Delay of the Substantial Completion of the Premises. Except as provided in this Section 4.2, the Lease Commencement Date shall occur as set forth in the Lease and Section 4.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in of the Lease, as a direct, indirect, partial, or total result of: 4.2.1 Tenant's failure to timely approve any matter requiring Tenant's approval; 4.2.2 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 4.2.3 Tenant's request for changes in the Approved Working Drawings; 4.2.4 Changes in any of the Approved Working Drawings because the same do not comply with applicable laws; 4.2.5 Tenant's requirement 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, as set forth in the Lease, or which are different from, or not included in, Landlord's standard improvement package items for the Building; 4.2.6 Changes to the base, shell and core work of the Building required by the Approved Working Drawings; 4.2.7 Tenant's failure to deliver to Landlord the Over-Allowance Amount on the date set forth in Section 2 of the Tenant Work Letter; 4.2.8 Tenant's actions in connection with any early entry as provided in Section 5.1, below; and
Appears in 1 contract
Sources: Office Lease (Zeltiq Aesthetics Inc)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 4.25.2, the Lease Commencement Date shall occur as set forth in the Lease and Section 4.15.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in of the Lease, as a direct, indirect, partial, or total result of:
4.2.1 5.2.1 Tenant's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve any matter requiring Tenant's approval;
4.2.2 5.2.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease;
4.2.3 5.2.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws;
5.2.5 Tenant's request for changes in the Approved Working Drawings;
4.2.4 Changes in any of the Approved Working Drawings because the same do not comply with applicable laws;
4.2.5 5.2.6 Tenant's requirement 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, as set forth in the Lease, or which are different from, or not included in, Landlord's standard improvement package items for the BuildingStandard Improvement Package;
4.2.6 5.2.7 Changes to the baseBase, shell Shell and core work of the Building Core required by the Approved Working Drawings;
4.2.7 Tenant; or EXHIBIT B-6- HCP, INC.[4939 Director's failure to deliver to Landlord the Over-Allowance Amount on the date set forth in Section 2 of the Tenant Work Letter;
4.2.8 Tenant's actions in connection with any early entry as provided in Section 5.1Place][Sorrento Therapeutics, below; andInc.]
Appears in 1 contract
Sources: Lease (Sorrento Therapeutics, Inc.)
Delay of the Substantial Completion of the Premises. Except as provided in this Section 4.2, the Lease Commencement Date shall occur as set forth in the Lease and Section 4.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Premises or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in of the Lease, as a direct, indirect, partial, or total result of:of any of the following (collectively, "TENANT DELAYS"):
4.2.1 3.2.1 Tenant's failure to timely approve the Working Drawings or any other matter requiring Tenant's approval;
4.2.2 3.2.2 A breach by Tenant of the terms of this Tenant Work Letter or the Lease;
4.2.3 3.2.3 Tenant's request for changes in any of the Approved Working Construction Drawings;
4.2.4 Changes in any of the Approved Working Drawings because the same do not comply with applicable laws;
4.2.5 3.2.4 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated estimated date of Substantial Completion of the Premises, as set forth in the Lease, or which are different from, or not included in, Landlord's standard improvement package items for the Building;
4.2.6 3.2.5 Changes to the base, shell and core work work, structural components or structural components or systems of the Building required by the Approved Working Drawings;; or
4.2.7 3.2.6 Any other acts or omissions of Tenant's failure , or its agents, or employees; then, notwithstanding anything to deliver to Landlord the Over-Allowance Amount on contrary set forth in the Lease and regardless of the actual date of Substantial Completion, the Lease Commencement Date (as set forth in Section 2 7.3 of the Summary) shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Work Letter;
4.2.8 Tenant's actions in connection with any early entry Delay or Delays, as provided in Section 5.1set forth above, below; andhad occurred.
Appears in 1 contract
Sources: Office Lease (PDF Solutions Inc)