Common use of Commencement Date Delays Clause in Contracts

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 of the Summary. However, if Substantial Completion is delayed beyond the Target Date due to a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay, as those terms are defined below, then the Target Date, for purposes of establishing the Commencement Date, shall be extended by the number of days equal to the number of days of the Permit Delay, the Landlord Caused Delay and/or the Unavoidable Delay. The term "PERMIT DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from the issuance of the Permits after the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tenaxx'x xailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay). The term, "LANDLORD CAUSED DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date to the extent resulting from (i) the material interference by Landlord, its agents or contractors with Substantial Completion, (ii) Landlord's failure to abide by the time periods required of Landlord for approvals hereunder, (iii) Landlord's failure to substantially complete and deliver Landxxxx'x Xork prior to the Target Date or (iv) the failure of an MPE Contractor designated by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available to Tenant were it not for Landlord's designation of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delay, but excluding delays resulting from the inability to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer (but only to the extent the acts or omissions of the Engineer relate to the Tenant Improvements). If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE") of the event which constitutes such delay and the delay shall be deemed to have occurred commencing as of the date of the commencement of such delay provided Tenant gives Landlord written notice of such delay within two (2) business days after the date Tenant first has knowledge of such delay, otherwise such delay will be deemed to have occurred commencing as of the date of Landlord's receipt of the Delay Notice. In the event of a dispute as to any such Landlord Caused Delay, Permit Delay or Unavoidable Delay, a mutually acceptable architect shall determine the existence and extent of the delay. Notwithstanding the foregoing, if Tenant fails to submit to the appropriate governmental authorities a complete application for the Permits by September 14, 1999 (as such date is subject to extension on a day for day basis for each day of delay in Tenant's submission due to Landlord's failure to comply with the time periods required of Landlord for approvals hereunder), then the number of days for the extension of the Target Date due to Permit Delays as provided above will be reduced by one (1) day for each day that Tenant delays in making such submission beyond September 14, 1999 (as such date may be extended as provided above).

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 1 of the Summary. Howeverthis Lease, if Substantial Completion is delayed beyond the Target Date due to a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay, as those terms are defined below, then the Target Date, for purposes of establishing provided that the Commencement Date, Date shall be extended by the number of days equal of actual delay of the Substantial Completion of the Tenant Improvements and/or Tenant’s move into the Premises to the number of days 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 Permit DelayTenant Improvements to occur more than ninety (90) days after the Delivery Date. As used herein, the Landlord Caused Delay and/or the Unavoidable term “Commencement Date Delay. The term "PERMIT 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 in Substantial Completion beyond the Target Date resulting from strikes, fire, wind, damage or destruction to the issuance 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 Permits after the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tenaxx'x xailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay). The term, "LANDLORD CAUSED DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date 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 contractors Landlord’s Agents (except as otherwise allowed under this Tenant Work Letter) with Substantial Completion, (ii) Landlord's failure to abide by the time periods required of Landlord for approvals hereunder, (iii) Landlord's failure to substantially complete and deliver Landxxxx'x Xork prior to the Target Date or (iv) the failure of an MPE Contractor designated by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available to Tenant were it not for Landlord's designation of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delay, but excluding delays resulting from the inability to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer (but only to the extent the acts or omissions of the Engineer relate to the Tenant Improvements). If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE") of the event which constitutes such delay and the delay shall be deemed to have occurred commencing as of the date of the commencement of such delay provided Tenant gives Landlord written notice of such delay within two (2) business days after the date Tenant first has knowledge of such delay, otherwise such delay will be deemed to have occurred commencing as of the date of Landlord's receipt of the Delay Notice. In the event of a dispute as to any such Landlord Caused Delay, Permit Delay or Unavoidable Delay, a mutually acceptable architect shall determine the existence and extent of the delay. Notwithstanding the foregoing, if Tenant fails to submit to the appropriate governmental authorities a complete application for the Permits by September 14, 1999 (as such date is subject to extension on a day for day basis for each day of delay in Tenant's submission due to Landlord's failure to comply with the time periods required of Landlord for approvals hereunder), then the number of days for the extension of the Target Date due to Permit Delays as provided above will be reduced by one (1) day for each day that Tenant delays in making such submission beyond September 14, 1999 (as such date may be extended as provided above).;

