Common use of Tenant Delay Clause in Contracts

Tenant Delay. Tenant Delay" means any delay which Landlord may encounter in the performance of Landlord's obligations under this Lease if and to the extent caused by any act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, its agents or contractors, including, without limitation, delays by Tenant in submission of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the occurrence of any Tenant Delay, upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate of the duration of such Tenant Delay. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration in accordance with Section 8.09.

Tenant Delay. The term "Tenant Delay" means any delay which Landlord may encounter in Lessee's failure to furnish the performance information and/or assistance as and when required of Landlord's obligations under this Lease if and to the extent caused by any act or (where Tenant has an affirmative obligation to act Lessee pursuant to the terms of this Lease) omission of Tenant, its agents or contractors, including, without limitation, delays by Tenant in submission of information required to be submitted pursuant to the terms of this Lease, this EXHIBIT C, or giving authorizations the Addendum, and including without limitation Lessee's failure to render Lessee's approval or approvals required disapproval, or Lessee's or Lessee's agents failure to be given pursuant make submissions to Lessor, within the terms time limits specified in this EXHIBIT C; or Lessee's changes in Plans and/or Final Plans following approval by Lessor and Lessee of this Leasethe foregoing; providedor 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 no is not readily available, if Lessee fails to make alternative arrangements to comply with such delay shall constitute a 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 if Landlordwill be passed on to and shall be borne solely by Lessee. Notwithstanding the foregoing, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the occurrence of any Tenant Delay, upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate of the duration of such Tenant Delay. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration 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 accordance with Section 8.09such 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.

Tenant Delay. The term “Tenant Delay" means ” as used in the Lease or this Agreement shall mean any delay which that Landlord may encounter in the performance of Landlord's ’s obligations under the Lease or this Lease if and to the extent caused by Agreement because of any act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, any nature by Tenant or its agents or contractors, including without limitation any (i) delay attributable to changes in or additions to the Final Plans or to the Tenant Improvements requested by Tenant, (ii) delay attributable to the postponement of any Tenant Improvements at the request of Tenant, (iii) delay by Tenant in the submission of the Space Plan and Working Drawings and Final Plans beyond the time periods permitted by this Agreement or the giving of authorizations or approvals within the time limits set forth in this Agreement and (iv) delay attributable to the failure of Tenant to pay, when due, any amounts required to be paid by Tenant pursuant to this Agreement. Tenant shall pay all actual costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, delays by Tenant any actual costs and expenses attributable to increases in submission of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the occurrence of any Tenant Delay, upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate of the duration of such Tenant Delay. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any labor or materials. No Tenant Delay shall be determined by arbitration deemed to have occurred unless and until Landlord has given written notice to Tenant specifying the action or inaction which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1 ) business day after Tenant’s receipt of such notice, then a Tenant Delay, as set forth in accordance with Section 8.09such notice, shall be deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the Substantial Completion of the Premises was in fact delayed as a result of such action or inaction.

Tenant Delay. As used in this Lease, “Tenant Delay" means ” shall mean, in addition to any Tenant Delay specifically described elsewhere in this Lease, any delay which Landlord may encounter encounters in the performance of Landlord's ’s obligations under this Lease if and arising from or related to the extent caused by any act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of TenantTenant or its agents, its agents employees, or contractors, including, without limitation, any actual delay to the extent attributable to: (a) any Changes, including any delays arising from or related to such Changes, whether or not within Tenant’s reasonable control; (b) any material interference by Tenant with the construction of the Building Shell Improvements; (c) Tenant’s request for long-lead items; (d) any material delays by Tenant in submission of providing Landlord with information required to be submitted pursuant to the terms of this Leaserequested by Landlord, or giving authorizations in providing consents or approvals required to be given pursuant by Tenant, or in completing submittals or obtaining permits within the time periods agreed to by Landlord and Tenant or as reasonably required by Landlord, including any delays in providing Landlord with the terms final Modified Building Shell Plans; and (e) the Building Modifications, whether or not within Tenant’s reasonable control (including, but not limited to, delays in obtaining required utility services because of this Leasedelays associated with the construction of additional electrical substation capacity required for the Building Modifications or otherwise, or delays in obtaining governmental approvals for the construction of the Building Modifications); providedprovided however, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay unless Landlord shall constitute a have notified Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant writing of the occurrence of a Tenant Delay and the reasons therefore within three (3) business days following the date Landlord becomes aware or should have become aware of the occurrence of the event or circumstance giving rise to the delay. Landlord confirms that the Building Modifications will not create any Tenant Delay, upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate of the duration of such Tenant Delay. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration in accordance with Section 8.09.

