Tenant Delay shall mean any act or omission by Tenant and/or Tenants agents, employees or contractors (collectively with Tenant, the Tenant Parties) which causes an actual delay in the performance of Landlords Work. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenants failure timely to act within on or before a date or time period expressly set forth in the Lease (in which event no Tenant Delay Notice shall be required): (x) in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the Tenant Delay Notice) advising Tenant (a) that a Tenant Delay is occurring, and (b) of the basis on which Landlord has determined that a Tenant Delay is occurring, and (y) no period of time prior to the time that Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice.
Any such delay in the completion of Landlords Work caused by a Change, including any suspension of Landlords Work while any such Change is being evaluated and/or designed, shall be Tenant Delay.
Notwithstanding any approval or disapproval by Tenant of any estimate of the delay caused by such proposed Change, the TI Architects determination of the amount of Tenant Delay in connection with such Change shall be final and binding on Landlord and Tenant.
In such event, the Schedule of Responsibilities shall be revised to reflect a delay in Substantial Completion, but such delay shall be neither a Landlord Delay nor a Tenant Delay.
In the event of any changes requested by Tenant to the Working Drawings, which changes constitute changes to Tenant's previous instructions specified in the Space Plan, any delays caused by such changes shall be a Tenant Delay and any redesign costs or costs for additional labor and/or materials shall be a Tenant Cost.
If any delay is the result of a Tenant Delay, the Commencement Date and the payment of rent under this Lease shall be accelerated by the number of days of such Tenant Delay.