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 of the Summary. Howeverthis Lease, if Substantial Completion is delayed beyond the Target Date due to a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay, as those terms are defined below, then the Target Date, for purposes of establishing provided that the Commencement Date, Date shall be extended by the number of days equal to the number of days actual delay of the Permit Delay, the Landlord Caused Delay and/or the Unavoidable Delay. The term "PERMIT DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from the issuance of the Permits after Tenant Improvements and/or Tenant’s move into the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tenaxx'x xailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay). The term, "LANDLORD CAUSED DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date Premises to the extent resulting from caused by a “Commencement Date Delay,” as that term is defined below. As used herein, the term “Commencement Date Delay” shall mean only a Force Majeure Delay (as defined in the Lease) or a Landlord Caused Delay. As used herein, the term “Landlord Caused Delay” shall mean the following to the extent actually causing delays in the completion of the Tenant Improvements (i) failure of Landlord to timely approve or disapprove any Final Plans or change orders or any other items set forth in this Work Letter requiring Landlord’s approval within time periods set forth in this Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved); (ii) delays due to the wrongful acts or failures to act of Landlord or its property management company, including, without limitation, with respect to payment of the Tenant Improvement Allowance even though all disbursement requests have been satisfied; (iii) material and unreasonable interference by Landlord, its agents or contractors Landlord Affiliates (except as otherwise allowed under this Work Letter) with the Substantial CompletionCompletion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, (ii) Landlord's failure which interference relates to abide access by the time periods required of Landlord for approvals hereunderTenant, (iii) Landlord's failure to substantially complete and deliver Landxxxx'x Xork prior or Tenant’s Contractor or Tenant’s agents to the Target Date Building or any Building facilities (including loading docks and elevators but in each case subject to the availability of such loading docks and elevators and Landlord’s scheduling requirements with respect thereto) 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; (iv) Landlord’s failure to deliver the failure Premises in Base Building Condition as and when required or to timely complete any work required to be completed by Landlord; (v) delays due to Material Latent Defects; and (vi) the discovery by Tenant of an MPE Contractor designated Hazardous Materials in the Premises that were not brought into the Premises by Landlord Tenant or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available to Tenant were it not for Landlord's designation of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delayagents, but excluding delays resulting from the inability to procure materials and delays caused by the acts contractors, subcontractors or omissions of Tenant's Agents, the Architect or the Engineer (but only to the extent the acts or omissions of the Engineer relate to the Tenant Improvements)employees. If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Commencement Date Delay has occurred, Tenant shall notify Landlord in writing of (the "DELAY NOTICE"i) of the event which constitutes such delay Commencement Date Delay and (ii) the delay date upon which such Commencement Date Delay is anticipated to end. In connection with any Commencement Date Delays, if such actions, inaction or circumstance described in the Notice (the “Delay Notice”) are not cured by Landlord within two (2) business days of Landlord’s receipt of the Delay Notice and if such action, inaction or circumstance otherwise qualify as a Commencement Date Delay, then a Commencement Date Delay shall be deemed to have occurred commencing as of the date of the commencement of such delay provided Tenant gives Landlord written notice of such delay within two that is three (23) business days after following Landlord’s receipt of the date Tenant first has knowledge of such delay, otherwise such delay will be deemed to have occurred commencing Delay Notice and ending as of the date of Landlord's receipt such delay ends. CONSTRUCTION RULES AND REGULATIONS 12130, 12150 and 00000 Xxxxxxxxxx Xxxxx Xxxxx, XX 00000 Please contact The Office of the Delay Notice. In the event Building at least 24 hours in advance of a dispute as to any such Landlord Caused Delay, Permit Delay or Unavoidable Delay, a mutually acceptable architect shall determine the existence and extent scheduling work so that we can make sure we have received all of the delayrequired paperwork. Notwithstanding You must abide by the foregoingfollowing construction rules & regulations at all times. Property Information: Property Owner: CV Latitude 34 LLC Property Management Company: LPC West, if Tenant fails to submit to the appropriate governmental authorities a complete application for the Permits by September 14, 1999 (as such date is subject to extension on a day for day basis for each day of delay in Tenant's submission due to Landlord's failure to comply with the time periods required of Landlord for approvals hereunder), then the number of days for the extension LLC Office of the Target Date due to Permit Delays as provided above will be reduced by one (1) day for each day that Tenant delays in making such submission beyond September 14Building 00000 Xxxxxxxxxx Xxxxx 000 Xxxxx Xxxxx, 1999 (as such date may be extended as provided above).XX 00000 000 000 0000 Office 000 000 0000 Facsimile Email: xxxxx@0xx.xxx xxxxxx-xxxxxx@ipc.con-i General:

