Commencement Date Delay Sample Clauses

Commencement Date Delay. (a) Subject to force majeure (as defined in the Lease) and Subtenant delay, if Sublease Substantial Completion has not occurred on or before the date that is sixty (60) days after the projected Sublease Commencement Date (subject to postponement as set forth in this Paragraph 2.2, the “Sublease Outside Date”), then Subtenant may terminate this Sublease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the Sublease Outside Date. (b) Termination of this Sublease in accordance with the foregoing subparagraph (a) shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from Subtenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Sublease and except as provided in the remainder of this sentence) and Subtenant shall receive a refund of any Sublease Security Deposit and prepaid Sublease Basic Monthly Rent actually received by Sublandlord or Landlord. (c) In addition to the foregoing, Landlord may at any time give Subtenant and Sublandlord notice that Sublease Substantial Completion will not occur by the Sublease Outside Date, which notice shall also set forth Landlord’s then-current estimate of the date (the “New Date”) on which Sublease Substantial Completion will occur, and Subtenant shall have ten (10) business days after receipt of such notice to exercise the termination right set forth in the foregoing subparagraph (a), or such right will be deemed to have been waived (but such waiver shall not affect the termination right set forth in subparagraph (d) below). (d) Thereafter, subject to force majeure and Subtenant delay, if Sublease Substantial Completion has not occurred on or before the New Date, then Subtenant may terminate this Sublease on notice given to Sublandlord and Landlord on or before (but not after) the date that is ten (10) days after the New Date. Termination of this Sublease in accordance with the immediately preceding sentence shall be effective as of the date of receipt by Sublandlord and Landlord of notice of termination from Subtenant, the Parties shall thereafter be released and discharged from all further obligations under this Sublease (except for any obligations that expressly survive the expiration of the Sublease Term or the sooner termination of this Subl...

Commencement Date Delay. The Commencement Date shall occur when ----------------------- Landlord's Work has been Substantially Completed (the "Completion Date"), except to the extent that completion of Landlord's Work shall have been actually delayed by any one or more of the following causes (a "Tenant Caused Delay"): (a) Tenant's Representative was not available to give or receive any Communication (in the manner required under the notice provisions contained in Section 44(a) of the Lease) or to take any other action ------- ----- required to be taken by Tenant hereunder; (b) Any Change Request, whether or not the Change that is the subject of the Change Request is actually performed; (c) Construction of any Change; (d) Tenant's request for materials, finishes, or installations requiring unusually long lead times (e) Tenant's delay in reviewing, revising, providing Comments, or approving specifications, plans, drawings, or other materials beyond the periods set forth herein; (f) Tenant's delay in providing information critical to the normal progression of Landlord's Work (Tenant shall provide such information as soon as reasonably possible, but in no event longer than 1 week after receipt of any request for such information from Landlord that is transmitted in the manner required under the notice provisions contained in Section 44(a) of the Lease); -------------

Commencement Date Delay. (a) Subject to force majeure and any unreasonable delay from Tenant’s failure to cooperate with Landlord in the construction of the Tenant Improvements, if Substantial Completion has not occurred on or before the date that is ninety (90) days after the Projected Commencement Date (subject to postponement as set forth in this Paragraph 3.2, the “Outside Date”), then Tenant may give notice to Landlord of the termination of this Lease at any time after the Outside Date and prior to the occurrence of Substantial Completion; provided, however, that notwithstanding such notice of termination, if Substantial Completion occurs within thirty (30) days after Tenant’s receipt of such notice of termination, then such notice of termination shall be void ab initio (from the beginning) and have no force or effect whatever and this Lease shall continue uninterrupted. The Outside Date shall be postponed one day for each day of force majeure delay or Landlord Delay. (b) Termination of this Lease in accordance with the foregoing subparagraph (a) shall (subject to the proviso contained in said subparagraph) be effective as of thirty (30) days after the date of receipt by Landlord of notice of termination from Tenant, the Parties shall thereafter be released and discharged from all further obligations under this Lease (except for any obligations that expressly survive Lease end and except as provided in the remainder of this sentence) and Tenant shall receive a refund of any Security Deposit actually received by Landlord.

Commencement Date Delay. The Commencement Date shall occur when Landlord's Work has been Substantially Completed (the "Completion Date"), except to the extent that completion of Landlord's Work shall have been actually delayed by any one or more of the following causes (a "Tenant Delay"): 3.6.1 No Tenant's Representative was available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder; 3.6.2 Tenant's Change Requests whether or not any such Change Request is actually implemented;

Commencement Date Delay. Notwithstanding Section 2.2, the LESSOR will have until October, 15, 1998 to notify the LESSEE of up to a 90 day delay in the Commencement Date beyond February 1, 1999. If the LESSOR so notifies the LESSEE in writing, then the Delay Credit per section 2.2 will be reduced to S3,70.0 per month or any part thereof during such 90 day delay period only and the "Delay Credit" per Section 2.2 will be calculated from the new Commencement Date.

Commencement Date Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not reasonably available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder; (ii) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (iii) Construction of any Change Requests;

Commencement Date Delay. The Rent Commencement Date shall occur on the earlier of the date Tenant's Work has been Substantially Completed (the "COMPLETION DATE") or May 1, 2000, except to the extent that completion of Tenant's Work has been actually delayed beyond May 1, 2000, by any one or more of the following causes (a "LANDLORD DELAY"): 3.4.1 Landlord's Representative was not available to give or receive any Communication or to take any other action required to be taken by Landlord hereunder; 3.4.2 Landlord's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or 3.4.3 Landlord's delay in making payments for Tenant's Work which are properly documented and supported as hereinbelow described. If Tenant claims that the Rent Commencement Date has been delayed for any of the foregoing reasons, then Tenant shall cause the Architect to certify the number of days of such Landlord Delay and the May 1 ,2000, date shall be extended, if required, one day for each day of such Landlord Delay.

Commencement Date Delay. The Commencement Date shall be delayed for each day after September 5, 1996 that Landlord fails to make the Lower Level Space and the Office Space available to Tenant for construction of, or preparation for construction of, the Initial Improvements, except to the extent that the delay shall be caused by any act or omission by Tenant, its agents, contractors or persons employed by any of such persons.

Commencement Date Delay. The Commencement Date shall be delayed as set forth in Paragraph 1 of the Lease, except, as set forth in said Paragraph 1, to the extent that the delay is actually caused solely by any one or more of the following (each, a “Tenant Delay”): (a) Tenant’s request for Change Orders (whether or not such Change Orders are actually performed) and the contractor’s performance of any approved Change Orders, except to the extent that the delay exceeds any estimated delay set forth in any Landlord delay estimate for the Change Order concerned; (b) Tenant’s request for materials, finishes or installations requiring unusually long lead times, provided that Landlord gives notice to Tenant of such lead times at the time of Tenant’s request or as soon thereafter as is reasonably practicable; (c) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth in this Exhibit; (d) Tenant’s delay in providing information critical to the normal progression of the Tenant Improvements (Tenant shall provide such information as soon as reasonably practicable, but in no event longer than three