Common use of Tenant's Delay Clause in Contracts

Tenant's Delay. As provided in Section 10.2, the initial term of the Lease (and therefore Tenant's obligation for the payment of Rent according to Exhibit B) as it applies to the Expansion Premises will not commence until the Expansion Commencement Date; provided, however, that if Landlord is delayed in causing Landlord's Expansion Premises Work to be Substantially Completed as a result of: (a) any "Tenant's Delay" as described in Section 10.6 above; (b) any Change Order(s) or changes in any drawings, plans or specifications requested by Tenant; or (c) Tenant's failure to review or approve in a timely manner any item requiring Tenant's review or approval, then the Delivery Date will only be extended under Section 10.2 until the date on which Landlord would have Substantially Completed the performance of Landlord's Expansion Premises Work but for such delays. The aggregate Tenant delays described in this Section 10.11 will be reduced by the number of days deducted from the construction schedule on account of Change Orders requested by Tenant. As a condition to claiming a Tenant's Delay, Landlord will advise Tenant of the circumstances giving rise to the claim promptly after they arise and will advise Tenant of the cost that Tenant can pay at that time to effect any available remedy to eliminate such Tenant's Delay (such as, e.g., overtime work), and if Landlord fails to so advise Tenant of such Tenant's Delay within five (5) Business Days after the commencement of such Tenant's Delay, then the period commencing on the fifth (5th) Business Day following the commencement of such Tenant's Delay and continuing through the date on which Landlord so advises Tenant of such Tenant's Delay shall be disregarded for purposes of determining the total number of days of Tenant's Delay hereunder.

Tenant's Delay. As provided in Section 10.2, the initial term of the Lease (and therefore TenantIf Landlord's obligation for the payment of Rent according to Exhibit B) as it applies to the Expansion Premises will not commence until the Expansion Commencement Date; provided, however, that if Landlord is Contractor shall be delayed in causing Landlord's Expansion Premises Work to be Substantially Completed substantially completing the Base Building Improvements as a result of: (a) any "Tenant's Delay" as described in Section 10.6 abovefailure to timely approve the Tenant Improvement Working Drawings; (b) any Change Order(s) or changes in any drawings, plans or specifications requested by Tenant's revisions to the Approved Tenant Improvement Working Drawings which require modification to the Base Building Improvements; or (c) Tenant's failure to review or approve in a timely manner any item requiring interference with Landlord's Contractor's schedule through Tenant's review Work; (d) Change Orders; or approval, then the Delivery Date will only be extended under Section 10.2 until the date on which Landlord would have Substantially Completed the performance of (e) delays caused by Tenant in Landlord's Expansion Premises Work but for such delays. The aggregate Tenant delays described in this Section 10.11 will be reduced by construction (all of the number of days deducted from the construction schedule on account of Change Orders requested by Tenant. As a condition foregoing being referred to claiming a herein collectively as "Tenant's Delay, Landlord "); then the Premises will advise Tenant of the circumstances giving rise be deemed to the claim promptly after they arise have been Ready for Occupancy (and will advise Tenant of the cost that Tenant can pay at that time to effect any available remedy to eliminate such Tenant's obligation to pay Base Rent shall be accelerated) one day earlier for each day of Tenant Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay (such as, e.g., overtime work), and if Landlord fails by written notice to so advise Tenant of such Tenant's Delay within five (5) Business Days after business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as the estimated number of days that substantial completion will be delayed by such Tenant Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion caused by the event or conduct constituting Tenant's Delay, then which may exceed the period commencing on the fifth (5th) Business Day following the commencement duration of such Tenant's Delay and continuing through event or conduct due to the date on which necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord so advises shall notify Tenant of such Tenant's the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be disregarded for purposes of determining the total number of days of Tenant's Delay hereunderbinding Delivery Date between the parties with respect to the Lease.