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 1.1(E) of this Lease, provided that the Commencement Date shall be delayed by the number of days of delay of the Summary"substantial completion of the Tenant Improvements," as that term is defined below in this Section 5, in the Premises to the extent caused by a "Commencement Date Delay," provided that Tenant shall use reasonable efforts to adapt and compensate for any such delays. HoweverAs used herein, if Substantial Completion is delayed beyond the Target term "Commencement Date due to Delay" shall mean only a Permit "Force Majeure Delay, " or a "Landlord Caused Delay or an Unavoidable Delay, ," as those terms are defined belowbelow in this Section 5.1. As used herein, then the Target Dateterm "Force Majeure Delay" shall mean only an actual delay resulting from strikes, fire, earthquake, damage or destruction to the Building, explosion, flood, hurricane, the elements, acts of God or the public enemy, war, invasion, insurrection, rebellion, 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 an explosion is caused by the willful misconduct of Tenant, such event(s) shall not be a Force Majeure Delay for purposes of establishing the Commencement Date, shall be extended by the number of days equal this Tenant Work Letter unless and to the number of days of extent the Permit Delaylost rental suffered by Landlord is covered by Landlord's insurance. As used in this Tenant Work Letter, the "Landlord Caused Delay and/or the Unavoidable Delay. The term "PERMIT DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from the issuance of the Permits after the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tenaxx'x xailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay). The term, "LANDLORD CAUSED DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date 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) the failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material interference by Landlord, its agents or contractors with Substantial Completionthe 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, 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, (iiiv) 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 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 Crossover Improvements and the 47th Floor; (vii) Landlord's failure to abide complete the Crossover Improvements required by this Tenant Work Letter on or before the time periods required 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 Landlord for approvals hereunder, the Tenant Improvements); and (iiiviii) Landlord's failure to deliver the 47th Floor to Tenant in substantially complete the condition required by the Lease and deliver Landxxxx'x Xork prior to this Exhibit C by November 1, 1996. If the Target Date or (iv) construction of the failure of an MPE Contractor designated Tenant Improvements are delayed because the Crossover Improvements were not completed by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that Tenant was otherwise ready to commence construction of the work could have been reasonably performed by another similarly qualified contractor who Tenant Improvements, and the construction of the Tenant Improvements would not have otherwise been available to Tenant were it not for Landlord's designation of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delaydelayed had such Crossover Improvements been completed, but excluding delays resulting from the inability to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer (but only then to the extent the acts or omissions Tenant is actually delayed in its construction of the Engineer relate to Tenant Improvements because the Crossover Improvements were not complete, if Tenant Improvements). If Tenant contends that a Permit Delayprovides the notice required by Section 5.2, below, such failure shall constitute a Landlord Caused Delay or an Unavoidable Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE") of the event which constitutes such delay and the delay shall be deemed to have occurred commencing as of the date of the commencement of such delay provided Tenant gives Landlord written notice of such delay within two (2) business days after the date Tenant first has knowledge of such delay, otherwise such delay will be deemed to have occurred commencing as of the date of Landlord's receipt of the Delay Notice. In the event of a dispute as to any such Landlord Caused Delay, Permit Delay or Unavoidable Delay, a mutually acceptable architect shall determine the existence and extent of the delay. Notwithstanding the foregoing, if Tenant fails to submit to the appropriate governmental authorities a complete application for the Permits by September 14, 1999 (as such date is subject to extension on a day for day basis for each day of delay in Tenant's submission due to Landlord's failure to comply with the time periods required of Landlord for approvals hereunder), then the number of days for the extension of the Target Date due to Permit Delays as provided above will be reduced by one (1) day for each day that Tenant delays in making such submission beyond September 14, 1999 (as such date may be extended as provided above).

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 1.06 of this Lease; provided that the “Build-Out Period” shall be extended on a day-for-day basis by the number of actual days of delay of the Summary. However, if “Substantial Completion of the Initial Alterations,” as that term is delayed defined in Section K.2 below beyond November 1, 2007, to the Target extent actually and directly caused by a “Commencement Date due to Delay,” as that term is defined below. As used herein, the term “Commencement Date Delay” shall mean only a Permit “Force Majeure Delay, ” or a “Landlord Caused Delay or an Unavoidable Delay, ,” as those terms are defined below, then the Target Date, below in this Section K. Solely for purposes of establishing the this Work Letter and in determining a Commencement Date, shall be extended by the number of days equal to the number of days of the Permit Date Delay, the Landlord Caused Delay and/or the Unavoidable term “Force Majeure Delay. The term "PERMIT DELAY" ” shall mean only an actual delay in Substantial Completion resulting from fire, wind, damage or destruction to the Buildings, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, strikes, 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 governmental inspections beyond the Target Date resulting from time period that would normally be required to secure such permits and inspections on an objective basis by any other person or entity constructing improvements comparable to the issuance Initial Alterations; provided, however, in no event shall a “Force Majeure Delay” include any delay to the extent caused by the non-general office nature of the Permits after build-out of the date that is twenty (20) business days following Tenant's submission to the appropriate governmental authorities of a complete application for the Permits (however, delays caused by incomplete or inaccurate submissions by Tenant, Tenaxx'x xailure to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Initial Alterations. A “Landlord Caused Delay). The term, "LANDLORD CAUSED DELAY" ” shall mean an actual delay in Substantial Completion beyond the Target Date delays to the extent resulting from the acts or omissions of Landlord or the Landlord Related Parties, including, without limitation, (i) except to the extent Landlord’s approval under this Work Letter is deemed granted pursuant to the terms of this Work Letter, failure of Landlord to timely approve or disapprove the Final Space Plan, Final Working Drawings, any Tenant Change, or any other plans or specifications for the Initial Alterations within the time periods set forth in this Work Letter or the Lease, as applicable, or otherwise within a reasonable period of time; (ii) material and unreasonable interference by Landlord, its agents, or the Landlord Related Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Initial Alterations and which objectively preclude or delay the construction of tenant improvements in the Building or any portion thereof, which interference relates to access by Tenant, or Tenant’s agents to the Building or contractors with Substantial Completionany reasonably necessary Building facilities (including loading docks and freight elevators) or service and utilities (including temporary power and parking areas as provided herein) on a twenty-four (24) hour per day, seven (ii7) Landlord's failure to abide by the time periods required of Landlord for approvals hereunderdays per week, basis; (iii) Landlord's failure to substantially complete and deliver Landxxxx'x Xork prior to the Target Date a material breach by Landlord of a provision of this Work Letter or as specifically provided in this Work Letter; (iv) Landlord’s failure to maintain a temporary or permanent certificate of occupancy or its alternative for the Building by the date of execution of this Lease; (v) Landlord’s failure to deliver possession of an MPE Contractor designated by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available Premises to Tenant were it not for Landlord's designation in accordance with Section 3.02 of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delay, but excluding Lease; and (vi) delays resulting from the inability due to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer (but only failures to the extent the acts or omissions of the Engineer relate to the Tenant Improvements). If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE") of the event which constitutes such delay and the delay shall be deemed to have occurred commencing as of the date of the commencement of such delay provided Tenant gives Landlord written notice of such delay within two (2) business days after the date Tenant first has knowledge of such delay, otherwise such delay will be deemed to have occurred commencing as of the date act of Landlord's receipt of the Delay Notice. In the event of a dispute as to any such Landlord Caused Delay, Permit Delay its agents, employees or Unavoidable Delay, a mutually acceptable architect shall determine the existence and extent of the delay. Notwithstanding the foregoing, if Tenant fails to submit to the appropriate governmental authorities a complete application for the Permits by September 14, 1999 (as such date is subject to extension on a day for day basis for each day of delay in Tenant's submission due to Landlord's failure to comply with the time periods required of Landlord for approvals hereunder), then the number of days for the extension of the Target Date due to Permit Delays as provided above will be reduced by one (1) day for each day that Tenant delays in making such submission beyond September 14, 1999 (as such date may be extended as provided above)contractors.

