Common use of Completion of the Landlord’s Work Clause in Contracts

Completion of the Landlord’s Work. 4.1 In the event that Landlord anticipates that the Landlord’s Work will not be completed by the Scheduled Commencement Date or that any portion of the Landlord’s Work will not be completed in line with the Construction Schedule, Landlord shall promptly inform Tenant For purposes of this Work Letter and this Lease, the term “Substantial Completion” (or its grammatical variations) with respect to the Landlord’s Work shall mean when the Landlord’s Work has been completed in accordance with the Plans and the terms of this Work Letter notwithstanding that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, the non-completion of which will not materially adversely interfere with the Permitted Uses of the Premises by Tenant. Substantial Completion shall be evidenced by (a) the issuance of a certificate of substantial completion from the Architect on the then current form issued by the American Institute of Architects, and (b) the receipt of a certificate of occupancy (whether permanent or temporary) issued by the applicable local governmental authority; provided, however, that for the purposes of determining whether or not Substantial Completion has occurred, in the event that a certificate of occupancy has not been issued by the Scheduled Commencement Date but either (i) an authorization to occupy the Premises has been provided by the local building code enforcement officer pending the issuance of a certificate of occupancy in due course, or (ii) such sign-offs as are required under applicable municipal law in order to permit the occupancy of the Premises by Tenant have been provided by the local building code enforcement officer in the event that certificates of occupancy are not issued by the local building code enforcement officer or applicable local governmental authority, then subsection (b) hereinabove in this Section 4.1 shall nonetheless be deemed to have been satisfied. Notwithstanding the foregoing, in no event shall Substantial Completion be deemed to have occurred unless Tenant shall have been given fifteen (15) days prior access to the Premises for installation of Tenant’s furniture, fixtures and equipment and to complete Tenant’s Tel/Data Work, with such access to be provided for in the Construction Schedule and coordinated pursuant to Section 6 of this Work Letter (the “Tenant’s Guaranteed Access Period”); provided, however, in the event that any such furniture, fixtures or equipment are not installed and Tenant’s Tel/Data Work is not complete by the end of Tenant’s Guaranteed Access Period, so long as the Landlord’s Work is Substantially Complete such that the evidence of Substantial Completion required under subsections (a) and (b) hereinabove in this Section 4.1 would otherwise be provided but for Tenant’s failure to install such furniture, fixtures or equipment or complete Tenant’s Tel/Data Work, then Substantial Completion will nonetheless be deemed to have occurred. Contemporaneous with the Substantial Completion of the Landlord’s Work, Landlord shall provide Tenant with a preliminary list of the items of Landlord’s Work which Landlord believes remain to be completed. Landlord and Tenant shall then promptly jointly inspect the Premises and note any additional items of Landlord’s Work that remain to be completed and any items of Landlord’s Work noted on Landlord’s preliminary list that have been completed. On the basis of Landlord’s preliminary list, as modified during Landlord’s and Tenant’s joint inspection, Landlord shall prepare and deliver to Tenant a final list (the “Punch List”) setting forth all of the items of the Landlord’s Work that remain to be completed. Landlord shall use reasonable efforts to cause all items set forth on the Punch List to be completed within one (1) month following preparation of the Punch List unless the item is a long-lead item that cannot reasonably by completed within that period, in which event Landlord shall diligently complete the same as soon as reasonably practicable, subject to delays caused by Force Majeure. Without limiting the applicability of Landlord’s repair and maintenance obligations under this Lease, Landlord warrants all the Landlord’s Work required or performed under this Lease shall be free from defects in material or workmanship for a period of one (1) year following the Commencement Date. To the extent that any vendor provides Landlord with any warranty for any work performed or materials provided pursuant to this Work Letter, Landlord agrees, at Tenant’s election, either to assign such warranty to Tenant or diligently enforce for the benefit of Tenant Landlord’s rights and remedies provided by such warranty. 4.2 A Tenant Delay” shall be deemed to have occurred if Landlord shall be delayed in Substantially Completing the Landlord’s Work or in obtaining the evidence thereof pursuant to subsections (a) and (b) in Section 4.1 of this Work Letter as a result of any one or more of the following: 4.2.1 Tenant’s failure to pay any amounts required hereunder within the period set forth herein; or 4.2.2 Tenant’s request for any materials, finishes or installations other than as listed on Schedule I hereof; or 4.2.3 Tenant’s delay in supplying the Architect or any of the Consultants with any requested information; or 4.2.4 The performance or completion by Tenant, or any person or entity employed by Tenant, of any work on or about the Premises during any period other than Tenant’s Guaranteed Access Period, including, without limitation, any disharmony, labor disturbance or interference caused by such performance or completion; or 4.2.5 A Tenant Change; or 4.2.6 So long as Tenant’s Guaranteed Access Period commences on or before March 17, 2009 (subject to day-for-day delays caused by Force Majeure, Architect Delay and any other Tenant Delay), if Tenant fails to install all of Tenant’s furniture, fixtures or equipment or complete Tenant’s Tel/Data Work prior to the expiration of Tenant’s Guaranteed Access Period. Landlord shall provide Tenant with notice of any Tenant Delay within one (1) business day following the date upon which Landlord is aware or has been made aware that such Tenant Delay has occurred and Landlord’s failure to do so shall constitute a waiver by Landlord of such particular Tenant Delay.

