Example ContractsClausesDelay of the Substantial Completion of the Premises
Delay of the Substantial Completion of the Premises
Delay of the Substantial Completion of the Premises contract clause examples

Delay of the Substantial Completion of the Premises. If there shall be a delay or there are delays in the Substantial Completion of the Premises as a result of any of the following (collectively, "Tenant Delays"):

Delay of the Substantial Completion of the Premises. Except as provided in this Section 2.2, the Commencement Date shall occur as set forth in Paragraph 3 and 54 of this Lease. If there shall be a delay or there are delays in the Substantial Completion of the Premises or in the occurrence of any of the other conditions precedent to the Commencement Date, as set forth in Paragraph 3 of this Lease, as a direct, indirect, partial, or total result of:

Delay of the Substantial Completion of the Premises. Except as provided in this Section 5.2, the Lease Commencement Date shall occur as set forth in the Lease and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Improvements or in the occurrence of any of the other conditions precedent to the Lease Commencement Date, as set forth in the Lease, as a direct, indirect, partial, or total result of:

Delay of the Substantial Completion of the Premises. If there are delays in the Substantial Completion of the Tenant Improvements as a direct, indirect, partial, or total result of a Tenant Delay (defined in Section 5.4 below), then, Landlord shall provide written notice to Tenant setting forth the Tenant Delay, and notwithstanding anything to the contrary set forth in the Lease or this Work Letter and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements would have occurred if no Tenant Delay had occurred.

Delay of the Substantial Completion of the Permanent Premises. Except as provided in this Section 5.2, the Rent Commencement Date shall occur as set forth in the Lease and Section 5.1 above. Each of the following shall constitute a “Tenant Delay” to the extent such matter actually causes a delay in Substantial Completion and cannot reasonably be avoided without additional cost:

Substantial Completion of the Improvements. For purposes of this Lease, "Substantial Completion" of the Improvements shall occur upon # the completion of construction of the Improvements in accordance with the Approved Working Drawings and in

Delay in Substantial Completion. If Landlord shall be unable to Substantially Complete and deliver possession of the Replacement Premises on or before the Replacement Premises Target Delivery Date by reason of the fact that work required to be done by Landlord hereunder has not been Substantially Completed by that date, Landlord shall not be subject to any penalty, claim or liability nor shall the validity of this Lease or the obligations of Tenant hereunder be in any way affected except as provided in this Section below, and in no event to the extent such delay results from any of the following reasons: # “Force Majeure” or any cause beyond the control of Landlord or its general contractor or subcontractors (a “Force Majeure Delay”), or # delay (a “Tenant Delay”) resulting from: # Tenant’s failure to comply with any of the delivery dates or approval dates contained in this Article 3 relative to the design, planning, selection of finishes and pricing for the Replacement Premises Leasehold Improvements, # Tenant's failure to approve the Replacement Premises Final Plans on or before the Replacement Premises Final Plan Approval Date, # Tenant’s failure to provide response to requests for information, approvals or disapprovals regarding Replacement Premises Leasehold Improvements within the time periods established in this Article 3 (or if not so stated, then within two (2) business days after request by Landlord or its contractors),(iv) Tenant’s requests for changes in the Replacement Premises Concept Plan or the Replacement Premises Approved Plans, or for the inclusion of materials or installations in the construction of the Replacement Premises Leasehold Improvements other than building standard items or items with delivery requirements that may have the effect of delaying the Substantial Completion of the Replacement Premises Leasehold Improvements beyond the Target Delivery Date (“Specialty Work”), or # any acts, omissions, non-payment, defaults or misconduct of Tenant (or its agents, employees, design professionals, contractors, licensees or invitees)with respect to the construction of the Replacement Premises Leasehold Improvements. As used in the Lease, the term “Force Majeure” shall mean casualty, acts of God or the elements, inability to obtain materials or services, labor disputes or strikes, delays by governmental departments issuing permits, governmental regulations or controls, civil commotion, war or similar events.

