Common use of Tenant Delay Clause in Contracts

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means any actual delay in Substantial Completion as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); (iii) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (iv) Tenant or any Tenant Agent interferes with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation of Tenant’s Equipment; or (v) any other delay solely caused by Tenant or any Tenant Agent.

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means any actual delay that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s ’ s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s’ s, including any Approved Changes, notwithstanding Landlord’s approval of such changes (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes)changes; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations; (iv) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (ivv) Tenant or any Tenant Agent interferes its contractors interfere with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s 's installation of Tenant’s ’ s Equipment; or (vvi) any other delay solely Tenant-caused by Tenant or any Tenant Agentdelay.

Tenant Delay. In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means any actual delay in Substantial Completion as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); (iii) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (iv) Tenant or any Tenant Agent interferes with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation of Tenant’s Equipment; or (v) any other delay to the extent caused solely caused by Tenant or any Tenant Agent.

Tenant Delay. In For the event purposes of Tenant Delaythis Work Letter and the Lease, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means any actual delay in any of (a) Substantial Completion as a result of the Landlord’s Work, or (b) achievement of the Required Delivery Condition, or (c) achievement any of the followingmilestones listed in Paragraph 2.8 of the Lease, in each of cases (a) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, resulting from either: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s failure to comply fulfill its obligation with any of respect to provide either documents or approvals within the deadlines time periods specified in this Exhibit; therefor herein, (ii) Tenant changes the CD’sany change orders requested by Tenant, including any Approved Changes, notwithstanding Landlord’s approval of such changes (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); (iii) delays caused by any governmental an act or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space omission of other comparable buildings in the market in which the Building is located; (iv) Tenant or any Tenant Agent Parties which interferes with the work progress of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation construction of Tenant’s Equipment; or (v) any other delay solely caused by Tenant or the Building. In the event of any Tenant AgentDelay the date upon which Substantial Completion of the Landlord’s Work, completion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any changes to the Warm Shell Components requested by Tenant, Landlord hereby notifies Tenant that such request will result in a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence.

Tenant Delay. In Any of the event following types of delay in the completion of construction of Tenant DelayImprovements (but in each instance, Substantial Completion shall be deemed only to the extent that any of the following has actually and proximately caused substantial completion of Tenant Improvements to be delayed): (i) Any delay resulting from Tenant’s failure to furnish, in a timely manner, information reasonably requested by Landlord or by Landlord’s Project Manager in connection with the date Substantial Completion would have occurred but for design or construction of Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime workImprovements, or otherwise take from Tenant’s failure to approve in a timely manner any action matters requiring approval by Tenant; (ii) Any delay resulting from Tenant Change Requests initiated by Tenant, including any delay resulting from the need to compensate for revise any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. “Tenant Delay” means any actual delay in Substantial Completion drawings or obtain further governmental approvals as a result of any of the following: (i) such Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); Change Request; (iii) delays Any delay caused by any governmental Tenant (or quasi-governmental authorities arising from Tenant’s contractors, agents or employees) materially interfering with the Leasehold Improvements being designed to include items or improvements not typically found in office space performance of other comparable buildings in the market in which the Building is locatedTenant Improvements, provided that Landlord shall have given Tenant prompt notice of such material interference; or (iv) Tenant or any Tenant Agent interferes with Any delay caused by the work of Landlord or requirement that the General Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation install equipment on behalf of Tenant’s Equipment; , which equipment is not a part of the Tenant Improvements. A Tenant Delay as set forth in items (i), (ii), (iii), and (iv), or (v) any other delay solely caused by as otherwise defined in this Workletter, shall not be deemed to have commenced until such time as Landlord has delivered written notice to Tenant or any specifying the circumstances that constitute a Tenant AgentDelay.

Tenant Delay. In As used herein and in the event of Tenant DelayLease, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. Tenant shall reimburse Landlord for any incremental costs in labor, materials, and supplies incurred due to Tenant Delay. term “Tenant Delay” means means: (i) Tenant’s failure to prepare or submit Tenant’s Preliminary Plans, Tenant’s Final Plans or any actual other plans, specifications and information within the time periods specified in this Agreement; (ii) Tenant’s failure to apply for, or furnish to Landlord, permits and approvals or to do any other act within the time periods specified in this Agreement; (iii) any delay caused by Tenant’s or Tenant’s agents, employees or contractors (including, without limitation, Tenant’s architect) providing Landlord or the Contractor with incomplete or inaccurate information; (iv) any delay caused by the inclusion in the Tenant Improvements of any materials, equipment, fixtures or other items with “long lead times” (including any items that are rare or not readily available, and any custom fabricated items); (v) any delay caused by any change, addition or alteration in or to Tenant’s Final Plans after they have been approved by Landlord; and/or (vi) any other delay requested or caused by Tenant, including, without limitation, any delay in Substantial Completion the Tenant Improvements caused by Tenant’s Work or Tenant’s contractors. Tenant shall be responsible for all Tenant Delay and shall pay to Landlord any and all costs and expenses incurred by Landlord as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes (provided Landlord notified Tenant in writing of the anticipated period of Tenant Delay and Tenant thereafter elects to proceed with such Approved Changes); (iii) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in office space of other comparable buildings in the market in which the Building is located; (iv) Tenant or any Tenant Agent interferes with the work of Landlord or Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation of Tenant’s Equipment; or (v) any other delay solely caused by Tenant or any Tenant AgentDelay.