Completion of the Landlord’s Work. 4.1 4.1. In the event that Landlord anticipates that the Landlord’s Phase I Work will shall not be completed by the Phase I Premises Scheduled Commencement Date or that any portion Date, Landlord shall give Tenant not less than ten (10) days’ notice in writing of the date upon which Landlord expects to tender the Phase I Premises with the Landlord’s Phase I Work will not be substantially completed in line with the Construction Schedule, and ready for occupancy and Landlord shall take such action as may be necessary to promptly inform Tenant For purposes of this Work Letter and this Lease, the term “Substantial Completion” (or its grammatical variations) with respect to complete the Landlord’s Phase I Work and shall mean notify Tenant in writing as soon as such work has been completed. In the event of any dispute as to when and whether the Landlord’s Phase I Work has been completed in accordance with the Plans and the terms of this Work Letter notwithstanding that minor or insubstantial details of constructionsubstantially completed, mechanical adjustment or decoration remain to be performed, the non-completion of which will not materially adversely interfere with the Permitted Uses of the Premises by Tenant. Substantial Completion shall be evidenced by either (ai) the issuance of a certificate of substantial completion from the Architect on the then current form issued by the American Institute of Architects, and (b) the receipt of a certificate of occupancy (whether permanent temporary or temporarypermanent) issued by the applicable local governmental authority; provided, however, that for the purposes of determining whether or not Substantial Completion has occurred, in the event that a certificate of occupancy has not been issued by the Scheduled Commencement Date but either (iii) an written authorization to occupy the Premises has been provided by the local building code enforcement officer pending the issuance of officer, or (iii) if a certificate of occupancy in due courseis not required by such local governmental authority, or (ii) such written sign-offs as are required under applicable municipal law in order to permit the occupancy (any of the Premises by Tenant have been provided by authorizations referred to in such items (i), (ii) or (iii) are referred to hereunder as, a “Certificate of Occupancy”) shall be conclusive evidence of such completion, effective on the local building code enforcement officer in date of the delivery of a copy of any such Certificate of Occupancy to Tenant. 4.2. In the event that certificates of occupancy are not issued by the local building code enforcement officer or applicable local governmental authority, then subsection (b) hereinabove in this Section 4.1 shall nonetheless be deemed to have been satisfied. Notwithstanding the foregoing, in no event shall Substantial Completion be deemed to have occurred unless Tenant shall have been given fifteen (15) days prior access to the Premises for installation of Tenant’s furniture, fixtures and equipment and to complete Tenant’s Tel/Data Work, with such access to be provided for in the Construction Schedule and coordinated pursuant to Section 6 of this Work Letter (the “Tenant’s Guaranteed Access Period”); provided, however, in the event Landlord anticipates that any such furniture, fixtures or equipment are not installed and Tenant’s Tel/Data Work is not complete by the end of Tenant’s Guaranteed Access Period, so long as the Landlord’s Phase II Work is Substantially Complete such that shall not be completed by the evidence Phase II Premises Scheduled Commencement Date, Landlord shall give Tenant not less than ten (10) days’ notice in writing of Substantial Completion required under subsections (a) and (b) hereinabove in this Section 4.1 would otherwise be provided but for Tenant’s failure the date upon which Landlord expects to install such furniture, fixtures or equipment or complete Tenant’s Tel/Data Work, then Substantial Completion will nonetheless be deemed to have occurred. Contemporaneous tender the Phase II Premises with the Substantial Completion of the Landlord’s Work, Phase II Work substantially completed and ready for occupancy and Landlord shall provide Tenant with a preliminary list of take such action as may be necessary to promptly complete the items of Landlord’s Phase II Work which Landlord believes remain to be completed. Landlord and shall notify Tenant shall then promptly jointly inspect the Premises and note any additional items of Landlord’s Work that remain to be completed and any items of Landlord’s Work noted on Landlord’s preliminary list that have in writing as soon as such work has been completed. On In the basis event of Landlord’s preliminary list, any dispute as modified during Landlord’s to when and Tenant’s joint inspection, Landlord shall prepare and deliver to Tenant a final list (the “Punch List”) setting forth all of the items of whether the Landlord’s Phase II Work that remain to has been substantially completed, a Certificate