Common use of Commencement Date Delays Clause in Contracts

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1 of this Lease, provided that the Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements and/or Tenant’s move into the Premises to the extent caused by a “Commencement Date Delay,” as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements to occur more than ninety (90) days after the Delivery Date. As used herein, the term “Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes, failure of utilities, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and inspections due to a city-wide absence of inspectors (provided that no Force Majeure Delay shall commence to accrue until after Tenant shall have delivered written notice thereof to Landlord). As used in this Tenant Work Letter, “Landlord Delay” shall mean actual delays in the construction of the Tenant Improvements to the extent resulting from (i) failure of Landlord to timely approve or disapprove any Working Drawings or Change Orders or any other items set forth in this Tenant Work Letter requiring Landlord’s approval within time periods set forth in this Tenant Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved); (ii) material and unreasonable interference by Landlord, its agents or Landlord’s Agents (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements;

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1 7(b) of this LeaseTenant Work Letter, provided that the Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements and/or Tenant’s move into the Premises to the extent is caused by a “Commencement Date Delay,” , as that term is defined, defined below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements to occur more than ninety (90) days after the Delivery Date. As used herein, the term “"Commencement Date Delay” " shall mean only a “"Force Majeure Delay” " or a “"Landlord Delay,” " as those terms are defined below in this Section 5.1 10 of this Tenant Work Letter. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay (not to exceed 60-days in the aggregate) resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes, failure of utilities, government shutdowns, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and inspections due on an objective basis by any other person or entity constructing improvements comparable to a city-wide absence of inspectors (provided that no Force Majeure Delay shall commence to accrue until after Tenant shall have delivered written notice thereof to Landlord)Lessee’s Work. As used in this Tenant Work Letter, “"Landlord Delay” " shall mean actual delays in the construction of the Tenant Improvements to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Working Drawings or Space Plan, Final Plans, Change Orders or any other items set forth in this Tenant Work Letter requiring Landlord’s approval within specific time periods set forth in this Tenant Work Letter or this the Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved); (ii) material and unreasonable interference by Landlord, its agents or Landlord’s Agents any other Landlord party with the Substantial Completion of the Tenant Improvements, which interference relates to access by Tenant or its agents, contractors, vendors or employee to the Building or any Building facilities (including loading docks and freight elevators) or service and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the failure of Landlord to perform its express obligations under this Tenant Work Letter, including without limitation, with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion and/or cessation of the Tenant Improvements;Improvements as a result thereof; (iv) Landlord’s failure to deliver the Premises in the required condition; and (v) the discovery by Tenant of Hazardous Materials in the Premises in violation of applicable laws. If Tenant contends that a Commencement Date Delay has occurred, Tenant shall notify Landlord in writing (which may be given by email) of (i) the event which constitutes such Commencement Date Delay (specifying in reasonably detail the nature of such Commencement Date Delay), and (ii) the date upon which such Commencement Date Delay is anticipated to end. If such actions, inaction or circumstance described in the notice set forth in (i) above of this Section 10 of this Tenant Work Letter (the "Delay Notice") are not cured by Landlord within one (1) Business Day of Landlord 's receipt of the Delay Notice and if such action, inaction or circumstance otherwise qualify as Commencement Date Delay, then a Commencement Date Delay shall be deemed to have occurred commencing as of the date of Landlord's receipt of the Delay Notice and ending on the date such delay ends. Re: Office Lease dated ____________, 20__ between _______________________, a _______________________ ("Landlord"), and _______________________, a _______________________ ("Tenant") concerning Suite ______ on floor(s) __________ of the office building located at ____________________________, _________________, California. Ladies and gentlemen: In accordance with the Office Lease (the "Lease"), we wish to advise you and/or confirm as follows:

Commencement Date Delays. The Subject to the terms of this Section 7, the Commencement Date shall occur as provided in Section 1 the Basic Lease Information of this Lease, provided that the Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements and/or Tenant’s move into the Premises Improvement Work to the extent caused by a “Commencement Date Delay,” Landlord Caused Delay (as that term is defined, defined below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements to occur more than ninety (90) days after the Delivery Date). As used herein, the term “Commencement Date Landlord Caused Delay” shall mean only a “Force Majeure Delay” or a “Landlord Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes, failure of utilities, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and inspections due to a city-wide absence of inspectors (provided that no Force Majeure Delay shall commence to accrue until after Tenant shall have delivered written notice thereof to Landlord). As used in this Tenant Work Letter, “Landlord Delay” ’’ shall mean actual delays in the construction of the Tenant Improvements to the extent resulting from (i) failure intentional or willful interference by Landlord or Landlord Parties (provided that the exercise of Landlord’s rights under this Agreement, including, without limitation, approval time periods and inspection rights under this Agreement, shall in no event constitute a Landlord Caused Delay) with the construction of the Tenant Improvement Work which objectively precludes or delays the construction of the Tenant Improvement Work, which intentional interference relates to timely approve access by Tenant, or disapprove any Working Drawings or Change Orders Tenant’s Agents to the Building or any other items set forth in this Tenant Work Letter requiring Landlord’s approval within time periods set forth in this Tenant Work Letter Building facilities or this Lease, service (including temporary power and parking areas as applicableprovided herein) during normal construction hours, or otherwise within a reasonable period of time (except to the extent deemed approved)use thereof during normal construction hours; (ii) material and unreasonable interference delays due to the intentional failure to act by Landlord, its agents Landlord or Landlord’s Agents Landlord Parties with respect to payment of the Tenant Improvement Allowance within deadlines provided for (except as otherwise allowed under this Tenant Work LetterAgreement); (iii) with failure of Landlord to timely grant any approval or disapproval (except to the Substantial Completion extent Landlord’s approval thereof is deemed approved pursuant to the terms of the Tenant Improvements;this Agreement).

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1 1.1(E) of this Lease, provided that the Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion "substantial completion of the Tenant Improvements and/or Tenant’s move into Improvements," as that term is defined below in this Section 5, in the Premises to the extent caused by a “"Commencement Date Delay,” as " provided that term is defined, below, but only Tenant shall use reasonable efforts to the extent adapt and compensate for any such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements to occur more than ninety (90) days after the Delivery Datedelays. As used herein, the term “"Commencement Date Delay” " shall mean only a “"Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from strikes, fire, windearthquake, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, or riots, to the extent such delay does not result from a failure by Tenant to pay any sum of money when due; provided, however, that in the event that a fire or earthquakesan explosion is caused by the willful misconduct of Tenant, failure of utilities, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and inspections due to such event(s) shall not be a city-wide absence of inspectors (provided that no Force Majeure Delay shall commence for purposes of this Tenant Work Letter unless and to accrue until after Tenant shall have delivered written notice thereof to the extent the lost rental suffered by Landlord is covered by Landlord)'s insurance. As used in this Tenant Work Letter, “"Landlord Caused Delay” " shall mean actual delays in the construction of the Tenant Improvements to the extent resulting from the acts or omissions of Landlord (except to the extent caused by the good faith exercise of Landlord's rights under this Tenant Work Letter) including, but not limited to, (i) failure of Landlord to timely approve or disapprove any Working Drawings or Change Orders or any other items set forth in this Tenant Work Letter requiring Landlord’s approval within time periods set forth in this Tenant Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved)Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents or contractors with the completion of the Tenant Improvements which objectively precludes or delays construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, its agents and contractors to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord’s Agents , its agents or contractors with respect to payment of the Tenant Improvement Allowance and/or any cessation of work upon the Tenant Improvements as a result thereof, (except iv) the failure to remediate hazardous materials located in the Building or the Project which are in violation of current law (other than those brought into the Building or the Project by Tenant),; (v) the failure of the Base Building to comply with Code as otherwise allowed under required by of Section 1 of this Tenant Work Letter; (vi) the failure of Landlord to deliver the Premises to Tenant in substantially the condition required by the Lease and this Exhibit C by September 1, 1996, except with respect to the Substantial Completion Crossover Improvements and the 47th Floor; (vii) Landlord's failure to complete the Crossover Improvements required by this Tenant Work Letter on or before the Commencement Date (provided that Landlord shall complete the Crossover Improvements in such a manner so as not to materially interfere with Tenant's construction of the Tenant Improvements;); and (viii) Landlord's failure to deliver the 47th Floor to Tenant in substantially the condition required by the Lease and this Exhibit C by November 1, 1996. If the construction of the Tenant Improvements are delayed because the Crossover Improvements were not completed by the time Tenant was otherwise ready to commence construction of the Tenant Improvements, and the construction of the Tenant Improvements would not have otherwise been delayed had such Crossover Improvements been completed, then to the extent Tenant is actually delayed in its construction of the Tenant Improvements because the Crossover Improvements were not complete, if Tenant provides the notice required by Section 5.2, below, such failure shall constitute a Landlord Caused Delay.

Commencement Date Delays. The Commencement Date with respect to each Portion of the Premises shall occur as provided in Section 1 2.1 of this the Lease, provided that the Commencement Date with respect to each Portion of the Premises shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements and/or Tenant’s move into the Premises to the extent caused by a “Commencement Date Delay,” as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements to occur more than ninety (90) days after the Delivery Date. As used herein, the term “Commencement Date Delay” shall mean only a “Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 5.5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikesan event of Force Majeure, fire, wind, damage or destruction to as that term is defined in Section 29.15 of the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes, failure of utilities, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and inspections due to a city-wide absence of inspectors (provided that no Force Majeure Delay shall commence to accrue until after Tenant shall have delivered written notice thereof to Landlord)Lease. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays in the construction of the Tenant Improvements to the extent resulting from (i) the failure of Landlord to timely approve or disapprove any Working Drawings or Change Orders or any other items set forth in this Tenant Work Letter requiring Landlord’s approval within time periods set forth in this Tenant Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved)Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents delays due to the acts or Landlord’s Agents failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter); (iii) with any other act or omission of Landlord or any Landlord Party in violation of the Substantial Completion Lease or this Tenant Work Letter which actually delays construction of the Tenant Improvements;; or (iv) delays in construction of the Tenant Improvements due to failure of the Base Building to be constructed in accordance with applicable Laws.