Common use of Delay by Tenant Clause in Contracts

Delay by Tenant. Based upon the Approved Floor Plan, Landlord shall prepare and deliver to Tenant, the time frame for completion of the Initial Leasehold Improvements (the "Critical Path"). If substantial completion of the Premises by Landlord is delayed due to any one or more of the following: (a) Tenant's failure to furnish, approve, or authorize any plans beyond the time period provided in the Critical Path to be provided or other time period/limits set forth herein; (b) Tenant's delay or failure in submitting to Landlord any information, authorization, or approvals in compliance within the time limits set forth in the Critical Path, including, without limitation, any information required to prepare plans; (c) Changes in or additions to plans as requested by Tenant resulting in a delay beyond the dates set forth in the Critical Path; (d) The performance or completion of any work in the Premises by Tenant or any person, firm or corporation employed by Tenant; (e) Tenant's request for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of substantial completion of the Premises by Landlord as set forth herein; (f) Tenant's failure to pay, when due, any amounts required to be paid by Tenant pursuant to this Lease; (g) Tenant's failure to comply with all federal, state, or local laws or regulations, including, without limitation, all codes and ordinances; (h) Tenant's request for additional bidding or rebidding of the cost of all or a portion of the completion of the Premises beyond the dates set forth in the Critical Path; (i) Changes or postponements requested by Tenant to the work being completed (j) Any error in plans or other documents caused by Tenant, or its employees or Agents; and (k) Any other act or omission of Tenant, or its employees or agents which, in Landlord's reasonable opinion, will result in delays beyond the dates set forth in the Critical Path. Notwithstanding the foregoing, Tenant commits that its architect shall provide to Landlord complete plans and specifications for its intended Initial Leasehold Improvements to the Premises in quantities sufficient to secure at least two (2) construction bids from contractors and their respective subcontractors within five (5) business days starting from the first Friday after the full execution of the Lease. Then the Premises shall be deemed ready for occupancy on the date it would have been ready, but for such delay, and Rent shall commence as of such earlier date. Any changes to floor plans after Landlord and Tenant have agreed to the Approved Floor Plan shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and furthermore, Tenant shall pay for any additional costs that may be incurred by Landlord which are caused by the changes so requested by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Sagemark Companies LTD)

Delay by Tenant. Based upon the Approved Floor Plan, Landlord shall prepare and deliver to Tenant, the time frame for completion of the Initial Leasehold Improvements (the "Critical Path"). If substantial completion of the Premises by Landlord is delayed due to any one or more of the following: (a) Tenant's failure to furnish, approve, or authorize any plans beyond the time period provided in accordance with the Critical Path to be provided attached hereto as Exhibit "G" or other time periodperiods/limits set forth herein; (b) Tenant's delay or failure in submitting to Landlord any information, authorization, or approvals in compliance within the time limits set forth in the Critical Path, including, without limitation, any information required to prepare plans; (c) Changes changes in or additions to plans as requested by Tenant resulting in a delay beyond the dates set forth in the Critical Path; (d) The the performance or completion of any work in the Premises by Tenant or any person, firm or corporation employed by Tenant; (e) Tenant's request for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of substantial completion of the Premises by Landlord as set forth herein; (f) Tenant's failure to pay, when due, any amounts required to be paid by Tenant pursuant to this Lease; (g) Tenant's failure to comply with all federal, state, or local laws or regulations, including, without limitation, all codes and ordinances; (h) Tenant's request for additional bidding or rebidding of the cost of all or a portion of the completion of the Premises beyond the dates set forth in the Critical Path; (i) Changes changes or postponements requested by Tenant to the work being completed; (j) Any any error in plans or other documents caused by Tenant, or its employees or Agentsagents; and (k) Any any other act or omission of Tenant, or its employees or agents which, in Landlord's reasonable opinion, will result in delays beyond the dates set forth in the Critical Path. Notwithstanding the foregoing, Tenant commits that its architect shall provide to Landlord complete plans and specifications for its intended Initial Leasehold Improvements to the Premises in quantities sufficient to secure at least two (2) construction bids from contractors and their respective subcontractors within five (5) business days starting from the first Friday after the full execution of the Lease. Then path; then the Premises shall be deemed ready for occupancy on the date it would have been ready, but for such delay, and Rent shall commence as of such earlier date. Any changes to floor plans after Landlord and Tenant have agreed to execution of the Approved Floor Plan Lease shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and furthermore, Tenant shall pay for any additional extra costs that may be incurred by Landlord which are caused by the changes so requested by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Net Command Tech Inc)

Delay by Tenant. Based upon the Approved Floor Plan, Landlord shall prepare and deliver to Tenant, the time frame for completion of the Initial Leasehold Improvements (the "Critical Path"). If substantial completion of the Premises by Landlord is delayed due to any one or more of the following:, then the Premises shall be deemed ready for occupancy on the date it would have been ready, but for such delay, and Rent shall commence as of such earlier date. Any changes to space plan after execution of the Lease shall be subject to Landlord’s approval, and furthermore, Tenant shall pay for any extra costs that may incurred by Landlord which are caused by the changes so requested by Tenant. (aA) Tenant's ’s failure to furnish, approve, or authorize any plans beyond the time period provided in accordance with the Critical Path to be provided attached hereto as Rider 7 or other time periodperiods/limits set forth herein; (bB) Tenant's ’s delay or failure in submitting to Landlord any information, authorization, or approvals in compliance within the time limits set forth in the Critical Path, including, without limitation, any information required to prepare plans; (cC) Changes in or additions to plans as requested by Tenant resulting in a delay beyond the dates set forth in the Critical Path; (dD) The performance or completion of any work in the Premises by Tenant or any person, firm or for corporation employed by Tenant; (eE) Tenant's ’s request for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of substantial completion of the Premises by Landlord as set forth herein; (fF) Tenant's ’s failure to pay, when due, any amounts required to be paid by Tenant pursuant to this Lease; (gG) Tenant's ’s failure to comply with all federal, statestale, or local laws or regulations, including, including without limitation, all codes and ordinances; (hH) Tenant's ’s request for additional bidding or rebidding of the cost of all or a portion of the completion of the Premises beyond the dates set forth in the Critical Path; (iI) Changes or postponements requested by Tenant to the work being completed; (jJ) Any error in plans or other documents caused by Tenant, or its employees or Agentsagents; and (k) Any other act or omission of Tenant, or its employees or agents which, in Landlord's reasonable opinion, will result in delays beyond the dates set forth in the Critical Path. Notwithstanding the foregoing, Tenant commits that its architect shall provide to Landlord complete plans and specifications for its intended Initial Leasehold Improvements to the Premises in quantities sufficient to secure at least two (2) construction bids from contractors and their respective subcontractors within five (5) business days starting from the first Friday after the full execution of the Lease. Then the Premises shall be deemed ready for occupancy on the date it would have been ready, but for such delay, and Rent shall commence as of such earlier date. Any changes to floor plans after Landlord and Tenant have agreed to the Approved Floor Plan shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, and furthermore, Tenant shall pay for any additional costs that may be incurred by Landlord which are caused by the changes so requested by Tenant.

Appears in 1 contract

Sources: Sublease (NationsHealth, Inc.)