Commencement Date Delays. The Commencement Date shall occur as provided in Section 1.7 7(b) of the Summary. Howeverthis Tenant Work Letter, if Substantial Completion is delayed beyond the Target Date due to a Permit Delay, a Landlord Caused Delay or an Unavoidable Delay, as those terms are defined below, then the Target Date, for purposes of establishing provided that the Commencement Date, Date shall be extended by the number of days equal to the number of days actual delay of the Permit Substantial Completion of the Tenant Improvements is caused by a Commencement Date Delay, as that term is defined below. As used herein, the Landlord Caused Delay and/or the Unavoidable Delay. The term "PERMIT DELAYCommencement Date Delay" shall mean only a "Force Majeure Delay" or a "Landlord Delay," as those terms are defined below in this Section 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 Substantial Completion beyond the Target Date aggregate) resulting from the issuance of the Permits after the date that is twenty (20) business days following Tenant's submission strikes, fire, wind, damage or destruction to the appropriate governmental authorities Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of a complete application for God or the Permits (howeverpublic enemy, delays caused 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 on an objective basis by incomplete any other person or inaccurate submissions by Tenant, Tenaxx'x xailure entity constructing improvements comparable to respond to inquiries or requested changes by the governmental authorities with due diligence or changes to submissions by Tenant shall not constitute a Permit Delay)Lessee’s Work. The termAs used in this Work Letter, "LANDLORD CAUSED DELAYLandlord Delay" shall mean an actual delay in Substantial Completion beyond the Target Date delays 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 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 or 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 contractors any other Landlord party with the Substantial CompletionCompletion 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 (iiincluding loading docks and freight elevators) Landlord's failure to abide by or service and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the time periods required of Landlord for approvals hereunder, use thereof during normal construction hours; (iii) Landlord's failure delays due to substantially complete and deliver Landxxxx'x Xork prior to the Target Date or (iv) the failure of an MPE Contractor designated by Landlord or any other subcontractor designated by Landlord to perform its work in a timely manner (a "timely manner" shall mean the time that the work could have been reasonably performed by another similarly qualified contractor who would have otherwise been available express obligations under this Tenant Work Letter, including without limitation, with respect to Tenant were it not for Landlord's designation payment of the subcontractor in question). The term "UNAVOIDABLE DELAY" shall mean an actual delay in Substantial Completion beyond the Target Date resulting from a Force Majeure Delay, but excluding delays resulting from the inability to procure materials and delays caused by the acts or omissions of Tenant's Agents, the Architect or the Engineer Tenant Improvement Allowance (but only to the extent the acts or omissions except as otherwise allowed under this Tenant Work Letter) and/or cessation of the Engineer relate Tenant Improvements as a result thereof; (iv) Landlord’s failure to deliver the Premises in the required condition; and (v) the discovery by Tenant Improvements)of Hazardous Materials in the Premises in violation of applicable laws. If Tenant contends that a Permit Delay, a Landlord Caused Delay or an Unavoidable Commencement Date Delay has occurred, Tenant shall notify Landlord in writing (the "DELAY NOTICE"which may be given by email) of (i) the event which constitutes such delay Commencement Date Delay (specifying in reasonably detail the nature of such Commencement Date Delay), and (ii) the delay shall be deemed date upon which such Commencement Date Delay is anticipated to have occurred commencing as 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 date of the commencement of Delay Notice and if such delay provided Tenant gives Landlord written notice of such delay within two (2) business days after the date Tenant first has knowledge of such delayaction, inaction or circumstance otherwise such delay will 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 NoticeNotice and ending on the date such delay ends. In the event of a dispute as to any such Landlord Caused DelayEXHIBIT C NOTICE OF LEASE TERM DATES To: Re: Office Lease dated ____________, Permit Delay or Unavoidable Delay20__ between _______________________, a mutually acceptable architect shall determine the existence _______________________ ("Landlord"), and extent _______________________, a _______________________ ("Tenant") concerning Suite ______ on floor(s) __________ of the delayoffice building located at ____________________________, _________________, California. Notwithstanding the foregoing, if Tenant fails to submit to the appropriate governmental authorities a complete application for the Permits by September 14, 1999 (as such date is subject to extension on a day for day basis for each day of delay in Tenant's submission due to Landlord's failure to comply Ladies and gentlemen: In accordance with the time periods required of Landlord for approvals hereunderOffice Lease (the "Lease"), then the number of days for the extension of the Target Date due we wish to Permit Delays advise you and/or confirm as provided above will be reduced by one (1) day for each day that Tenant delays in making such submission beyond September 14, 1999 (as such date may be extended as provided above).follows: