Common use of Substantial Completion Tenant Delay Clause in Contracts

Substantial Completion Tenant Delay. For purposes of this Lease, “substantially complete” or “substantial completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancy, (iii) Tenant’s occupancy of the Premises for the conduct of Tenant’s business, as set forth in Section 2.3 of the Lease, or (iv) the date that substantial completion would have occurred but for the occurrence of a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises will be substantially complete. “Tenant Delay” shall mean (i) a delay resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Leasehold Improvements to the Premises because of a possible change to be initiated by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes in the Construction Drawings or Leasehold Improvements relating to the Premises; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame as the remainder of the leasehold improvements shown on the Construction Drawings; (iv) any delay resulting from the performance by Tenant of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements to the Premises.

Substantial Completion Tenant Delay. Subject to the other terms and conditions of this Work Letter and the Lease, Landlord will proceed diligently with the performance of the Work. The actual Commencement Date will be governed by the Lease. All work to be done in the Premises, including, without limitation, the Work, will be subject to Landlord’s approval, and no work may be undertaken in the Premises until such approval is given. The Work will be deemed substantially completed upon (i) completion of construction of the Work in substantial accordance with the Plans (excepting only such punch list items that will not materially adversely affect Tenant’s occupancy and use of the Premises for their intended purpose) and (ii) if required by applicable law, Landlord’s receipt of a temporary or permanent certification or other authorization from the applicable governmental authority permitting occupancy of the Premises, unless Tenant’s actions or omissions have caused such approvals to be denied, in which case Tenant will be deemed to have waived this condition. For purposes of this Lease, “substantially complete” each one or “substantial completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancy, (iii) Tenant’s occupancy more of the Premises for the conduct of Tenant’s business, as set forth in Section 2.3 of the Lease, or (iv) the date that substantial completion would have occurred but for the occurrence of following constitutes a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises will be substantially complete. “Tenant Delay” shall mean ”: a. Tenant’s failure to deliver the Space Plan by the required date, or failure to devote the time or furnish the information required under Paragraph 1 of this Work Letter in connection with the Space Plan or the Architectural Plans; or b. Tenant’s failure to approve or disapprove (iwith stated reasons) a delay resulting from any direction by Tenant that Landlord suspend work the Proposed Architectural Plans within the required time, or otherwise hold up construction of any portion of the Leasehold Improvements Tenant’s proposing changes to the Premises because Architectural Plans that are inconsistent with or beyond the scope of a possible change to be initiated work called for by the Space Plan or information theretofore furnished by Tenant or for any other reason directed by Tenant; (ii) delays which result directly its Space Planner to Landlord or indirectly from the Architect; c. Tenant’s requested changes in disapproval of cost estimates for the Construction Drawings Work; or d. Tenant’s request for materials, finishes or Leasehold Improvements relating to the Premises; (iii) any delay caused by any installations constituting “long-lead timeitems,” previously identified as reasonably determined by Landlord, if possible, leasehold improvement item (e.g. millwork) which cannot be fabricated, delivered ; or e. Tenant’s failure to the job, and completely installed respond within the same time frame as the remainder any of the leasehold improvements shown on the Construction Drawings; time periods specified herein, or Tenant’s failure to deposit (ivor delay in depositing) any delay resulting from sum Tenant is obligated to deposit with Landlord; f. Tenant’s request for changes in the performance Work, or in the Plans (notwithstanding Landlord’s approval of any such changes) after Tenant’s preliminary approval thereof, including, without limitation, any changes in the Plans made at the request of Tenant upon Tenant’s receipt of the cost estimates in accordance with Paragraph 2; or g. Any other act or omission by Tenant of or its agents, including, without limitation, the Tenant Work; or (v) any other action or inaction of Tenant that Space Planner, which directly or indirectly delays Landlord (completion of the Work or Landlord’s contractor) in completing the Leasehold Improvements delivery to Tenant of possession of the Premises.

