Tenant's Delay Sample Clauses
The Tenant’s Delay clause defines the consequences and procedures when a tenant causes delays in a project or contractual timeline. Typically, this clause outlines what constitutes a tenant-caused delay, such as failing to provide necessary approvals, information, or access to the premises, and may specify remedies like extensions of time for the landlord or contractor, or the tenant’s liability for additional costs incurred. Its core practical function is to allocate responsibility for delays attributable to the tenant, ensuring that the landlord or service provider is not unfairly penalized for setbacks outside their control.
Tenant's Delay. (a) Any delay that shall occur in the Substantial Completion Date as the result of the following shall be a Tenant's Delay:
(i) any request by Tenant that Landlord delay in the commencement or completion of Landlord's Initial Construction for any reason;
(ii) any change made or requested by Tenant in any of Tenant’s Plans;
(iii) any special requirements of Tenant not in conformity with Tenant’s Plans;
(iv) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or
(v) any reasonably necessary rescheduling of the sequence of any of Landlord's Initial Construction due to any of the causes for delay referred to in clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 3.
(b) If any delay in the Substantial Completion Date is the result of Force Majeure, and such delay would not have occurred but for any of Tenant's Delays described in paragraph (a) of this Section 3, such delay shall be deemed added to Tenant's Delays described in that paragraph.
(c) In addition to Landlord's other rights and remedies under prevailing circumstances, the Term Commencement Date shall automatically be extended for the period of any delays caused by Tenant's Delay(s) or Force Majeure, but the number of days of the Initial Fixed Rent Waiver Period to which Tenant is entitled under Section 1.1 of the Lease shall be reduced by the number of days the Term Commencement Date is delayed as a result of a Tenant’s Delay.
(d) If, as a result of Tenant's Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall not be required to) at any time thereafter terminate this Lease by giving written notice of such termination to Tenant, and thereupon this Lease shall EAST\66392481.7 B-5 forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Initial Construction, plus an amount equal to Landlord's out‑of‑pocket expenses incurred in connection with this Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 3, through the effective termination date.
Tenant's Delay. If Substantial Completion shall be delayed as a result of any of the following causes, such delay shall be considered a “Tenant Delay”:
(a) Tenant’s failure to submit the Working Drawings to Landlord on or before the date set forth in Paragraph 21, unless Landlord fails to provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5;
(b) Tenant’s failure to obtain any required permits to allow construction of the TI Work;
(c) Changes in the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord’s changes to the Base Building Plans under Paragraph 7 above or are required for receipt of permits;
(d) Any delays in starting construction due to Tenant’s disapproval of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid under Paragraph 10(c) above;
(e) Tenant’s request for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtain, install or complete; or
(f) Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule. Landlord shall notify Tenant promptly after learning of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and notwithstanding any provision to the contrary contained in the Lease, if the Lease Commencement Date is delayed due to Tenant Delay, the Lease Commencement Date shall be the date when the Lease Commencement Date would have occurred if there had been no Tenant Delay. Tenant acknowledges that the length of any Tenant Delay is to be measured by the duration of the delay in the occurrence of the event in question caused by the event or condu...
Tenant's Delay. For purposes hereof, a “Tenant’s Delay” shall include the following: (i) Tenant’s failure to submit the Space Plan or approve the Working Drawings within the periods specified in Section 2. above, (ii) Tenant’s changes to the Space Plan or the Final Plans after Tenant’s initial approval thereof, (iii) an failure by Tenant to pay Construction Costs in excess of the Tenant Improvement Allowance, (iv) any work performed by Tenant in the Premises, or (v) any other delay to the extent requested or caused by Tenant.
