Common use of Tenant's Delay Clause in Contracts

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.

Appears in 1 contract

Sources: Lease Agreement (Tanning Technology Corp)

Tenant's Delay. As provided in Section 5C of the Lease, the Term of the The Lease (and therefore Tenant's obligation for the payment of Rent) Commencement Date shall not commence until Landlord has substantially completed all work to be performed by Landlord as set forth in paragraphs 2 the Base Building Improvements and 5 aboveTenant Finish Work; provided, however, that if Landlord is delayed in substantially completing such work the Base Building Improvements and Tenant Finish Work as a result of: (a) Tenant's failure to furnish information A. A Tenant Delay arising under Paragraph 2 or Paragraph 4, as described in accordance with paragraph 3each such Paragraph; (b) TenantB. Subject to the selected General Contractor's request for obligation to use reasonable efforts to timely procure, the unavailability of materials or installations as a part of the Tenant Improvements Finish Work that are other than Landlord's Building standard materials or installations; (c) C. Tenant's changes in any previously approved drawings, plans or specifications, including the Construction Drawings; (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) D. Any other act or omission of Tenant or Tenant's consultants or invitees; E. If other than the Building General Contractor is selected by Tenant, any delays in the Building construction resulting from said selected General Contractor's interference with or failure to coordinate with the identified Building construction schedule. (all each of which shall be deemed to be delays caused by Tenanta "Tenant Delay"), ; then the Lease Commencement Date shall only be extended pursuant to Section 5C(1) Paragraph 4B of the Lease until the date on which Landlord would have substantially completed the performance of such work the Tenant Finish 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 LeaseDelay.

Appears in 1 contract

Sources: Office Lease (Convergent Group Corp)