Tenant Delay means (i) any request by Tenant that Landlord delay in the commencement or completion of the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable, for any reason; (ii) any delay in the Base Building Substantial Completion Date caused by Tenant’s contractors, agents and employee’s interference with Landlord and Landlord’s contractor’s, agents, and employees; or (iii) any other act or omission of Tenant or its officers, agents, servants or contractors which causes a delay in the Premises Base Building Work, or the Common Facilities Base Building Work, as applicable. If a delay shall occur in the Base Building Work as a result of Tenant Delay, then Tenant shall, within thirty (30) days after determination of the Rent Commencement Date, and only to the extent that such amount exceeds the rent credit, if any, due to Tenant, pay to Landlord for each day of Tenant’s Delay the amount of Basic Rent, Additional Rent and other charges that would have been payable hereunder had Tenant’s Delay not occurred to the extent that such Tenant Delay caused the Rent Commencement Date to be later than the date such date would have occurred had such Tenant Delay not occurred. Landlord shall give Tenant written notice of a Tenant Delay under clauses (ii) and (iii) above within twenty-four (24) hours after Landlord learns of such Tenant Delay. Subject to Tenant Delay and Force Majeure, if Landlord shall have failed to substantially complete the Premises Base Building Work on or before March 1, 2002, Tenant shall have the right to terminate the Lease by written notice to Landlord prior to March 15, 2002, whereupon this Lease shall terminate and be of no further force or effect thirty (30) days after the date of such notice unless Landlord shall have substantially completed the Premises Base Building Work prior to, or within such period.
Tenant Delay. Any event or occurrence that delays the completion of the Landlord Work which is caused by or is described as follows:
Tenant Delay shall be defined as the following:
Examples of Tenant Delay in a sentence
Substantial Completion (as defined herein) of the Landlord Improvements shall occur, subject to Force Majeure Delay and/or Tenant Delay (as defined below), not later than August 1, 2020 (“Anticipated Substantial Completion Date”).
If it is concluded that such construction is, in fact, being properly constructed in accordance with the Final Plans, then any delay in the construction schedule shall be a Tenant Delay.
Should Tenant timely advise Landlord in writing that it wishes to move forward with the excess Landlord Improvements, then Landlord shall proceed with installing and/or constructing such changes to the Landlord Improvements; provided, however, that any delay to the progress of the construction schedule shall be deemed a Tenant Delay if Landlord notifies Tenant in writing of such delay as per Section 5.1.1(iv) above.
Notwithstanding anything to the contrary contained in this Lease, if the Premises do not reach Substantial Completion on or before November 1, 2020, subject to Force Majeure Delay and/or Tenant Delay, then Tenant may, at its sole and absolute discretion, elect to terminate this Lease, with such termination to be effective at the end of the then-current academic semester or year, at Tenant’s sole option.
More Definitions of Tenant Delay
Tenant Delay means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays substantial completion of the Landlord Work, including, without limitation, the following:
Tenant Delay means any delay in the completion of the Landlord’s Work or Tenant’s Requested Work (if applicable) resulting from any or all of the following, provided any of the following occurrences continue for more than twenty-four (24) hours after Txxxxx’s receipt of written notice from Landlord, and provided that Tenant has received written notice from Landlord setting forth the cause of such delay within five (5) days after such claimed delay first arises: (a) Tenant’s failure to timely perform any of its obligations pursuant to this Exhibit B, including Tenant’s failure to provide, authorize, approve or address, in a reasonably timely manner, any plans, specifications, drawings, requests for clarification or other information required by this Exhibit B to be approved by Tenant or necessary to perform the Landlord’s Work; (b) Tenant’s changes to the Final Working Drawings and Specifications (i.e., Change Orders), including not only the time to perform the work required by such Change Order(s) but the time it takes for Landlord to cost out such Change Order(s), determine any anticipated delay which will be caused by the work and obtain approval of Tenant of the cost thereof and/or the delay as provided in this Lease or Exhibit B; (c) except to the extent set forth in the Final Working Drawings and Specifications, Tenant’s request for non-Building standard materials, finishes, or installations which are not readily available in a commercially reasonable time given the anticipated Commencement Date or which are incompatible with the Landlord’s building standards; (d) changes or postponements requested by Tenant to the Landlord’s Work or Tenant’s Requested Work (if applicable); (e) any errors in plans, specifications, drawings or other documents provided by Tenant or its employees or agents or any error in comments or requested changes to plans, specifications, drawings or other documents provided by Landlord or its employees; or (f) any wrongful act or failure to act by Txxxxx, Tenant’s employees, agents, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant which actually and directly causes a delay in the Landlord’s Work.
