not constitute Lessor Delay unless and until (i) Lessor has failed to respond to Lessee’s notice or request within ten (10) days or if a response shall reasonably require longer than ten (10) days, Lessor has failed to respond within such reasonable period of time and (ii) Lessee has given Lessor notice of such Lessor Delay. If a Lessor Delay occurs less than three (3) Business Days prior to the date on which Lessee has an obligation hereunder, then Lessee shall receive an automatic time extension for such obligation for the number of Business Days required to deliver the 3 Business Day notice described above and to claim such Lessor Delay.
Lessor Delay means any delay in the Substantial Completion of the Lessee Improvements resulting from (i) any breach of this Lease by lessor (including, without limitation, any failure of Lessor to perform in accordance with the time frames specified for Lessor's performance under this Exhibit); and/or (ii) the negligence or wilful misconduct of Lessor or its employees or agents; provided that no Lessor Delay shall be deemed to commence or occur unless and until the matter giving rise to such Lessor Delay is not cured by Lessor within one (1) business day following Lessor's receipt of written notice thereof from Lessee.
Examples of Lessor Delay in a sentence
If such action or inaction is not cured within one day after receipt of the notice, then a Lessor Delay, or County Delay, as set forth in the notice, will be deemed to have occurred commencing as of the date the notice is received and continuing for the number of days the completion of the Tenant Improvements is in fact delayed as a direct result of such action, inaction or event.
The Commencement Date will be delayed by one day for each day of delay in the design or completion, of the Tenant Improvements that is caused by a Lessor Delay, as defined below.
If such action or inaction is not cured within one day after receipt of the notice, then a Lessor Delay, or County Delay, as set forth in the notice, will be deemed to have occurred commencing as of the date the notice is received and continuing for the number days the design or completion of the Tenant Improvements is in fact delayed as a direct result of such action, inaction or event.
The Commencement Date will be delayed by one day for each day of delay in the completion of the Tenant Improvements that is caused by a Lessor Delay, as defined below.
Lessee shall complete construction within one hundred eighty (180) days after the commencement of construction; provided, however, that the time for completion shall be extended for as long as Lessee shall be prevented from completing the construction by Lessor Delay or Force Majeure.
More Definitions of Lessor Delay
Lessor Delay means any actual delay in the completion of Tenant Improvements that is caused solely by any of the following: (i) Lessor not responding to requests for authorization or approval within the time period provided for a response to such request or, if no such time is stated, beyond a reasonable time therefor, and (ii) the acts or failures to act, whether willful, negligent, or otherwise, of Lessor, its agents, or contractors, to the extent contrary to the terms hereof.
Lessor Delay means any actual delay in Lessee’s exercise of rights or performance of obligations under this Lease, including any failure of Lessee to meet deadlines set forth in this Lease or to achieve operation of the Premises for the Permitted Uses hereunder to the extent arising out of or resulting from (i) the failure of Lessor to approve or disapprove any plans or other matters which Lessor is required to approve under this Lease in accordance with the time periods referenced herein (or in the UDSG if applicable) as such time periods may be extended pursuant to the operative provision or document, or (ii) interference by Lessor, its agents, employees or contractors. Notwithstanding the foregoing, with respect only to a Lessor Delay arising out of interference by Xxxxxx, its agents, employees or contractors as referenced in item (ii) above, it shall not be a Lessor Delay hereunder unless Xxxxxx first notifies Lessor in writing of the event which constitutes such delay and Lessor fails to cure the actions, inactions or circumstances described in such notice within five (5) Days after delivery thereof. In such event, the Lessor Delay shall be deemed to have occurred commencing as of the date such notice is delivered to Lessor and ending as of the date such delay ends.
Lessor Delay means any delays caused in whole or in part by or through Lessor and/or Lessor’s employees, representatives or agents, including, without limitation, Lessor’s failure to reasonably cooperate with Lessee in the procurement of Approvals, and/or failure to approve any item requiring Lessor’s approval in the timeframes provided (and if no timeframe is provided, than in a reasonably timeframe), and/or any unreasonable interference by any of Lessor’s employees, representatives and/or agents with any obligations to be performed on the part of Lessee. In the event Lessee notifies Lessor of circumstances that could result in a potential delay in the construction of the Restaurant, Lessor and Lessee shall at all times act reasonably and cooperate with each other to mitigate such delay.
Lessor Delay as used in this Agreement means any delay in the completion of the Tenant Improvements which is due to any act or omission of Lessor (wrongful, negligent or otherwise), its agents or contractors (including acts or omissions while acting as agent or contractor for Lessee).
Lessor Delay means any breach or default by LESSOR in the performance of LESSOR’s obligations under this Lease which actually results in a delay in construction of the Tenant Improvements.
Lessor Delay means any of the following items individually or collectively: (i) Lessor's failure to comply with any performance deadline specified in this Lease to be complied with by Lessor after the Possession Date,
Lessor Delay as used in the Lease or this Work Letter shall mean any delay in the Substantial Completion of the Work (as defined in Paragraph 2(c) below) in accordance with the timelines provided in the Construction Schedule attached hereto as Schedule “F-5”, as the same may be adjusted by Change Order, to the extent due to (i) Lessor’s failure to deliver the Tenant Improvement Documents by the dates set forth in Section 3(c) below and (ii) any Lessor Delay specified in this Work Letter or in the Lease, including, without limitation, any Lessor Delay agreed upon in writing following the First Meeting (defined above) or determined by the Design Arbitrator as set forth above.