Tenant's Delay. As provided If there shall be a delay in Section 10.2, the initial term occurrence of the Lease Commencement Date due to any of the following: (and therefore i) in the Substantial Completion of Landlord’s Work, or any portion thereof, due to any act or omission of Tenant's obligation for the , its contractors, subcontractors, architects, space designers, agents or employees, including, without limitation, delays in submission of information; (ii) delays in payment of Rent according to Exhibit B) as it applies to the Expansion Premises will not commence until the Expansion Commencement Date; provided, however, that if Landlord is delayed any costs and expenses in causing Landlord's Expansion Premises Work to be Substantially Completed as a result of: (a) any "Tenant's Delay" as described in Section 10.6 above; (b) any Change Order(s) or changes in any drawings, plans or specifications requested by Tenant; or (c) Tenant's failure to review or approve in a timely manner any item requiring Tenant's review or approval, then the Delivery Date will only be extended under Section 10.2 until the date on which Landlord would have Substantially Completed the performance excess of Landlord's Expansion Premises ’s Maximum Work but for such delays. The aggregate Tenant delays described as set forth in this Section 10.11 will be reduced by the number of days deducted from the construction schedule on account of Change Orders requested by Tenant. As a condition to claiming a Tenant's Delay, Landlord will advise Tenant of the circumstances giving rise to the claim promptly after they arise and will advise Tenant of the cost that Tenant can pay at that time to effect any available remedy to eliminate such Tenant's Delay Work Agreement for more than ten (such as, e.g., overtime work), and if Landlord fails to so advise Tenant of such Tenant's Delay within five (510) Business Days after demand therefor; (iii) delays beyond the commencement specified dates or allotted time periods in submission of the Plans or any revised plans to Landlord or giving authorizations or approvals in accordance with the time periods set forth above or delays resulting from the fact that, under good construction practice, portions of Landlord’s Work must be scheduled after the completion of certain items of Tenant’s Office Installations; (iv) resulting from Tenant’s request for Landlord to utilize non-Building Standard materials or products in Landlord’s Work, or to perform Additional Work; or (v) any event defined in Article 1 of the body of this Lease as a Tenant Delay (any of the foregoing being called a “Tenant’s Delay”) then the Premises shall be deemed Substantially Completed on the date the Premises would have been available but for the duration of any Tenant Delay, even though work to be done by Landlord has not been commenced or completed. The parties recognize that a Tenant’s Delay may be aggravated or extended by a strike, labor problem, materials or labor shortage, or loss of time due to construction scheduling changes occasioned by such Tenant’s Delay or other Unavoidable Delays, any or all of which would not have adversely affected the timely completion of Landlord’s Work in the absence of such Tenant's Delay’s Delay and agree that the duration of Tenant’s Delay should include all delays resulting from such other causes, then notwithstanding that as a result thereof, the period commencing on Tenant’s Delay in question may substantially exceed, in duration, the fifth (5th) Business Day following length of time during which the commencement act or omission of Tenant or Persons Within Tenant’s Control causing such Tenant's ’s Delay and continuing through the date on which Landlord so advises Tenant of such Tenant's Delay shall be disregarded for purposes of determining the total number of days of Tenant's Delay hereunder.may have occurred or continued. EXHIBIT C-1 LAYOUT PLAN (attached) SCHEDULE D CLEANING SERVICES

Tenant's Delay. As provided No delay in the completion of the Leased Premises resulting from delay or failure on the part of Tenant in furnishing information or other matters required in Exhibit C, and no delay resulting from any cause set forth in Section 10.27 of Exhibit C, shall delay the Rent Commencement Date and the commencement of Tenant’s obligation to pay Rent (as defined in Section 4.02 below) and the Expiration Date. If the Rent Commencement Date is prior to the completion of the work described in Exhibit C, due to Tenant delays, the initial term Commencement Date for the purpose of determining Tenant’s right to possession of the Lease (Leased Premises shall be the date that the work in the Leased Premises is deemed substantially complete. The Leased Premises shall be deemed to be substantially complete the day after inspection and therefore approval for occupancy for the intended use, whether permanent, conditional, or temporary, by the issuing municipality in North Carolina where the Leased Premises are located, provided the approval is subsequently evidenced by a certificate of occupancy, whether permanent, conditional, or temporary, issued by the municipality. The certificate of occupancy may be dated as of the date that it is actually processed by the municipality, rather than the date of the inspection and approval for occupancy. Tenant's obligation for ’s Possession. Except as specifically set forth in Exhibit C, Section 8, if, prior to the Commencement Date, Tenant shall enter into possession of all or any part of the Leased Premises, the Term, the payment of monthly installments of Base Rent according and all other obligations of Tenant to Exhibit B) as it applies be performed during the Term shall commence on, and the Commencement Date shall be deemed to be, the Expansion Premises will not commence until the Expansion Commencement Datedate of such entry; provided, however, that if Landlord is delayed in causing Landlord's Expansion Premises Work no such early entry shall operate to be Substantially Completed as a result of: (a) any "Tenant's Delay" as described in Section 10.6 above; (b) any Change Order(s) or changes in any drawings, plans or specifications requested by Tenant; or (c) Tenant's failure to review or approve in a timely manner any item requiring Tenant's review or approval, then change the Delivery Date will only be extended under Section 10.2 until the date on which Landlord would have Substantially Completed the performance of Landlord's Expansion Premises Work but for such delays. The aggregate Tenant delays described in this Section 10.11 will be reduced by the number of days deducted from the construction schedule on account of Change Orders requested by Tenant. As a condition to claiming a Tenant's Delay, Landlord will advise Tenant of the circumstances giving rise to the claim promptly after they arise and will advise Tenant of the cost that Tenant can pay at that time to effect any available remedy to eliminate such Tenant's Delay (such as, e.g., overtime work), and if Landlord fails to so advise Tenant of such Tenant's Delay within five (5) Business Days after the commencement of such Tenant's Delay, then the period commencing on the fifth (5th) Business Day following the commencement of such Tenant's Delay and continuing through the date on which Landlord so advises Tenant of such Tenant's Delay shall be disregarded for purposes of determining the total number of days of Tenant's Delay hereunderExpiration Date.