Tenant Delay means any incremental delay in Landlord’s performance of Landlord’s Work that occurs as the result of (i) any change by Tenant to the space plan after submission thereof to Landlord and/or the approved plans and specifications for such work; (ii) any delay in such work caused by the installation of Tenant’s fixtures in the Premises or the performance of any other work by Tenant at the Premises; and (iii) Tenant specifying any materials or equipment which are not readily available in the market and require long-lead time to obtain. Upon the occurrence of any event that Landlord contends is a Tenant Delay, Landlord shall promptly deliver notice to Tenant thereof, together with Landlord’s reasonable estimate of the expected delay. Notwithstanding the foregoing, a delay shall only be considered a Tenant Delay if such delay causes an incremental delay in the completion of the Tenant Improvements. For example, if Landlord is delayed by the unavailability of certain materials and Tenant causes a delay while Landlord is delayed by such unavailability of materials so that no further actual incremental delay is caused by Tenant, such delay by Tenant shall not constitute a “Tenant Delay” hereunder. In the event of any Tenant Delays, the Premises shall be deemed to have been completed on the date Landlord and Tenant reasonably determine the Premises would have been so completed but for such Tenant Delays.
Tenant Delay means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays the Substantial Completion of the Landlord Work, including, without limitation: (1) Tenant’s failure to furnish information or approvals within any time period specified in this Lease, including the failure to prepare or approve preliminary or final plans by any applicable due date; (2) Tenant’s selection of equipment or materials that have long lead times after first being informed by Landlord that the selection may result in a delay; (3) changes requested or made by Tenant to previously approved plans and specifications; (4) performance of work in the Premises by Tenant or Tenant’s contractor(s) during the performance of the Landlord Work; or (5) if the performance of any portion of the Landlord Work depends on the prior or simultaneous performance of work by Tenant, a delay by Tenant or Tenant’s contractor(s) in the completion of such work.
Tenant Delay means any act or omission by Tenant and/or Tenant’s agents, employees or contractors (collectively with Tenant, the “Tenant Parties”) which causes an actual delay in the performance of Landlord’s Work. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act within on or before a date or time period expressly set forth in the Lease (in which event no Tenant Delay Notice shall be required): (x) in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant (a) that a Tenant Delay is occurring, and (b) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (y) no period of time prior to the time that Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice.
Tenant Delay means any delay in the performance of the construction of the Tenant Improvements as a result of (i) Tenant’s failure to timely approve the Plans, (ii) any request by Tenant that Landlord perform any work in addition to the Tenant Improvements which might reasonably cause a delay in Landlord’s construction schedule, (iii) any Change Order that will impact Landlord’s construction schedule, (iv) the selection of any long lead items by Tenant which will cause a delay in completion of the Tenant Improvements, (v) the performance or failure of performance of any work by any person, firm or corporation employed or retained by Tenant, (vi) the failure of Tenant to perform any obligations required to be performed by Tenant to obtain a certificate of occupancy (e.g. the installation of Tenant’s furniture systems, wiring or cabling, etc.), or (vi) any other action by Tenant which materially impairs or delays performance of any work by Landlord. Tenant shall not cause or affect a Tenant Delay or do anything else, or fail to do anything else, that may cause a delay in the completion of the construction of the Tenant Improvements or that will increase the costs of such construction, except as allowed under §10(b) above. In the event Tenant fails to cooperate or comply with this section and such failure results in a delay of completion of the construction of the Tenant Improvements by Landlord (in Landlord’s reasonable judgment), Tenant shall be responsible to Landlord for all Rent that would have been due from Tenant under this lease but for such Tenant Delay. Landlord and Tenant acknowledge and agree that Landlord’s damages as a result of a Tenant Delay is difficult to ascertain, that such per diem amounts are a reasonable pre-estimate of Landlord’s probable loss as a result thereof and that such damages constitute reasonable liquidated damages for Landlord’s loss and not a penalty.
Tenant Delay means any delay which Landlord may encounter in the performance of Landlord’s obligations under this Lease to the extent that Landlord encounters such delay by reason of (i) any act or omission of any nature of Tenant, Tenant’s agents or contractors, (ii) delays by Tenant in violation of this Lease in submission of information, (iii) delays due to the postponement of any portion of Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, at the request of Tenant, and/or (iv) the time delay as a result of the performance of change orders. Any such Tenant Delay shall continue only through the date that such activity or occurrence shall cease to constitute a delay; provided that all simultaneous delays shall be deemed to run concurrently and not consecutively and shall not be “double” counted. In the event that Substantial Completion of the Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, is actually delayed by reason of one or more Tenant Delay, Tenant agrees that the Seventh Amendment Commencement Date shall be deemed to be the date that the Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, would have been Substantially Completed had the same not been so delayed due to such Tenant Delays. Landlord agrees that, subject to Tenant Delay, each item of Landlord’s Work or Landlord’s Base Building Work, whichever the case may be, shall be prosecuted with due diligence; provided, however, that nothing contained in this Article IV shall be deemed to impose upon Landlord any obligations to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever.