Common use of Tenant's Delay Clause in Contracts

Tenant's Delay. If Substantial Completion shall be delayed as a result of any of the following causes, such delay shall be considered a “Tenant Delay”: (a) Tenant’s failure to submit the Working Drawings to Landlord on or before the date set forth in Paragraph 21, unless Landlord fails to provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5; (b) Tenant’s failure to obtain any required permits to allow construction of the TI Work; (c) Changes in the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord’s changes to the Base Building Plans under Paragraph 7 above or are required for receipt of permits; (d) Any delays in starting construction due to Tenant’s disapproval of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid under Paragraph 10(c) above; (e) Tenant’s request for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtain, install or complete; or (f) Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule. Landlord shall notify Tenant promptly after learning of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and notwithstanding any provision to the contrary contained in the Lease, if the Lease Commencement Date is delayed due to Tenant Delay, the Lease Commencement Date shall be the date when the Lease Commencement Date would have occurred if there had been no Tenant Delay. Tenant acknowledges that the length of any Tenant Delay is to be measured by the duration of the delay in the occurrence of the event in question caused by the event or conduct constituting Tenant Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes.

Tenant's Delay. If Substantial Completion shall be delayed (1) Any delay in the Anticipated Commencement Date as a the result of any of the following causes, such delay shall be considered a are herein referred to collectively and individually as “Tenant Tenant’s Delay”:; (a) Tenant’s failure a change to submit the Working Drawings to Landlord on or before Leasehold Improvements, per Paragraph C hereof, that results in a delay in the date set forth in Paragraph 21, unless Landlord fails to provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5Anticipated Commencement Date; (b) Tenant’s failure to obtain any required permits to allow construction request by the Tenant that Landlord delay in the commencement or completion of the TI WorkLeasehold Improvements as per this Exhibit “D”; (c) Changes in any delay caused by Tenant’s failure to select the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except carpeting or painting colors or any other items with respect to the extent such changes are necessitated Leasehold Improvements requiring Tenant’s decision within the time periods provided by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord or Landlord’s changes to the Base Building Plans under Paragraph 7 above contractors or are required for receipt of permits;subcontractors; INITIALS: Landlord Tenant (d) Any delays any delay caused by Tenant in starting construction due to Tenant’s disapproval the exercise of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid its rights under Paragraph 10(c) above;E of this Exhibit “D”; and (e) any other act or omission of Tenant (including the Tenant’s request for materialsRepresentative, finishes as hereinafter defined) or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtainits officers, install agents, servants or complete; orcontractors, including the unreasonable delay or withholding of approvals requested by Landlord not specifically delineated above. (f2) The Commencement Date defined in Section 3(A)(2) of this Lease shall be accelerated and shall be deemed to have occurred on that date which precedes the actual Commencement Date by the aggregate length of Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule. Landlord shall notify Tenant promptly after learning of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement DateDelays. In the event a Tenant’s Delay shall occur, Landlord and Tenant will endeavor to work cooperatively to regain any time lost due to such Tenant’s Delay; provided, however, Landlord shall not be required to incur additional costs, e.g. such as performing the work on an over-time basis. If such cooperative effort results in regaining some or all of any Tenant time lost due to such a Tenant’s Delay, Tenant appropriate adjustments shall pay to Landlord, as additional Rent, one day’s Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and notwithstanding any provision to the contrary contained be made by Landlord in the Lease, if the Lease Commencement Date is delayed due to Tenant Delay, the Lease Commencement Date shall be the date when the Lease Commencement Date would have occurred if there had been no Tenant Delay. Tenant acknowledges that the length of any Tenant Delay is to be measured by the duration application of the delay in the occurrence provisions of the event in question caused by the event or conduct constituting Tenant Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causesthis subparagraph.

Tenant's Delay. If Substantial Completion shall 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 delayed Substantially Completed as a result of any of the following causes, such delay shall be considered a “Tenant Delay”: of: (a) any "Tenant’s '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 submit review or approve in a timely manner any item requiring Tenant's review or approval, then the Working Drawings to Landlord on or before Delivery Date will only be extended under Section 10.2 until the date set forth 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 Paragraph 21this 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, unless 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 provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5; (b) Tenant’s failure to obtain any required permits to allow construction of the TI Work; (c) Changes in the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord’s changes to the Base Building Plans under Paragraph 7 above or are required for receipt of permits; (d) Any delays in starting construction due to Tenant’s disapproval of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to so advise Tenant of notice of a Trade Bid under Paragraph 10(csuch Tenant's Delay within five (5) above; (e) Tenant’s request for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtain, install or complete; or (f) Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule. Landlord shall notify Tenant promptly Business Days after learning of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and notwithstanding any provision to the contrary contained in the Lease, if the Lease Commencement Date is delayed due to Tenant such Tenant's Delay, then the Lease Commencement Date 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 date when the Lease Commencement Date would have occurred if there had been no Tenant Delay. Tenant acknowledges that the length total number of any Tenant days of Tenant's Delay is to be measured by the duration of the delay in the occurrence of the event in question caused by the event or conduct constituting Tenant Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causeshereunder.

Tenant's Delay. If Substantial Completion Landlord's Contractor shall be delayed in substantially completing the Base Building Improvements as a result of any of the following causes, such delay shall be considered a “Tenant Delay”: of: (a) Tenant’s 's failure to submit timely approve the Tenant Improvement Working Drawings to Landlord on or before the date set forth in Paragraph 21, unless Landlord fails to provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5; Drawings; (b) Tenant’s failure 's revisions to obtain any required permits to allow construction of the TI Work; (c) Changes in the Approved Tenant Improvement Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord’s changes which require modification to the Base Building Plans under Paragraph 7 above or are required for receipt of permits; Improvements; (c) Tenant's interference with Landlord's Contractor's schedule through Tenant's Work; (d) Any delays in starting construction due to Tenant’s disapproval of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid under Paragraph 10(c) above; Change Orders; or (e) delays caused by Tenant in Landlord's construction (all of the foregoing being referred to herein collectively as "Tenant’s request 's Delay"); then the Premises will be deemed to have been Ready for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements Occupancy (and Tenant's obligation to obtain, install or complete; or (f) Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule. Landlord shall notify Tenant promptly after learning of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s Base Rent shall be accelerated) one day earlier for each day of Tenant Delay to the extent that Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay has actually delayed by written notice to Tenant within five (5) business days following the commencement of payment any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of Base Rent under the LeaseTenant Delay as well as the estimated number of days that substantial completion will be delayed by such Tenant Delay. In additionLandlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, and notwithstanding any provision to the contrary contained which does not actually cause a delay in the Lease, if Delivery Date beyond the Lease Commencement Date is delayed due to Tenant Delay, the Lease Commencement Date shall be the date when the Lease Commencement Date would have occurred if there had been no Tenant DelayEstimated Delivery Date. Tenant acknowledges that the length of any Tenant Tenant's Delay is to be measured by the duration of the delay in the occurrence of the event in question substantial completion caused by the event or conduct constituting Tenant Tenant's Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify Tenant of 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 the binding Delivery Date between the parties with respect to the Lease.

Tenant's Delay. If Substantial Completion shall be delayed as a result of any of the following causes, such delay shall be considered a “"Tenant Delay”": (a) Tenant’s failure to submit the Working Drawings to Landlord on or before the date set forth in Paragraph 21, unless Landlord fails to provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5; (b) Tenant’s failure to obtain any required permits to allow construction Change(s) in TI Working Drawings requested by ▇▇▇▇▇▇ after approval of the TI WorkWorking Drawings by ▇▇▇▇▇▇▇▇; (c) Changes in the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord’s changes to the Base Building Plans under Paragraph 7 above or are required for receipt of permits; (d) Any delays in starting construction due to Tenant’s 's disapproval of the Trade Bid and/or any TI Bids or the need to revise the TI Bids or TI Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid under Paragraph 10(c) above;reduce costs; or (ed) Tenant’s 's request for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtain, install or complete; or (fe) Tenant’s 's failure to comply with the Building TI Contractor’s's or the General Contractor's or any subcontractor's schedule or to meet any deadline or to respond within any time limit provided herein; or (f) An Event of Default by Tenant under the Lease or the existence of any event or condition which, with the passage of time or the giving of notice or both would constitute such an Event of Default; (g) Any delay caused by or attributable to ▇▇▇▇▇▇'s desire to include Expanded Uses in the Premises, including delays in issuance of certificates of occupancy or construction; or (h) Delays caused by Tenant in construction. In the event of a Tenant Delay, Landlord shall, to the extent feasible based on the type of delay, the stage of construction and other factors, make good faith efforts to make up for the period of Tenant Delay by paying overtime or other methods acceptable to Landlord, the TI Contractor’s , the General Contractor and their subcontractors; provided that Tenant shall be solely responsible for all costs related thereto. If ▇▇▇▇▇▇▇▇'s efforts are successful and all or any subcontractor’s schedule. Landlord shall notify Tenant promptly after learning a portion of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact period of any a Tenant Delay on is made up through such efforts, then the Substantial Completion Date and on following sentence shall not apply to the Lease Commencement Dateperiod of Tenant Delay that is made up. In the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and notwithstanding any provision to the contrary contained in the Lease, or if the Lease Commencement Date Substantial Completion is delayed due to Tenant Delay, the Lease Term Commencement Date and the Rent Commencement Date for each floor shall be the earlier of the date of Substantial Completion of such floor or the date when the Lease Commencement Date Substantial Completion of such floor would have occurred if there had been no Tenant Delay. Tenant acknowledges that the length of any Tenant Delay is to be measured by the duration of the delay in the occurrence of the event in question Substantial Completion caused by the event or conduct constituting Tenant Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes.