Common use of Effect on Commencement Date Clause in Contracts

Effect on Commencement Date. Time is of the essence in connection with the delivery to Landlord of each and every drawing, plan, specification, schedule or other item required to be given by Tenant to Landlord or to be approved by Tenant pursuant to the schedule in and provisions of the Work Letter. If Landlord is delayed in substantially completing any Tenant Improvements included in Landlord's Work as a result of (a) Tenant's failure to approve plans, specifications, changes, cost estimates and other items within the time limits specified therefor in the Work Letter, or (b) any change by Tenant in said plans, specifications, or other items after the expiration of such time limits, or (c) any default by Tenant relating to its obligations hereunder or under the Work Letter, then, in any or all such instances and without limitation as to any 8 EXHIBIT 10.1 other right or remedy available to Landlord, Landlord may under clause (c) of Paragraph 3.1 determine in its sole discretion that the Commencement Date is the date that Landlord's Work would have been substantially completed but for such delay. Tenant's failure to perform or cause to be performed Tenant's obligations within the time limits referred to in the Work Letter, regardless of whether such delays were beyond the control of Tenant, shall not delay commencement of the Term or Tenant's obligations TO pay the Base Rent and Tenant's Share of the Building Operating Costs.

Effect on Commencement Date. Time is of the essence in connection with the delivery to Landlord of each and every drawing, plan, specification, schedule or other item required to be given by Tenant to Landlord or to be approved by Tenant pursuant to the schedule in and provisions of the Work Letter. If Landlord is delayed in substantially completing any Tenant Improvements included in Landlord's Work as a result of (a) Tenant's failure to approve plans, specifications, changes, cost estimates and other items within the time limits specified therefor in the Work Letter, or (b) any change by Tenant in said plans, specifications, or other items after the expiration of such time limits, or (c) any default by Tenant relating to its obligations hereunder or under the Work Letter, then, in any or all such instances and without limitation as to any 8 EXHIBIT 10.1 other right or remedy available to Landlord, Landlord may under clause (c) of Paragraph 3.1 determine in its sole discretion that the Commencement Date is the date that Landlord's Work would have been substantially completed but for such delay. Tenant's failure to perform or cause to be performed Tenant's obligations within the time limits referred to in the Work Letter, regardless of whether such delays were beyond the control of Tenant, shall not delay commencement of the Term or Tenant's obligations TO pay the Base Rent and Tenant's Share of the Building Operating Costs.