Common use of Tenant Delay Clause in Contracts

Tenant Delay. If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Expansion Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of such Tenant Delay, Tenant shall not be responsible for any such Tenant Delay with respect to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant Delay.

Tenant Delay. If Tenant shall use its best efforts to cooperate with Landlord, the substantial completion Architect, the Contractor, and Landlord’s other consultants to complete all phases of the Plans, approve the Construction Pricing Proposal and obtain the Permits as soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Completion Date Proposal pursuant to occur by Section 2.6.1 above on or before Tenant’s Pricing Approval Deadline, or any failure of Tenant to approve the Pricing Due DateArchitectural Drawings pursuant to Section 2.5 above on or before Tenant’s Architectural Approval Deadline; (b) Tenant’s any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (cd) any breach by Tenant of this Expansion Work Letter or the this Lease; (de) any change (request by Tenant for a revision to, or Tenantfor Landlord’s request for approval of a revision to, any change) in portion of the Approved Construction Drawings Plans that has previously been approved by both parties (except to the extent that such delay results from any a failure of Landlord to comply with perform its obligations under Section 3.3.3 2.7 or 3.2.2 above, and except to the extent that (i) Tenant makes such request after approving the Construction Pricing Proposal and before approving the Architectural Drawings, and (ii) such request is reasonably designed solely to eliminate or reduce any increase in the Construction Pricing Proposal resulting from the preparation of the Architectural Drawings); (ef) Tenant’s any requirement of Tenant for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion Substantial Completion of the Tenant Improvement Work as set forth in this AgreementLease; (fg) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (gh) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the any contrary in provision of this Agreement or this Expansion Work LetterLease, and regardless of when the Tenant Improvement Work is actually substantially completedSubstantially Completed, the Tenant Improvement Work shall be deemed to be substantially completed Substantially Completed on the date on which the Tenant Improvement Work would have been substantially completed Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of such Tenant Delay, Tenant shall not be responsible for any such required to tender possession of the Premises to Tenant Delay with respect before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant Delaypreceding sentence.

Tenant Delay. If the substantial completion of the Tenant Improvement Work Improvements, Warm Shell Improvements or Base Building is delayed (a “Tenant Delay”) as a result of (a) due to any failure of the Pricing Completion following (collectively, "Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicable, shall be adjusted to occur by reflect what the Pricing Due Date; substantial completion date would have been if there had been no delay: (bi) Tenant’s 's failure to timely approve submit any matter requiring items required by this Work Letter, including, without limitation, Tenant’s approval's Plans; (cii) any breach by Tenant of this Expansion Work Letter or the LeaseModifications; (diii) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any 's failure of Landlord to comply with its obligations under Section 3.3.3 above)Landlord's contractor's schedule; (eiv) Tenant’s requirement 's or Tenant's Contractor's failure to comply with Paragraph 8, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request for materials, components, finishes or improvements that are not available installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in a commercially reasonable time given the anticipated date of substantial completion construction of the Warm Shell Improvements or the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction DrawingsImprovements; or (gviii) any other act or omission event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant or any at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of its agentscausing a Tenant Delay, employees or representativesand if Tenant takes appropriate measures to prevent such delay within such five (5) day period, then, notwithstanding anything no adjustment to the contrary in this Agreement Delivery Date or this Expansion Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work Commencement Date shall be deemed to be substantially completed made on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew account of such Tenant Delay; provided, Tenant however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall not be responsible for any changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period (including, without limitation, any delay in delivery of Tenant's space plan or Working Drawings or non-compliance with Landlord's contractor's schedule), or from schedule changes resulting from Tenant Modifications of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the period of time commencing 3 days after the date when Landlord knew that such construction process, are more likely to be foreseeable by Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant Delaythan by Landlord.