Substantial Completion of the Tenant Improvements. Subject to Excusable Delays, Landlord shall use commercially reasonable efforts to cause the Substantial Completion of the Tenant Improvements (as defined below) to occur by September 30, 2022 (theScheduled TI Substantial Completion Date”). As used in this Section 4, “Substantial Completion of the Tenant Improvements” (or any variation or derivation thereof) shall mean that Landlord has delivered to Tenant # physical possession of, and access to, the Premises, which shall comply with all Applicable Laws, # a certificate of Tenant’s Design Professional certifying that the Tenant Improvements have been substantially completed in accordance with the Final TI Construction Documents and all Applicable Laws, subject only to incomplete items which do not adversely affect in a material way or materially interfere with Tenant’s use and occupancy of the Premises for the Permitted Use, which incomplete items shall be set forth on the Tenant Improvements Punch List (as defined below), and # a temporary or permanent certificate of occupancy for Tenant’s use and occupancy of the Premises for the Permitted Use has been issued by the Governmental Agency. Tenant agrees to cooperate reasonably, at no material cost to Tenant, with Landlord in Landlord’s efforts to obtain the certificate of occupancy and agrees, to the extent any ongoing or incomplete approved Tenant Fixturing (not the Tenant Improvements) could negatively impact Landlord’s ability to obtain a certificate of occupancy for the Tenant Improvements, to suspend all such Tenant Fixturing and (to the extent safe, practicable and in accordance with Applicable Law) cause same not to appear to be in an “in process” condition on any day on which a physical inspection of the Premises is undertaken for issuance of such certificate of occupancy, provided Tenant receives reasonable advance notice thereof. The date that Substantial Completion of the Tenant Improvements actually occurs is referred to as theTI Substantial Completion Date.” The date on which both the Base Building Work Substantial Completion Date and the TI Substantial Completion Date are achieved and possession of the Premises is delivered to Tenant is referred to as theLandlord Work Substantial Completion Date.”

Substantial Completion. “Substantial Completion” shall be the date that # Landlord completes construction of Landlord’s First Floor Expansion Premises TI Work substantially in accordance with the Approved Construction Documents, other than minor work which does not materially affect Tenant’s use of, or access to, the First Floor Expansion Premises, # the First Floor Expansion Premises and those portions of the Common Areas of the Building which affect Tenant’s occupancy of the First Floor Expansion Premises are in conformance with all applicable Laws, # all structural elements and subsystems of the Building which serve the First Floor Expansion Premises, including but not limited to HVAC, mechanical, electrical, lighting, plumbing, and life safety systems, are in good working condition and repair, # Landlord has delivered to Tenant a certificate of substantial completion from the Architect stating that the Landlord’s First Floor Expansion Premises TI Work is substantially complete, and # all governmental inspections of Landlord’s First Floor Expansion Premises TI Work which are required in order for Tenant to be permitted to lawfully occupy the First Floor Expansion Premises have been completed.

Substantial Completion. With respect to each Property that is not a Completed Property, the applicable Seller shall or shall cause its respective Company to diligently pursue in good faith and obtain Substantial Completion of all Improvements to be constructed by the “lessor” pursuant to the requirements of the applicable Government Lease as soon as is reasonably practicable following the Effective Date. Promptly following the date of Substantial Completion, and in no event later than five (5) days following such date of Substantial Completion, each Seller shall or shall cause its respective Company to: # deliver to the Purchaser and the Title Company all of the items set forth on [Schedule 6.5(d)] attached hereto and made a part hereof, and # deliver to Purchaser a certificate of substantial completion issued by such Seller’s or its respective Company’s architect in the form of AIA Form G704, certifying that the applicable Improvements have been substantially completed in accordance with the plans therefor, subject only to the completion of minor punch list items; and # shall deliver to Purchaser a temporary or permanent (if temporary, the applicable Seller shall obtain and deliver a permanent prior to the expiration of the temporary, which obligation shall survive the applicable Closing) certificate of occupancy (or equivalent) issued by the applicable governmental authority for the applicable Improvements (each, a “Certificate of Occupancy”).

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