Common use of INABILITY TO OBTAIN MATERIALS Clause in Contracts

INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase I that are not regularly used, and cannot be obtained within ninety (90) days after placing an order therefore and Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase I by the Scheduled Completion Date, and information that will permit Lessee reasonably to select an alternative fitting, finish, or material, including, without limitation any expected delays in the Scheduled Completion Date associated with each alternative, but only if (i) it wasn't a long lead time item when Lessor approved it or (ii) Lessor notified Lessee that it is a long lead time item when Lessor delivered the plans for Lessee's approval. Within seven (7) business days, Lessee shall either (i) execute a change order in accordance with the foregoing requirements selecting a reasonable alternative presented by Lessor or developed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase I as a consequence of the inability to obtain the item will be a Lessee Delay. Any item that is part of approved budget that can be obtained within Ninety (90) days will not be a delay under Section 2.1.8 below.

INABILITY TO OBTAIN MATERIALS. If Lessor notifies Lessee that any fittings, finished or other materials specified by Lessee for the Lessee Interior Improvements for Phase I II that are not regularly used, and cannot be obtained within ninety (90) days after placing an order therefore and Lessor reasonably determines that such extended delivery time will prohibit Lessor from Substantially Completing the Lessee Interior Improvements for Phase I II by the Scheduled Completion Date, and information that will permit Lessee reasonably to select an alternative fitting, finish, or material, including, without limitation any expected delays in the Scheduled Completion Date associated with each alternative, but only if (i) it wasn't a long lead time item when Lessor approved it or (ii) Lessor notified Lessee that it is a long lead time item when Lessor delivered the plans for Lessee's approval. Within seven (7) business days, Lessee shall either (i) execute a change order in accordance with the foregoing requirements selecting a reasonable alternative presented by Lessor or developed by Lessee and approved by Lessor, which approval shall not be unreasonably withheld, or (ii) agree that any delay in the Substantial Completion of the Lessee Interior Improvements for Phase I II as a consequence of the inability to obtain the item will be a Lessee Delay. Any item that is part of the approved budget that can be obtained within Ninety ninety (90) days will not be a delay under Section 2.1.8 2.2.8 below.