Tenant's Delay. As provided in Section 5C of the Lease, the Term of the Lease (and therefore Tenant's obligation for the payment of Rent) shall not commence until Landlord has substantially completed all work to be performed by Landlord as set forth in paragraphs 2 and 5 above; provided, however, that if Landlord is delayed in substantially completing such work as a result of:
(a) Tenant's failure to furnish information in accordance with paragraph 3;
(b) Tenant's request for materials or installations as a part of the Tenant Improvements that are other than Landlord's Building standard materials or installations;
(c) Tenant's changes in any drawings, plans or specifications;
(d) The performance of any Additional Tenant Work or any failure to complete or delay in completion of such work; or delay in (d) The performance of any Additional Tenant Work or any failure to complete or completion of such work; or
(e) Any other act or omission of Tenant (all of which shall be deemed to be delays caused by Tenant), then the Commencement Date shall only be extended pursuant to Section 5C(1) of the Lease until the date on which Landlord would have substantially completed the performance of such work but for such delays. Postponement of the commencement of the Term shall be in full settlement of all claims that Tenant might otherwise have against Landlord by reason of the Premises not being ready for occupancy by Tenant as of the originally scheduled Commencement Date set forth in Section 1A(1) of the Lease.
Tenant's Delay. If construction of the Expansion Tenant -------------- Improvements is delayed or postponed by any delay caused by Tenant ("Tenant's Delay"), the Expansion Commencement Date shall be adjusted in accordance with the provisions of Paragraph 23.2(b) (2) above by the actual number of days by which Landlord's substantial completion of the Expansion Tenant Improvements is delayed due to Tenant's Delay.
Tenant's Delay. The Developer shall give notice to the Tenant certifying the dates on which the Base Building Works Practical Completion Certificate would have been issued but for Tenant's Delay taking into account all periods of Tenant's Delay and all extensions of time already agreed or determined in respect of Tenant's Delay pursuant to Clause 5.4.3 and the other provisions of this Agreement each applied in accordance with the definition of Tenant's Delay ("Delay Notice"). In the event that the Tenant disputes the date referred to in such certificate within six (6) Working Days (failing which the Tenant shall be deemed to have accepted the relevant Delay Notice which shall be final and binding for the purposes of this Agreement) the matter shall be referred to an Independent Person acting as an expert in accordance with Clause 30.5. If the Independent Person determines that the Tenant's Delay Notice is incorrect then he shall certify the date upon which he considers the Base Building Works Practical Completion Certificate would have been issued but for Tenant's Delay taking account of all extensions of time already agreed or determined in respect of ▇▇▇▇▇▇'s Delay pursuant to Clause 5.4.3 and the other provisions of this Agreement
Tenant's Delay. (a) Any delay that shall occur in Landlord's performance of Landlord's Work as the result of any of the following matters shall be deemed a 'Tenant's Delay': (i) any request by the Tenant that the Landlord delay in the commencement or completion of Landlord's Work for any reason;
Tenant's Delay. As used herein, -------------------------------------- "SUBSTANTIAL COMPLETION" or "SUBSTANTIALLY COMPLETE" shall mean that the improvements to the Premises have been completed in accordance with the Final Plans, even though minor details, adjustments or punch list items that do not materially interfere with Tenant's use or occupancy of the Premises for normal business operations may remain to be completed. As used herein, "TENANT'S DELAY" means any delay in substantial completion of the Tenant Improvement Work due to (i) Tenant's failure to approve the Working Drawings within the time frame allotted, (ii) Tenant's changes to the Space Plan or the Final Plans after Tenant's initial approval thereof, (iii) any failure by Tenant to pay the Excess Construction Costs within the time periods specified herein, (iv) any work performed by Tenant in the Premises which interferes with the progress or completion of the Tenant Improvement Work in any material way, or (v) any other delay to the extent requested or caused by Tenant.
Tenant's Delay. Except as expressly provided herein, the term "Tenant's Delay" means any failure by Tenant to take possession of the Premises by the required date other than due to (i) Landlord's Delay, or (ii) a Force Majeure Event, or any combination of (i) and (ii) above.
Tenant's Delay. If the Developer’s Works or any part or item of the Developer’s Works are or is delayed as a result of and properly attributable to the Tenant carrying out the Tenant’s Works then any such delay shall be deemed a Tenant’s Delay