Tenant Delay. If A “Tenant Delay” shall mean any delay in the substantial completion performance of the construction of the Tenant Improvement Work is delayed (a “Tenant Delay”) Improvements as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (bi) Tenant’s failure to timely approve any matter requiring Tenant’s approval; the Plans, (cii) any breach request by Tenant of this Expansion Work Letter or that Landlord perform any work in addition to the Lease; Tenant Improvements which might reasonably cause a delay in Landlord’s construction schedule, (diii) any change Change Order that will impact Landlord’s construction schedule, (or Tenant’s request for iv) the selection of any change) long lead items by Tenant which will cause a delay in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; Improvements, (fv) the performance or failure of performance of any change work by any person, firm or corporation employed or retained by Tenant, (vi) the failure of Tenant to perform any obligations required to be performed by Tenant to obtain a certificate of occupancy (e.g. the baseinstallation of Tenant’s furniture systems, shell wiring or core of the Premises or Building required by the Approved Construction Drawings; cabling, etc.), or (gvi) any other act action by Tenant which materially impairs or omission delays performance of any work by Landlord. Tenant shall not cause or any affect a Tenant Delay or do anything else, or fail to do anything else, that may cause a delay in the completion of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Expansion Work Letter, and regardless construction of when the Tenant Improvement Work is actually substantially completedImprovements or that will increase the costs of such construction, except as allowed under §10(b) above. In the event Tenant fails to cooperate or comply with this section and such failure results in a delay of completion of the construction of the Tenant Improvement Work Improvements by Landlord (in Landlord’s reasonable judgment), Tenant shall be deemed responsible to be substantially completed on the date on which the Tenant Improvement Work Landlord for all Rent that would have been substantially completed if no such due from Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of under this lease but for such Tenant Delay, . Landlord and Tenant shall not be responsible for any such acknowledge and agree that Landlord’s damages as a result of a Tenant Delay with respect is difficult to the period of time commencing 3 days after the date when Landlord knew ascertain, that such Tenant Delay existed per diem amounts are a reasonable pre-estimate of Landlord’s probable loss as a result thereof and ending on the date that Landlord notified Tenant of such Tenant Delaydamages constitute reasonable liquidated damages for Landlord’s loss and not a penalty.

Tenant Delay. If the substantial completion The term “Tenant Delay” shall mean each day that Substantial Completion of the Tenant Improvement Landlord’s Work is delayed (a “Tenant Delay”) as a result by any of the following: (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve respond, within the time periods prescribed by Landlord (or, if no time period is so prescribed, within five (5) days), to a request for information necessary for the completion of the Space Plan or the Construction Drawings; or (b) failure for any matter requiring Tenant’s approvalreason, other than unreasonable delays attributable to Landlord, to develop the Approved Space Plan or the Approved Construction Drawings by the dates prescribed herein; or (c) any breach Tenant’s failure to execute and deliver the T.E.A. by the date required in Section 2.02(b) above; or (d) Tenant’s failure to pay the Rent as required in the Lease; or (e) Tenant’s failure to pay Tenant’s Construction Costs Deposit by the date required in Section 4.01(b)(i) above; or (f) changes by Tenant in the Approved Construction Drawings or Change Orders which actually cause delays in the completion of Landlord’s Work; or (g) requirements by Tenant for materials, finishes or installations which are not Building Standard, including but not limited to any delays caused by failure to obtain or to receive delivery or installation of any such Non-Building Standard materials in a timely manner, but only to the extent that Landlord informed Tenant that such requirements were likely to result in a delay; or (h) any interference by Tenant with the performance of Landlord’s Work; or (i) delay by Tenant in delivering to Landlord an executed, revised T.E.A. and paying to Landlord any addition to Tenant’s Construction Costs Deposit required by a Change Order; or (j) any other cause which is defined as a Tenant Delay under this Expansion Work Letter or the Lease; or (dk) any change intentionally omitted; or (or Tenant’s request for any changel) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change changes to the base, shell or and core of the Premises or Building required by the Approved Construction Drawings, but only to the extent that Landlord informed Tenant that such changes were likely to result in a delay; or (gm) if a Certificate of Occupancy (temporary or final), is required in order to achieve Substantial Completion of Landlord’s Work, any refusal by the appropriate governmental authority to issue such Certificate of Occupancy due to Tenant’s failure to install, or delay in installing, any furniture or equipment that Landlord is not required to install as part of Landlord’s Work; or (n) any other act acts or omission omissions of Tenant Tenant, or any of its agents, employees or representativesemployees. The date that Substantial Completion actually occurs will be accelerated for all purposes of this Lease (including, thenwithout limitation, notwithstanding anything for determination of the Commencement Date and the obligation to pay Rent (subject to the contrary in this Agreement or this Expansion Work LetterRental Concession)), and regardless by the number of when the days of any Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed Delay that causes Landlord to be substantially completed on delayed in achieving Substantial Completion. If Landlord is unable to achieve Substantial Completion because of Tenant Delay, Landlord may, by written notice to Tenant, establish the Commencement Date as the date on which the Tenant Improvement Work would Substantial Completion could have been substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoingachieved, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of but for such Tenant Delay. EXHIBIT C FORM OF LETTER OF UNDERSTANDING ______________________________ Attn: ______________________, Tenant shall not be responsible Property Manager _____________________________ _____________________________ RE: Lease between ____________________________________________(“Landlord”) and __________________________________________ (“Tenant”) for any such Tenant Delay with respect the Leased Premises located at ______________________________, __________________, __________ (the “Leased Premises”), within _________________________, dated ________________ (the “Lease”). Dear _________________________: The undersigned, on behalf of Tenant, certifies to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant Delay.as follows:

