Common use of Commencement Date Delay Clause in Contracts

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates shall be delayed until the Initial Improvements are substantially complete for each Phase ("Phase 1 and Phase 2 Completion Date" and each a "Completion Date"), except to the extent that the delay is caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.

Commencement Date Delay. The Commencement Date for each Phase 1 and Phase 2 Commencement Dates of the Premises shall be delayed beyond the Estimated Commencement Date for such Phase of the Premises until the Initial Improvements are for such Phase of the Premises have been substantially complete for each Phase completed ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date for any Phase of the Premises is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.

Commencement Date Delay. Phase 1 and Phase 2 The Commencement Dates Date for the Premises shall be delayed beyond the target Commencement Date of August 1, 2003 until the Initial Improvements are have been substantially complete for each Phase completed, and such date shall be the Completion Date ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring which are not within Building standard selection for such materials, and require unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay beyond 30 days in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Completion Date is delayed for any reasonby Tenant Delay, then Landlord shall cause Landlord's Architect contractor or architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delayand such date shall be the Completion Date.

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the Initial Improvements are have been substantially complete for each Phase completed ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's ContributionOrders; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect architect to certify the date on which the Initial Improvements would have been completed but for any Tenant Delay (and such Tenant Delay, date shall be the Completion Date for all purposes) or were in fact completed without any Tenant Delay.

Commencement Date Delay. Phase 1 and Phase 2 The Commencement Dates Date shall be delayed until as set forth in Paragraph 1 of the Initial Improvements are substantially complete for each Phase ("Phase 1 and Phase 2 Completion Date" and each a "Completion Date")Lease, except except, as set forth in said Paragraph 1, to the extent that the delay is actually caused solely by any one or more of the following (each, a "“Tenant Delay"”): (a) Tenant's ’s request for Change Orders (whether or not any such Change Orders are actually performed); or) and the contractor’s performance of any approved Change Orders, except to the extent that the delay exceeds any estimated delay set forth in any Landlord delay estimate for the Change Order concerned; (b) Contractor's performance of any Change Orders; or (c) Tenant's ’s request for materials, finishes or installations requiring unusually long lead times; or, provided that Landlord gives notice to Tenant of such lead times at the time of Tenant’s request or as soon thereafter as is reasonably practicable; (dc) Tenant's ’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; orin this Exhibit; (ed) Tenant's ’s delay in providing information critical to the normal progression of the project. Tenant Improvements (Tenant shall provide such information as soon as reasonably possiblepracticable, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.three

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the Initial Improvements are have been substantially complete for each Phase completed ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change OrdersOrders requested by Tenant that actually cause a delay; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such personspersons that actually cause a delay. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay. Any Tenant Delay will be offset to the extent there is any other act or omission by Landlord, its agents, contractors or persons employed by any such persons that actually cause a delay.

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the Initial Improvements are have been substantially complete for each Phase completed ("Phase 1 and Phase 2 the “Completion Date" and each a "Completion Date"”), except to the extent that the delay is shall be caused by any one or more of the following (a "“Tenant Delay"”): (a) Tenant's ’s request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's ’s performance of any Change Orders; or (c) Tenant's ’s request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's ’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's ’s delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's ’s delay in making payments to Landlord for costs of the Initial Improvements (to the extent Tenant is required to pay for same) and/or Change Orders in excess of the Landlord's ContributionOrders; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's ’s Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the Initial Tenant Improvements are have been substantially complete for each Phase completed (the "Phase 1 and Phase 2 Completion Date" and each a "Completion DateCOMPLETION DATE"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant DelayTENANT DELAY"): (ai) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (bii) Contractor's performance of any Change Orders; or (ciii) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (div) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (ev) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (fvi) Tenant's delay in making payments to Landlord for costs of the Initial Tenant Improvements and/or Change Orders in excess of the Landlord's Contribution; or (gvii) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's the Architect to certify the date on which the Initial Tenant Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the later of the date on which the City of Redmxxx xxxues a certificate of occupancy for the Premises and the date on which the Initial Improvements are have been substantially complete for each Phase completed ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; , or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution's, costs for building standard improvements; or (g) Any other act or omission constituting negligence or willful misconduct by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.

Commencement Date Delay. Phase 1 and Phase 2 The Commencement Dates Date shall be delayed until occur when ----------------------- Landlord's Work has been Substantially Completed (the Initial Improvements are substantially complete for each Phase ("Phase 1 and Phase 2 Completion Date" and each a "Completion Date"), except to the extent that the delay is caused completion of Landlord's Work shall have been actually delayed by any one or more of the following causes (a "Tenant Caused Delay"): (a) Tenant's request for Change Orders Representative was not available to give or receive any Communication (whether in the manner required under the notice provisions contained in Section 44(a) of the Lease) or not to take any such Change Orders are actually performed); orother action ------- ----- required to be taken by Tenant hereunder; (b) Contractor's performance Any Change Request, whether or not the Change that is the subject of any the Change Orders; orRequest is actually performed; (c) Construction of any Change; (d) Tenant's request for materials, finishes finishes, or installations requiring unusually long lead times; or (de) Tenant's delay in reviewing, revising revising, providing Comments, or approving plans and specifications specifications, plans, drawings, or other materials beyond the periods set forth herein; or; (ef) Tenant's delay in providing information critical to the normal progression of the project. Landlord's Work (Tenant shall provide such information as soon as reasonably possible, but in no event longer than one 1 week after receipt of such any request for such information from Landlord that is transmitted in the Landlord; or (fmanner required under the notice provisions contained in Section 44(a) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's ContributionLease); or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.-------------

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the Initial Improvements are have been substantially complete for each Phase completed ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.

Commencement Date Delay. Phase 1 and Phase 2 The Commencement Dates Date shall be delayed until occur when Landlord's Work has been Substantially Completed (the Initial Improvements are substantially complete for each Phase ("Phase 1 and Phase 2 Completion Date" and each a "Completion DateCOMPLETION DATE"), except to the extent that the delay is caused completion of Landlord's Work shall have been actually delayed by any one or more of the following causes (a "Tenant DelayTENANT CAUSED DELAY"): (a) Tenant's request for Change Orders Representative was not available to give or receive any Communication (whether in the manner required under the notice provisions contained in Section 44(a) of the Lease) or not to take any such Change Orders are actually performed); orother action required to be taken by Tenant hereunder; (b) Contractor's performance Any Change Request, whether or not the "CHANGE" (as defined in Section 5) that is the subject of any the Change Orders; orRequest is actually performed; (c) Construction of any Change; (d) Tenant's request for materials, finishes finishes, or installations requiring unusually long lead times; or; (de) Tenant's delay in reviewingcausing the Greenhouse Architect to prepare, revising revise, deliver, or approving plans and specifications submit, or to address Comments regarding, specifications, plans, drawings, or other materials beyond the periods set forth herein; or; (ef) Tenant's delay in providing information critical to the normal progression of the project. Landlord's Work (Tenant shall provide such information as soon as reasonably possible, but in no event longer than one 1 week after receipt of such any request for such information from Landlord that is transmitted in the Landlord; ormanner required under the notice provisions contained in Section 44(a) of the Lease); (fg) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders "EXCESS CONSTRUCTION COSTS" (as defined in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.Section 6.4);

Commencement Date Delay. Phase 1 and Phase 2 Commencement Dates Date shall be delayed until the Initial Improvements are have been substantially complete for each Phase completed ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay. Notwithstanding anything herein to the contrary, the only Commencement Date which is subject to delays shall be the Phase I Commencement Date. Phase II and Phase III Commencement Dates shall commence without being subject to the conditions of this paragraph 4.

Commencement Date Delay. Phase 1 and Phase 2 Second Expansion Space Commencement Dates Date shall be delayed until the Initial Improvements are have been substantially complete for each Phase completed as evidenced by a certificate of occupancy issued by the appropriate governmental authority ("Phase 1 and Phase 2 Completion Date" and each a the "Completion Date"), except to the extent that the delay is shall be caused by any one or more of the following (a "Tenant Delay"): (a) Tenant's request for Change Orders (whether or not any such Change Orders are actually performed); or (b) Contractor's performance of any Change Orders; or (c) Tenant's request for materials, finishes or installations requiring unusually long lead times; or (d) Tenant's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; or (e) Tenant's delay in providing information critical to the normal progression of the project. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of such request for information from the Landlord; or (f) Tenant's delay in making payments to Landlord for costs of the Initial Improvements and/or Change Orders in excess of the Landlord's Contribution; or (g) Any other act or omission by Tenant, its agents, contractors or persons employed by any of such persons. If the Second Expansion Space Commencement Date is delayed for any reason, then Landlord shall cause Landlord's Architect to certify the date on which the Initial Improvements would have been completed but for such Tenant Delay, or were in fact completed without any Tenant Delay.