Tenant Delay. For the purposes of this Work Letter and the Lease, “Tenant Delay" ” means any actual delay which Landlord may encounter in the performance Landlord’s completion of Landlord's obligations under the Warm Shell Components and Building-Specific Common Areas in the Required Delivery Condition resulting from either: (i) Tenant’s failure to fulfill its obligation with respect to provide either documents or approvals within the time periods specified therefor herein, (ii) any change orders or TRCs requested by Tenant, (iii) any matters specifically identified elsewhere in this Work Letter or in the Lease if and to the extent caused by any as Tenant delays, or (iv) an act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, its agents Tenant or contractors, including, without limitation, delays by any Tenant in submission Parties which interferes with the progress of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant construction of the occurrence Building. In the event of any Tenant Delay, Delay the date upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate which Substantial Completion of the Landlord’s Work is deemed to have occurred shall be advanced by the cumulative duration of such Tenant DelayDelays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any A Tenant Delay shall not be determined deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any changes to the Warm Shell Components requested by arbitration Tenant, Landlord hereby notifies Tenant that such request will result in accordance with Section 8.09a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence; provided, however, that upon completion of the TRC Estimate, such TRC Estimate shall control over this sentence.

Tenant Delay. For the purposes of this Work Letter and the Lease, “Tenant Delay" ” means any actual delay which Landlord may encounter in any of (a) Substantial Completion of the performance Landlord’s Work, or (b) achievement of Landlord's obligations under this Lease if and 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 fulfill its obligation with respect to provide either documents or approvals within the extent caused time periods specified therefor herein, (ii) any change orders requested by any Tenant, (iii) an act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, its agents Tenant or contractors, including, without limitation, delays by any Tenant in submission Parties which interferes with the progress of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant construction of the occurrence Building. In the event of any Tenant Delay, Delay the date upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate which Substantial Completion of the Landlord’s Work, completion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant DelayDelays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any A Tenant Delay shall not be determined deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any changes to the Warm Shell Components requested by arbitration Tenant, Landlord hereby notifies Tenant that such request will result in accordance with Section 8.09a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence.

Tenant Delay. For the purposes of this Work Letter and the Lease, “Tenant Delay" ” means any actual delay which in any of (a) Substantial Completion of the Landlord may encounter Work, or (b) achievement of the Required Delivery Condition, or (c) achievement any of the milestones listed in Paragraph 2.8 of the performance Lease, in each of Landlord's obligations under this Lease if and 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 fulfill its obligation with respect to provide either documents or approvals within the extent caused time periods specified therefor herein, (ii) any change orders requested by any Tenant, (iii) an act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, its agents Tenant or contractors, including, without limitation, delays by any Tenant in submission Parties which interferes with the progress of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant construction of the occurrence Building. In the event of any Tenant Delay, Delay the date upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate which Substantial Completion of the Landlord’s Work, completion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant DelayDelays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any A Tenant Delay shall not be determined deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is ______________ 7 See footnote no. 6. Exhibit C Building F and Amenities Building occurring. With respect to any changes to the Warm Shell Components requested by arbitration Tenant, Landlord hereby notifies Tenant that such request will result in accordance with Section 8.09a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence.

Tenant Delay. As used in this Lease, “Tenant Delay" means ” shall mean any actual delay which that Landlord may encounter encounters in the performance of Landlord's ’s obligations under this Work Agreement or the Lease if and to construct the extent caused by Landlord Work because of any act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of any nature by Tenant, its any employees or agents or contractorsof Tenant’s, including, without limitationbut not limited to, delays delay by Tenant in the submission of information required to be submitted pursuant to or the terms giving of this Lease, or giving authorizations or approvals or the performance of any other obligations of Tenant within the express time frames set forth in this Work Agreement and delays resulting from changes in the Landlord Work requested by Tenant in writing or actually required to be given pursuant to by Tenant’s Plans (including delays resulting from investigation of the terms of this Leaseestimated cost or delay associated with a proposed change order ); provided, that no such delay shall constitute as a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay condition to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the occurrence assertion of any Tenant Delay, upon Tenant's request, Landlord shall must notify Tenant within five (5) Business Days after it becomes aware of any alleged Tenant Delay, which notice will contain a description of the Tenant Delay, as well as the expected duration of the Tenant Delay. If such action, inaction or circumstance described in the notice is not cured by Tenant within two (2) Business Days after Tenant’s receipt of such notice and if such action, inaction or circumstance otherwise qualifies as a Tenant Delay, then the Tenant Delay shall be conclusively deemed to have occurred commencing as of the date of Tenant’s receipt of the Notice and ending as of the date such delay ends. Landlord’s failure to so notify Tenant shall not be deemed a waiver of Landlord's estimate ’s rights hereunder, however, in such case, the burden of the duration of proof shall be on Landlord to establish any such Tenant Delay. Tenant shall pay to Landlord any reasonable costs or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration in accordance with Section 8.09.EXHIBIT B-1