Tenant Delay. If A “Tenant Delay” shall mean any actual delay in the substantial completion of the Tenant Improvement Landlord’s Replacement Premises Work is delayed resulting from: (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b1) Tenant’s failure to timely approve comply with any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter the delivery dates or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except approval dates relative to the extent such delay results from any failure design, planning, pricing, and selection of Landlord to comply with its obligations under Section 3.3.3 above); finishes for Landlord’s Replacement Premises Work, (e2) Tenant’s requirement failure to provide responses to requests for materialsinformation, componentsapprovals or disapprovals regarding Landlord’s Replacement Premises Work within the time periods established herein or any construction schedule provided by Landlord (or if not so stated, finishes or improvements that are then within two (2) Business Days after requested by Landlord), (3) Tenant’s requests for Extra Work (even if Tenant elects not available in a commercially reasonable time given to proceed with the anticipated date of substantial completion of the Tenant Improvement Extra Work as set forth in this Agreement; requested), (f4) Tenant’s failure to pay any amounts when due hereunder, (5) any change delay resulting from Tenant’s early access to the baseReplacement Premises, shell or core of work being performed by Tenant in the Replacement Premises, while Landlord is performing Landlord’s Replacement Premises or Building required by the Approved Construction Drawings; Work, or (g6) any other act or omission of Tenant or any of its failure to act by Tenant, Tenant’s employees, agents, employees architects, engineers, contractors, consultants and/or any other person performing or representatives, then, notwithstanding required to perform services on behalf of Tenant. Notwithstanding anything contained herein or elsewhere in this First Amendment to the contrary contrary, if there is any increase in this Agreement the cost of Landlord’s Replacement Premises Work as a result of a Tenant Delay or this Expansion if Landlord is delayed in substantial completion of Landlord’s Replacement Premises Work Letteras a result of a Tenant Delay, then (a) Tenant shall be responsible for the increase in the cost of Landlord’s Replacement Premises Work, and regardless of when (b) the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work Replacement Premises Commencement Date shall be deemed to be substantially completed on the date on which the Tenant Improvement Landlord’s Replacement Premises Work would have been substantially completed if no such Substantially Complete but for the Tenant Delay had occurredas determined by Landlord. Notwithstanding the foregoing, if Landlord fails Tenant’s failure to notify Tenant of pay any Tenant Delay sums due hereunder within 2 ten (10) days after the date Landlord knew receipt of such Tenant Delay, Tenant Landlord’s written demand therefor shall not be responsible for any such Tenant Delay with respect to the period an Event of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant DelayDefault hereunder.

