COMPLETION AND RENTAL COMMENCEMENT DATE. Tenant’s obligation for the payment of rent pursuant to the Lease will commence on the Commencement Date as set forth in the Lease; however, such payment of rent may be delayed in the event the substantial completion of the Tenant Improvements is delayed by Landlord’s actions. If, however, Tenant’s occupancy and use of the Premises are delayed as a result of (a “Tenant Delay”): (a) Tenant’s failure to timely supply information necessary to complete the Tenant Working Drawings (or revisions to such drawings) or to approve the Tenant Space Plan by May 27, 2011, the Preliminary Tenant Improvement Cost Itemization by May 27, 2011, or the Final Tenant Working Drawings or Tenant Cost Proposal within the time frame established in Paragraph 8 above; or (b) Tenant’s request for new work involving Above-Allowance Work; or (c) Modifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or (d) Changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or (e) Any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees, then the Commencement Date of the Lease and Tenant’s obligation for the payment of rent shall commence on the date set forth in the Lease regardless of any contrary provisions of the Lease.
Appears in 1 contract
Sources: Office Lease (Solar Power, Inc.)
COMPLETION AND RENTAL COMMENCEMENT DATE. Tenant’s obligation Each of the following, to the extent they actually cause a delay, shall be deemed a "TENANT DELAY" for the payment purposes of rent pursuant to the Lease will commence on establishing the Commencement Date as set forth in the Lease; however, such payment of rent may be delayed in the event the substantial completion of the Tenant Improvements is delayed by Landlord’s actions. If, however, Tenant’s occupancy and use of the Premises are delayed as a result of Lease (a “"TENANT DELAY" shall not be deemed to have occurred unless Landlord has provided Tenant Delay”with written notice of such situation):
(a) Tenant’s 's failure to timely supply information necessary to complete the Tenant Working Drawings (or revisions to such drawings) or to approve the Tenant Space Plan by May 27, 2011, the Preliminary Tenant Improvement Cost Itemization by May 27, 2011, or the Final Tenant Working Drawings or Tenant Cost Proposal within the time frame established in Paragraph 8 aboveherein; or
(b) Tenant’s 's request for new work involving Above-Allowance WorkWork after final approval of Tenant Working Drawings; or
(c) Modificationsmodifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or
(d) Changes changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by Tenant unless due to a deficiency in Landlord's Work or on behalf the act or omission of Landlord; or .
(e) any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or
(ef) Any any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees, then the Commencement Date of the Lease and Tenant’s obligation for the payment of rent shall commence on the date set forth in the Lease regardless of any contrary provisions of the Lease.
Appears in 1 contract
COMPLETION AND RENTAL COMMENCEMENT DATE. Tenant’s obligation Each of the following shall be deemed a "Tenant Delay" for the payment purposes of rent pursuant to the Lease will commence on establishing the Commencement Date as set forth in of the Lease; however, such payment of rent may be delayed in the event the substantial completion of the Tenant Improvements is delayed by Landlord’s actions. If, however, Tenant’s occupancy and use of the Premises are delayed as a result of (a “Tenant Delay”)::
(a) Tenant’s 's failure to have Tenant's Working Drawings prepared by Tenant's architect by September 30, 2003 or Tenant's failure to timely supply information necessary to complete (in accordance with this Agreement) approve the Tenant Working Drawings (or revisions to such drawings) or to approve the Tenant Space Plan by May 27, 2011, the Preliminary and Final Tenant Improvement Cost Itemization by May 27, 2011, or the Final Tenant Working Drawings or Tenant Cost Proposal within the time frame established in Paragraph 8 above; orItemization.
(b) Tenant’s 's request for new work involving Above-Allowance Work; or
(c) Modificationsmodifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or
(d) Changes changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or
(e) Any any delay in the completion of the work caused by Tenant's contractors or materials suppliers; or
(f) any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees. Unless in any of the above instances there is not a substantial or materially adverse delay or if the instance causes a time savings instead of a delay, then not deemed a "Tenant Delay". In the event that Landlord reasonably believes that a Tenant Delay has occurred which will result in the Commencement Date occurring more than six (6) months after the Estimated Delivery Date, then Landlord shall have the right, in addition to any other remedy provided for in the Lease, to terminate this Lease upon written notice to Tenant and thereafter both parties shall be relieved of all obligations under the Lease and Tenant’s obligation for the payment of rent shall commence on the date set forth in the Lease regardless of any contrary provisions of the Leasethereafter accruing.
Appears in 1 contract
COMPLETION AND RENTAL COMMENCEMENT DATE. Tenant’s 's obligation for the payment of rent pursuant to the Lease will commence on the Commencement Date as set forth in the Lease; however, such payment of rent may be delayed in the event the substantial completion of the Tenant Improvements leasehold improvements is delayed by Landlord’s 's actions. If, however, Tenant’s 's occupancy and use of the Premises are delayed as a result of (a “Tenant Delay”):of:
(a) Tenant’s 's failure to timely supply information necessary to complete the Tenant Working Drawings (or revisions to such drawings) ), or to approve timely review the Tenant Space Plan by May 27, 2011, the Preliminary Tenant Improvement Cost Itemization by May 27, 2011, or the Final Tenant Working Drawings (or Tenant Cost Proposal within the time frame established in Paragraph 8 aboverevisions to such drawings); or
(b) Tenant’s 's request for new work involving Above-Above- Allowance Work; or
(c) Modificationsmodifications, revisions and changes to the Tenant Space Plan or Tenant Working Drawings requested by or on behalf of Tenant; or
(d) Changes changes in the work requested by or on behalf of Tenant or orders to halt or delay the work given by or on behalf of Tenant; or
(e) Any other delay of any kind or nature caused by Tenant or its contractors, architects, space planners or other agents or employees, then the Commencement Date of the Lease shall be shortened for each calendar day of delay caused by Tenant and Tenant’s obligation for the payment of rent Commencement Date shall commence on be the date set forth the Leasehold Improvements would have been substantially completed (as defined in the Lease regardless of any contrary provisions paragraph 3 of the Lease) had a Tenant delay not occurred. Completion of the ATM installation shall not be a condition to the commencement of the term of this Lease.
Appears in 1 contract