Substantial Completion Tenant Delay. For purposes The Tenant Improvements in the Initial Premises and the Additional Premises, respectively, shall be deemed to be “Substantially Complete” on the later of this Lease(i) date that the applicable Tenant Improvements have been performed, “substantially complete” or “substantial completion” means full completion, except for other than any minor punch list items or insubstantial details of construction, decoration mechanical adjustment or installation any other similar matter, the noncompletion of which does not materially interfere with Tenant’s use of the Initial Premises or Additional Premises, as applicable, and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancythe date Landlord receives from the appropriate governmental authorities, (iii) with respect to the applicable Tenant Improvements performed by Landlord or its contractors in the Initial Premises or Additional Premises, as applicable, all approvals necessary for Tenant’s occupancy of the Initial Premises for the conduct of Tenant’s businessor Additional Premises, as set forth applicable (which may include a certificate of temporary occupancy or substantially equivalent approval). However, if Landlord is delayed in Section 2.3 the Substantial Completion of the LeaseTenant Improvements in either phase of the Premises by Tenant Delay(s) (defined below), or (iv) the applicable Tenant Improvements shall be deemed to be Substantially Complete on the date that substantial completion would Landlord could reasonably have occurred but for been expected to Substantially Complete the occurrence of a Tenant Improvements absent any Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises will be substantially complete. “Tenant Delay” shall mean means any act or omission of Tenant or any Tenant’s Parties that delays the Substantial Completion of the Tenant Improvements, including, without limitation: (i1) Tenant’s failure to furnish information or approvals within any time period expressly specified in this Lease, including the failure to prepare or approve preliminary or final plans by any applicable due date; (2) Tenant’s selection of equipment or materials that have long lead times after first being informed by Landlord that the selection may result in a delay resulting from any direction delay; (3) changes requested or made by Tenant that Landlord suspend to previously approved plans and specifications; (4) performance of work in the Premises by Tenant or otherwise hold up construction Tenant’s contractor(s) during the performance of the Tenant Improvements; or (5) if the performance of any portion of the Leasehold Tenant Improvements to depends on the Premises because prior or simultaneous performance of work by Tenant, a possible change to be initiated delay by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes contractor(s) in the Construction Drawings completion of such work. No Tenant Delay shall be deemed to accrue unless and until Landlord has provided written notice to Tenant specifying that a delay has occurred because of actions, inaction or Leasehold Improvements relating circumstances specified in the notice in reasonable detail. If such actions, inaction or circumstances qualify as a Tenant Delay, then a Tenant Delay shall be deemed to the Premises; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame have occurred commencing as the remainder of the leasehold improvements shown on date Tenant received such notice from Landlord; provided, that the Construction Drawings; (iv) any delay resulting from the performance by Tenant extent of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements Delay shall be limited to the Premisesextent that such action, inaction or circumstance actually delays Substantial Completion of the Tenant Improvements.

Substantial Completion Tenant Delay. For purposes of this the Lease, as herein amended, “substantially completeSubstantially Complete” or “substantial completionSubstantial Completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancy, (iii) Tenant’s occupancy of the Premises Expansion Space for the conduct of Tenant’s business, as set forth in Section 2.3 of the Lease, or (iv) the date that substantial completion Substantial Completion would have occurred but for the occurrence of a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises Expansion Space will be substantially completeSubstantially Complete. “Tenant Delay” shall mean (i) a delay resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Leasehold Improvements to the Premises Expansion Space because of a possible change to be initiated by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes in the Construction Drawings or Leasehold Improvements relating to the PremisesExpansion Space; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement Leasehold Improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame as the remainder of the leasehold improvements Leasehold Improvements shown on the Construction Drawings; (iv) any delay resulting from the performance by Tenant of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements to the PremisesExpansion Space.

Substantial Completion Tenant Delay. For purposes of After the Tenant has paid any Tenant’s Expense then required to be paid under this LeaseWork Letter including, without limitation, all Alternates Costs, and Landlord has obtained all necessary building permits, Landlord shall enter into a contract with a general contractor selected by Landlord (“General Contractor”) and cause the Landlord’s Work to be performed in accordance with the Final CDs using Building standard materials (unless otherwise provided in the Final CDs). As used herein “Substantial Completion,” “Substantially Completed,” and any derivations thereof mean that the Landlord’s Work has been substantially complete” or “substantial completion” means full completion, except for completed in accordance with the Final CDs as reasonably determined by Landlord’s construction manager and Tenant may lawfully occupy the Premises. Substantial Completion shall have occurred even though minor punch list items or insubstantial details of construction, decoration or installation and mechanical adjustments and other “punch-list” items remain to be completed (“Punch-List Items”). If Landlord shall be deemed delayed in achieving Substantial Completion of the Landlord’s Work as a result of any Tenant Delays which are described in the Lease or this Work Letter, or upon the occurrence of any of the following events (which events are also referred to occur on the earlier of herein as “Tenant Delays”): (i) Tenant’s failure to furnish any information, document or approval required to be furnished by Tenant to Landlord hereunder at the issuance time and in the manner set forth herein or to take any action or perform any obligation required hereby within an allotted time period; or (ii) Tenant’s request or requirements for materials, finishes or installations other than Landlord’s Building Standard which results in a delay in substantially completing construction of the Landlord’s Work; or (iii) Tenant requested Change Orders; or (iv) The performance of any work in the Premises by Tenant or any by a temporary person, firm or corporation employed by Tenant (e.g., move-in, set up, testing, installation of telecommunications and voice data equipment which results in a delay in substantially completing construction of the Landlord’s Work (all such persons, firms or corporation being subject to the approval of Landlord); or (v) Tenant’s failure to pay Landlord any Tenant’s Expense at the time and in the manner required by this Work Letter; or (vi) Tenant’s failure to take any action in connection with obtaining a certificate of occupancy for the Premises that must be taken by Tenant (e.g., applications for certificate of occupancy). then, solely for purposes of determining the Commencement Date, the date of Substantial Completion shall be moved forward one day for each day of Tenant Delay. Each calendar day of any such delays will correspond to one day of Tenant Delay. When Landlord considers the Landlord’s Work in the Premises to be Substantially Completed, Landlord will notify Tenant and within three (3) business days thereafter. Landlord’s representative and Tenant’s representative shall conduct a walk-through of the Premises and identify any Punch-List Items. Neither Landlord’s representative nor Tenant’s representative shall unreasonably withhold his or her agreement on Punch-List items. Only one punch list will be prepared. Tenant agrees that upon Substantial Completion of the Landlord’s Work and upon delivery of possession of the Premises to Tenant, Tenant will (i) accept the Premises in its then existing condition, subject only to the Punch-List Items, and (ii) a final certificate execute and deliver to the Acceptance of occupancy, (iii) Tenant’s occupancy Premises Amendment in the form of the Premises for the conduct of Tenant’s business, that attached as set forth in Section 2.3 of Exhibit C to the Lease, or (iv) ; provided that the date that substantial completion would have occurred but for failure of Tenant to execute such agreement will not act to delay the occurrence of a Tenant Delaythe Commencement Date. Landlord shall use commercially reasonable efforts to give Tenant prior notice cause the General Contractor performing the Landlord’s Work to complete all Punch-List items within thirty (30) days after agreement thereon and Tenant’s execution of the date the Acceptance of Premises will be substantially complete. “Amendment (and subject to Tenant Delay” shall mean (i) a delay resulting from any direction by Tenant Delays and Force Majeure); provided, however, that Landlord suspend work or otherwise hold up construction of any portion of the Leasehold Improvements to the Premises because of a possible change to be initiated by Tenant or for any other reason directed by Tenant; (ii) delays which result directly or indirectly from Tenant’s requested changes in the Construction Drawings or Leasehold Improvements relating to the Premises; (iii) any delay caused by any “long-lead time” previously identified by Landlord, if possible, leasehold improvement item (e.g. millwork) which canshall not be fabricated, delivered obligated to the job, and completely installed within the same time frame as the remainder of the leasehold improvements shown on the Construction Drawings; (iv) any delay resulting from the performance by Tenant of the Tenant Work; or (v) any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) engage overtime labor in completing the Leasehold Improvements order to the Premisescomplete such items.