Tenant Delay. If The term “Tenant Delay” shall mean, with respect to the substantial completion of the Tenant Improvement Initial Improvements or completion of any of Landlord’s Work, delay which, notwithstanding Landlord’s reasonable efforts to avoid or reduce the same, is attributable to any: (1) delay in the giving of authorizations or approvals by Tenant; (2) delay attributable to the negligent or willfully wrongful acts or failures to act, of Tenant, its agents, or contractors, where such acts or failures to act delay the completion of the Initial Improvements or Landlord’s Work; (3) delay attributable to the interference of Tenant, its agents, or contractors with the completion of the Initial Improvements or Landlord’s Work, including delays resulting from entry into the Premises by such persons as contemplated in Paragraph 3.3 of the Lease; (4) any extension of time required to complete the Initial Improvements because of changes to the Plans or the Initial Improvements requested by Tenant, including any delays caused by requests for Extra Work is delayed pursuant to Paragraph 5 above; (5) any delay in obtaining a “Tenant Delay”) certificate of occupancy for the Premises as a result of the failure of any contractor hired by Tenant to complete any portion of the Initial Improvements prior to the completion of Landlord’s Work; or (a6) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by other event which is expressly identified as a Tenant of this Expansion Work Letter or Delay in the Lease; (d) . In the event that Landlord believes that any change (or Tenant’s request for Tenant Delay has occurred, Landlord shall, promptly notify Tenant in writing of such assertion and the number of days of any change) in the Approved Construction Drawings (except such asserted Tenant Delay incurred prior to the extent date of such delay results from notice. In the event of any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materialsTenant Delay, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core Initial Improvements and delivery of the Premises or Building required to Tenant by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Expansion Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work Landlord shall be deemed deemed, for the purpose of determining the Commencement Date of the Lease, to be substantially completed on the date on which the Tenant Improvement Work Initial Improvements would have been substantially completed if no such but for the Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of such Tenant Delay, Tenant shall not be responsible for any such Tenant Delay with respect to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant DelayDelay(s).

Tenant Delay. If Any actual delay in the substantial completion progress of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except Initial Improvements to the extent such delay results from any is the result of: (i) changes in the Final Plans requested by Tenant; (ii) the failure of Landlord Tenant to comply approve the Final Plans or any portion thereof within the time periods provided in this Lease, (iii) the failure of Tenant to provide any information or documentation within the time period required under this Lease, (iv) the failure of Tenant to make selections or grant approvals when required, (v) the performance or non-performance of any work at, or services with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materialsrespect to, components, finishes the Premises by Tenant or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion any member of the Tenant Improvement Work as set forth in this Agreement; Group, (fvi) boycotts, work stoppages or other labor unrest at the Premises resulting from the actions of Tenant or any change to the base, shell or core member of the Premises or Building required by the Approved Construction Drawings; Tenant Group, or (gvii) any other act or omission of Tenant, any member of the Tenant Group or any person, firm or entity claiming by, through or under any of its agents, employees or representatives, then, notwithstanding anything them. Notwithstanding the foregoing to the contrary in this Agreement or this Expansion Work Lettercontrary, and regardless of when the no Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work Delay shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or inaction that Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within twenty-four (24) hours’ after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be substantially completed on deemed to have occurred commencing as of the date on which such original notice is given and continuing for the longer of (a) the number of days that Tenant takes to cause the event giving rise to the Tenant Improvement Work would have been substantially completed if no Delay to be resolved, (b) the number of days that prosecution and/or completion of the work or Landlord’s act was in fact delayed as a result of such Tenant Delay had occurredaction or inaction and shall excuse and extend the dates of Landlord’s performance. For purposes of this Section 0.0.XX, notice may be email. Notwithstanding the foregoing, if foregoing once Landlord fails to notify Tenant has given two notices of any a Tenant Delay within 2 days after to Tenant, any further Tenant Delay shall be deemed to have occurred commencing as of the date Landlord knew of such Tenant Delay, Tenant shall not be responsible for any such the Tenant Delay with respect to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant Delayoccurred without a twenty-four (24) hour cure period.

