Tenant Delay

Tenant Delay. The term "Tenant Delay" means Lessee's failure to furnish the information and/or assistance as and when required of Lessee pursuant to the Lease, this EXHIBIT C, or the Addendum, and including without limitation Lessee's failure to render Lessee's approval or disapproval, or Lessee's or Lessee's agents failure to make submissions to Lessor, within the time limits specified in this EXHIBIT C; or Lessee's changes in Plans and/or Final Plans following approval by Lessor and Lessee of the... foregoing; or Lessee's interference with the construction process; or delays caused by Lessee's agents, including without limitation Lessee's contractors and subcontractors; or delays resulting from building code .requirements due to any special requirements of Lessee and/or the requirement for material or labor that is not readily available, if Lessee fails to make alternative arrangements to comply with such requirements or select other material or labor that is readily available within three (3) business days following Lessor's notice. Any incremental costs to Lessor associated with any Tenant Delay will be passed on to and shall be borne solely by Lessee. Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless and until Lessor has provided written notice to Lessee specifying the action or inaction that Lessor contends constitutes Tenant Delay. If such action or inaction is not cured within one (1) business day after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice is received or deemed received and continuing for the number of business days the completion of Lessor's Shell and Core Work was in fact delayed as a direct result of such action or inaction. View More

Tenant Delay. Any of the following types of delay in the completion of construction of the Base Building Work: (i) Any delay resulting from Tenant's failure to furnish, in a timely manner, information requested by Landlord or by the Architect or General Contractor for Base Building Work in connection with the design or construction of the Base Building Work, or from Tenant's failure to approve in a timely manner any matters requiring approval by Tenant; (ii) Any delay... resulting from Change Orders, including any delay resulting from the need to revise any drawings or obtain further governmental approvals as a result of any Change Order; or (iii) Any material delay of any other kind or nature caused by Tenant (or Tenant's contractors, agents or employees). View More

Tenant Delay. Shall include any delay in the Substantial Completion of the Tenant Improvements attributable to, without limitation, any of the following: (i) the wrongful or negligent acts or failures to act, of Tenant or its agents or employees; (ii) any Change Order; (iii) Tenant's failure to timely submit any items required hereunder or any mutually-agreed schedule, including, without limitation, information, authorizations or approvals, or deposit of additional Tenant Deposit moneys; (iv) the time needed... by Landlord to review, approve and construct Change Orders; and (v) Tenant's failure to comply with any other provision of this Lease. View More

Tenant Delay. Any of the following items, in addition to any other items described as a "Tenant Delay" in the Work Agreement attached hereto as Exhibit "D", which results in an actual delay to the Substantial Completion of the Tenant Improvements: (i) Any delay on the part of Tenant to the Design and Construction Timeline attached hereto as Exhibit "D; (ii) Tenant's request for any additional Tenant Improvements beyond that initially contemplated by the plans attached hereto as Exhibit "D"; (iii) changes in... the Tenant Improvements work requested by Tenant; (iv) any other delay of any kind or nature to the extent caused by Tenant or its agents. In the event Substantial Completion of the Tenant Improvements is actually delayed as a result of one or more Tenant Delay(s), then the Commencement Date shall be April 1, 2005. View More

Tenant Delay. The number of days Substantial Completion is delayed as a result of (i) Tenant's failure to meet any dates established in the Lease or this Exhibit, (ii) any changes to the Finish Work requested to be made by Tenant (and approved by Landlord), (iii) Tenant's failure to sufficiently respond to any of Landlord's inquiries or demands, (iv) any breach by Tenant of its obligations under the Lease, including without limitation, the failure to comply with this Exhibit, and (v) any other delay or... delays caused by Tenant or Tenant's engineers, architects, consultants, employees, agents, contractors and subcontractors. View More

Tenant Delay. Any delay in the performance of Landlord's Work to the extent that such delay is: (i) caused by Tenant's failure to timely comply with the Time Line for Tenant Design and Construction set forth in Schedule B-1; or (ii) due to special work (i.e., long-lead items of which Landlord or Contractor advises Tenant in writing at the time that Landlord approves Tenant's plans); or (iii) due to changes, alterations or additions required or made by Tenant in the layout or finish of the Replacement... Premises or any part thereof as reflected in the Initial Plan and Budget or after Landlord approves the Landlord's Work Plans; or (iv) caused by delay and/or default on the part of Tenant or its contractors including, without limitation, the utility companies and other entities furnishing communications, data processing or other service or equipment; or (v) caused by Tenant or any representative of Tenant in taking any action, or in failing to take any action which Tenant is required to take (including, without limitation, failing to timely respond within the time periods set forth in this Exhibit or unreasonably withholding any approval required of Tenant under this Exhibit). If no time period is specified in Schedule B-1 9 or elsewhere in this Exhibit for any action which must be taken by Tenant in connection with the approval of the Plans or the performance of the Tenant Work, Tenant shall be required to take such action within five (5) business days after Tenant receives a written request to take such action. If Landlord has complied, as appropriate, with its obligations under Sections 4 and 5 of this Exhibit and Tenant fails to give Landlord a written and unconditional authorization to proceed with the Landlord's Work on or before the date such approval is required hereby, then each day until the date that Tenant gives Landlord such authorization to proceed shall be deemed to be a day that Landlord is actually delayed as the result of a Tenant Delay. View More

Tenant Delay. Any verifiable act or omission by Tenant, or a Tenant Party that proximately results in a delay hereunder. (as reasonably documented by Landlord).