Substantial Completion Tenant Delay. Subject to the other terms and conditions of this Work Letter and the foregoing Amendment, Landlord will proceed diligently with the performance of the Work. The actual New Premises Effective Date will be governed by the foregoing Amendment. All work to be done in the New Premises, including, without limitation, the Work, will be subject to Landlord’s approval, and no work may be undertaken in the New Premises until such approval is given. The Work will be deemed substantially completed upon (i) completion of construction of the Work in substantial accordance with the Plans (excepting only such punch list items that will not materially adversely affect Tenant’s occupancy and use of the New Premises for their intended purpose) and (ii) if required by applicable law, Landlord’s receipt of a temporary or permanent certification or other authorization from the applicable governmental authority permitting occupancy of the New Premises, unless Tenant’s actions or omissions have caused such approvals to be denied, in which case Tenant will be deemed to have waived this condition. For purposes of this LeaseWork Letter, “substantially complete” each one or “substantial completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of (i) the issuance of a temporary certificate of occupancy, (ii) a final certificate of occupancy, (iii) Tenant’s occupancy more of the Premises for the conduct of Tenant’s business, as set forth in Section 2.3 of the Lease, or (iv) the date that substantial completion would have occurred but for the occurrence of following constitutes a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Premises will be substantially complete. “Tenant Delay” shall mean ”: a. Tenant’s failure to approve or disapprove (iwith stated reasons) a delay resulting from any direction by Tenant that Landlord suspend work the Proposed Architectural Plans within the required time, or otherwise hold up construction of any portion of the Leasehold Improvements Tenant’s proposing changes to the Premises because Architectural Plans that are inconsistent with or beyond the scope of a possible change to be initiated work called for by the Space Plan or information theretofore furnished by Tenant or for any other reason directed by Tenantits Space Planner to Landlord or the Architect; (ii) delays which result directly or indirectly from or b. Tenant’s requested changes in disapproval of cost estimates for the Construction Drawings Work; or c. Tenant’s request for materials, finishes or Leasehold Improvements relating to the Premises; (iii) any delay caused by any installations constituting “long-lead timeitems,” previously identified as reasonably determined by Landlord; provided, if possiblehowever, leasehold improvement item (e.g. millwork) which cannot be fabricated, delivered that Landlord shall inform Tenant of any items that require long-lead times upon receipt by Landlord of such information; or d. Tenant’s failure to the job, and completely installed respond within the same time frame as the remainder any of the leasehold improvements shown on the Construction Drawings; time periods specified herein, or Tenant’s failure to deposit (ivor delay in depositing) any delay resulting from sum Tenant is obligated to deposit with Landlord; or e. Tenant’s request for changes in the performance Work, or in the Plans (notwithstanding Landlord’s approval of any such changes) after Tenant’s preliminary approval thereof, including, without limitation, any changes in the Plans made at the request of Tenant upon Tenant’s receipt of the cost estimates in accordance with Paragraph 2; or f. Any other act or omission by Tenant of or its agents, including, without limitation, the Tenant Work; or (v) any other action or inaction of Tenant that Space Planner, which directly or indirectly delays Landlord (completion of the Work or Landlord’s contractor) in completing delivery to Tenant of possession of the Leasehold Improvements to the New Premises.