Tenant Delay. If Notwithstanding any provision herein or in the Lease to the contrary, the Landlord Delivery Date for Landlord’s Work and the Commencement Date shall in no event be delayed or extended by any “Tenant Delay” or Change Order Delay, and each such date (as applicable) shall be deemed to have occurred on the day that each such date (as applicable) would have occurred but for any intervening Tenant Delay or Change Order Delay. Without limitation of the facts or circumstances also agreed by the parties herein or in the Lease to constitute “Tenant Delay,” “Tenant Delay” shall also mean and include but not be limited to delays resulting from changes, revisions or supplements to the scope of Landlord’s Work or Tenant Work requested by Tenant; Tenant’s failure to provide information, materials, documents, plans or specifications, or to furnish Tenant’s cooperation as required by Landlord in connection with Landlord’s Work or Tenant Work within the required time periods, including Tenant’s initial submission of Tenant Plans; delays in the preparation, finalization or approval of the Tenant Plans caused by Tenant or its architect, contractors, authorized representative, agents or employees; delays caused by modifications, revisions or changes to Tenant Plans caused or required by Tenant or its architect, contractors, authorized representative, agents or employees, or by any state or municipal authority (including, without limitation, modifications, revisions or changes required to Tenant Plans or Landlord’s Plans upon presentation of Tenant Plans (or revisions thereto) for permitting; delays in the delivery or installation of any special, long-lead or non-standard items specified by Tenant; or delays caused by delivery, installation or completion of any Tenant finish work performed by Tenant’s contractors; or any other delay caused by Tenant or its architect, contractors, representatives, agents or employees. Notwithstanding anything in this Section G to the contrary, with regard to those Tenant Delays which, pursuant to the express provisions of this Work Letter, shall not be assessed or be deemed to have occurred in the absence of Landlord’s notice, Landlord agrees to furnish such notice as soon as reasonably practicable after Landlord shall have actual knowledge of the facts or circumstances giving rise thereto; the parties agreeing that such notice may be delivered telephonically or by facsimile transmission to Tenant’s representative. In the event any Tenant Delay or Change Order Delay shall occur, substantial completion of the Landlord’s Work and Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Expansion Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed have occurred on the date on which substantial completion thereof would have occurred, but for the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of such Tenant Delay, Tenant shall not be responsible for any such Tenant Delay with respect to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed Delays and ending on the date that Landlord notified Tenant of such Tenant DelayChange Order Delays.

Tenant Delay. If For the substantial completion purposes of this Work Letter and the Tenant Improvement Work is delayed (a Lease, “Tenant Delay”) as a result ” means any actual delay in any of (a) any failure Substantial Completion of the Pricing Completion Date to occur by the Pricing Due Date; Landlord Work, or (b) achievement of the Required Delivery Condition, or (c) achievement any of the milestones listed in Paragraph 2.8 of the Lease, in each of cases (a) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, resulting from either: (i) Tenant’s failure to timely approve any matter requiring Tenant’s approval; fulfill its obligation with respect to provide either documents or approvals within the time periods specified therefor herein, (c) any breach by Tenant of this Expansion Work Letter or the Lease; (dii) any change orders requested by Tenant, (or Tenant’s request for any changeiii) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other an act or omission of Tenant or any Tenant Parties which interferes with the progress of its agentsconstruction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord’s Work, employees completion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or representativesachievement of an affected milestone, then, notwithstanding anything is deemed to have occurred shall be advanced by the contrary in this Agreement or this Expansion Work Lettercumulative duration of such Tenant Delays, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work Delivery Date shall be deemed to be substantially completed on have occurred in advance of the actual delivery date on which as a sole and direct result of the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew cumulative duration of such Tenant Delay, Delays. A Tenant Delay shall not be responsible for any such deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay with is occurring. With respect to any changes to the period of time commencing 3 days after the date when Warm Shell Components requested by Tenant, Landlord knew hereby notifies Tenant that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such request will result in a Tenant Delay., and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence. Exhibit C Building E

Tenant Delay. (a) If the substantial completion of the Tenant Improvement Work is Landlord shall be delayed (a “Tenant Delay”) in substantially completing Landlord's Construction as a result of any act, neglect, failure or omission of Tenant, its servants, employees, invitees, licensees, agents, visitors, representatives, customers or contractors, including without limitation any of the following, such delays shall be deemed a "Tenant Delay," and Tenant shall be responsible for and pay any and all cost and expenses incurred by Landlord caused by Tenant Delay. As an illustration of the foregoing but not in limitation thereof, Tenant Delay is that delay caused by (a) the failure by Tenant to take any failure of action under this Schedule A within the Pricing Completion Date to occur time period required by the Pricing Due Dateterms of this Schedule; or (b) modifications, revisions and changes to the approved Space Plan, approved Construction Drawings and/or Landlord's Construction as requested by Tenant’s failure to timely approve any matter requiring Tenant’s approval; or (c) any breach work performed by Tenant or entity engaged by Tenant which adversely affects the timing of this Expansion Work Letter Landlord's Construction; or the Lease; (d) any change (Tenant's failure to meet with Landlord and/or Landlord's architect or Tenant’s request for any change) failure to provide information to Landlord required under this Schedule A in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above)a timely manner; or (e) Tenant’s requirement the request by Tenant for materials, components, finishes or improvements that installations (other than those included in Exhibit 2 attached hereto) which are not readily available in a commercially reasonable at the time given Landlord is ready to install the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreementsame; or (f) the failure by Tenant to pay in a timely manner any change payment required to the base, shell or core of the Premises or Building required by the Approved Construction Drawingsbe made under this Schedule; or (g) any other act unreasonable conduct of any kind or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything nature relating to the contrary completion of the Additional Premises and engaged in this Agreement or this Expansion Work Letter, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurredby Tenant. Notwithstanding the foregoing, if Landlord fails to notify Tenant of any Tenant Delay within 2 days after the date Landlord knew of such Tenant Delay, Tenant shall not be responsible liable for any such Tenant Delay with respect to the period of time commencing 3 days after the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant of such damages caused by Tenant Delay.