Tenant Delay. In the event of Tenant Delay" means any delay which , Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant Delays. Landlord may encounter in the performance of Landlord's obligations under this Lease if and to the extent caused by any act or (where Tenant has an affirmative shall have no obligation to act pursuant expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this LeaseExhibit, including without limitation Tenant’s failure to comply with any of the deadlines specified in this Exhibit; (ii) omission Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes and such change delays Substantial Completion provided the Selected Contractor advised Tenant and Landlord of such delay prior to the authorization of the Change Order by Landlord and Tenant; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations provided Landlord advised Tenant that any such improvements, materials, finishes, or installations would cause a delay as part of Landlord’s review and approval of the CD’s and/or and Approved Changes; (iv) Tenant’s or its agents contractors’ unreasonable interfere with the work of Landlord or contractors, the Selected Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation of Tenant’s Equipment and such interference delays Substantial Completion; (v) delays caused by Tenant any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in submission of information required to Class A Projects; or (vi) any other Tenant-caused delay. Notwithstanding the foregoing, there shall be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence under clauses (ii) through (vi) above unless and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after until Landlord has actual knowledge or should reasonably have knowledge provided Tenant’s Representative with written notice of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the occurrence of any Tenant Delay, upon Tenant's request, Landlord shall notify Tenant of Landlord's estimate of the duration of such potential Tenant Delay. Tenant Landlord shall pay use commercially reasonable efforts to Landlord provide Tenant’s Representative with written notice regarding any reasonable costs potential or expenses if and to the extent incurred by Landlord by reason of any Tenant Delay. Any dispute as to the existence, duration or cost of any actual Tenant Delay shall be determined by arbitration in accordance with Section 8.09Landlord is aware of within two (2) business days after Landlord becomes aware of such delay.

Tenant Delay. As used herein, "Tenant Delay" means shall mean, as ------------ to any delay which experienced by Landlord may encounter in connection with its Shell and Core Work, (a) any interference or delay caused by occurrences within the performance reasonable control of Landlord's obligations Tenant not otherwise permitted under this Lease if (i.e. permitted Tenant approval and construction processes applied within scheduled time periods shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or --- refusal to furnish plans, or approve or disapprove plans for the Tenant Improvements in excess of the periods set out in Appendix D; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond or after the approval process set forth in Appendix D; or (d) any other delay in acts of Tenant required under Appendix D; provided that the foregoing clauses (a) through (d) shall apply only to the extent caused by any act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, its agents or contractors, including, without limitation, delays by Tenant in submission of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay ---- notwithstanding Landlord's reasonable best efforts to mitigate the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge delay, actually delays the date of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay)Premises Delivery. If Landlord notifies Tenant of the occurrence of any Tenant Delay, upon Tenant's request, Landlord shall notify Tenant as soon as reasonably possible when Landlord becomes aware of an event that it believes constitutes a Tenant Delay. Such notice shall include a description of the matter constituting the Tenant Delay and Landlord's good faith estimate of the duration length of such the Tenant Delay. Landlord also agrees to meet and cooperate with Tenant shall pay to Landlord any reasonable costs or expenses if and seek opportunities to the extent incurred by Landlord by reason of any minimize Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration in accordance with Section 8.09.

Tenant Delay. As used herein, the term "Tenant Delay" means shall mean, as to any delay which experienced by Landlord may encounter in its work on the performance Building or the Tenant Improvements, (a) any interference or delay caused by occurrences within the reasonable control of Landlord's obligations Tenant not otherwise permitted under this Lease if (i.e. permitted Tenant approval and construction processes applied within scheduled time period shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or refusal to furnish plans, or approve or disapprove plans for the Tenant Improvements, within the periods set out in Exhibit B; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond the approval process set forth in Exhibit B; (d) any other delay in acts of Tenant required under Exhibit B, or (e) selection of a Tenant Improvement contractor other than the contractor selected by Landlord to perform Landlord's Work, provided that the foregoing clauses (a) through (e) shall apply only to the extent caused by any act or (where Tenant has an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, its agents or contractors, including, without limitation, delays by Tenant in submission of information required to be submitted pursuant to the terms of this Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date of Premises Delivery. Tenant Delay shall not include delays caused by revisions to the extent it occurs after Landlord has actual knowledge or should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the occurrence of any Tenant Delay, upon Tenant's request, Plans to meet historic preservation requirements as set forth in Section 3(m) below. Landlord shall notify Tenant as soon as reasonably possible when Landlord becomes aware of an event constituting Tenant Delay. Such notice shall include a description of the matter constituting Tenant Delay, and Landlord's good faith estimate of the duration potential amount of such Tenant Delay. Landlord also agrees to meet and cooperate with Tenant shall pay to Landlord any reasonable costs or expenses if and seek opportunities to the extent incurred by Landlord by reason of any minimize Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration in accordance with Section 8.09.