Tenant Delay. If Notwithstanding the substantial completion foregoing provisions of this Exhibit B-3, to the extent Landlord is actually delayed in achieving the End of the Construction Period or the Rent Commencement Condition as a direct result of: (i) Tenant's failure to comply with any of the deadlines specified in this Exhibit B-3 or elsewhere in the Lease with respect to Landlord's construction of the Base Building Work and/or any Landlord Constructed Tenant Improvement Work, (ii) Tenant's failure to pay when due any amount required pursuant to this Exhibit B-3, (iii) Tenant’s or the Leasehold Contractor’s (or its subcontractors’) unreasonable interference with, or failure to cooperate [as required in Section 3(d), below)] with, Landlord and the contractors undertaking any Base Building Work and/or any Landlord Constructed Tenant Improvement Work, (iv) any other event expressly deemed to be a “Tenant Delay” pursuant to the terms of the Lease, or (v) any interruption or delay in Landlord’s construction of the Base Building Work and/or any Landlord Constructed Tenant Improvement Work directly caused by the failure of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representativesapplicable law, then, notwithstanding anything to the contrary in this Agreement End of the Construction Period or this Expansion Work Letterthe Rent Commencement Condition, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work as applicable shall be deemed to be substantially completed have been achieved on the date on which the Tenant Improvement Work such condition would have been substantially completed if no achieved had such delay or delays not occurred (each of which is referred to herein as a "Tenant Delay had occurredDelay"). Notwithstanding Landlord shall notify Tenant’s Authorized Representative (in writing which writing shall include an identification of the foregoingcause of such delay with reasonable specificity) promptly upon Landlord’s becoming aware of the existence of any such delay and, notwithstanding the preceding sentence, if Landlord fails to so notify Tenant’s Authorized Representative (in writing) as soon as reasonably practicable after becoming aware thereof, then, to the extent that timely notice would have mitigated the effects of such delay, any period prior to such notice shall not constitute Tenant Delay; provided, however, that no notice shall be required with respect to any Tenant Delay caused by clause (i) above (i.e., Tenant's failure to timely comply with deadlines). Within two (2) Business Days after Tenant’s written request therefor, Landlord shall notify Tenant in writing whether or not Landlord is aware of any Tenant Delay within 2 days after the date Landlord knew or is aware of such any event which might reasonably lead to any Tenant Delay. Landlord agrees to use good faith reasonable efforts to counter the effect of any Tenant Delay; however, Tenant Landlord shall not be responsible obligated to expend any additional amounts in such efforts (e.g., by employing overtime labor) unless Tenant agrees in advance to bear any incremental cost associated with such efforts (whether or not such efforts are ultimately successful). For purposes of this Section 3(a), the terms “actually delayed” and “actual delay(s)” shall mean delay in the completion of the work necessary to achieve the End of the Construction Period or the Rent Commencement Condition, as applicable, that would not have occurred but for any such Tenant Delay with respect to the period applicable event, it being expressly agreed that the incurrence of time commencing 3 days after overtime labor costs shall not be a prerequisite for the date when Landlord knew that such Tenant Delay existed and ending on the date that Landlord notified Tenant existence of such Tenant Delaydelay.