of Occupancy shall be completed. Landlord shall use reasonable efforts to cause all items set forth conclusive evidence of such completion, effective on the Punch List to be completed within one (1) month following preparation date of the Punch List unless the item is delivery of a long-lead item that cannot reasonably by completed within that period, in which event Landlord shall diligently complete the same as soon as reasonably practicable, subject copy of any such Certificate of Occupancy to delays caused by Force Majeure. Without limiting the applicability of Landlord’s repair and maintenance obligations under this Lease, Landlord warrants all the Landlord’s Work required or performed under this Lease shall be free from defects in material or workmanship for a period of one (1) year following the Commencement Date. To the extent that any vendor provides Landlord with any warranty for any work performed or materials provided pursuant to this Work Letter, Landlord agrees, at Tenant’s election, either to assign such warranty to Tenant or diligently enforce for the benefit of Tenant Landlord’s rights and remedies provided by such warranty. 4.2 A Tenant Delay” shall be deemed to have occurred if 4.3. If Landlord shall be delayed in Substantially Completing substantially completing the Landlord’s Phase I Work, the Landlord’s Phase II Work or in obtaining the evidence thereof pursuant to subsections (a) and (b) in Section 4.1 Certificate of this Work Letter Occupancy for the Phase II Premises or a certificate of substantial completion for either the Phase I Premises or the Phase II Premises as a result of any act or omission by Tenant, its agents, employees, representatives or contractors, or any one or more of them, including, without limitation, the following: 4.2.1 Tenant4.3.1. Xxxxxx’s failure to pay any amounts required hereunder within the period set forth herein; or 4.2.2 4.3.2. Tenant’s request for any materials, finishes finishes, equipment, installations or installations specialty items other than as listed on Schedule I and Schedule II hereof; or 4.2.3 4.3.3. Tenant’s delay in supplying the Architect or any of the Consultants or the Contractor with any requested information; or 4.2.4 4.3.4. Tenant’s changes after the Lease Reference Date in any one or more of the Concept Plan, the Work Letter or the Plans (other than to correct errors or to bring the Plans into compliance with the Concept Plan or the Work Letter), regardless of Landlord’s approval of any such changes; or 4.3.5. The performance or completion by Tenant, or any person or entity employed by Tenant, of any work on or about the Premises during any period other than Tenant’s Guaranteed Access PeriodPremises, including, without limitation, any disharmony, labor disturbance or interference caused by such performance or completion; or 4.2.5 A 4.3.6. Any other act or omission by Tenant Changeor any of its agents, employees, representatives or contractors; or 4.2.6 So long as Tenant’s Guaranteed Access Period commences on or before March 17then, 2009 notwithstanding the fact that substantial completion has not occurred, (subject to day-for-day delays caused a) the Commencement Date shall be accelerated by Force Majeure, Architect Delay and any other the number of days of such Tenant Delay), if Tenant fails to install all and (b) any increase in cost of Tenant’s furniture, fixtures or equipment or complete Tenant’s Tel/Data Work prior to the expiration of Tenant’s Guaranteed Access Period. Landlord shall provide Tenant with notice of any Tenant Delay within one (1) business day following the date upon which Landlord is aware or has been made aware that such Tenant Delay has occurred and Landlord’s failure to do so shall constitute Work as a waiver by Landlord result of such particular Tenant Delay.

Completion of the Landlord’s Work. 4.1 4.1. In the event that Landlord anticipates that the Landlord’s Phase I Work will shall not be completed by the Phase I Premises Scheduled Commencement Date or that any portion Date, Landlord shall give Tenant not less than ten (10) days’ notice in writing of the date upon which Landlord expects to tender the Phase I Premises with the Landlord’s Phase I Work will not be substantially completed in line with the Construction Schedule, and ready for occupancy and Landlord shall take such action as may be necessary to promptly inform Tenant For purposes of this Work Letter and this Lease, the term “Substantial Completion” (or its grammatical variations) with respect to complete the Landlord’s Phase I Work and shall mean notify Tenant in writing as soon as such work has been completed. In the event of any dispute as to when and whether the Landlord’s Phase I Work has been completed in accordance with the Plans and the terms of this Work Letter notwithstanding that minor or insubstantial details of constructionsubstantially completed, mechanical adjustment or decoration remain to be performed, the non-completion of which will not materially adversely interfere with the Permitted Uses of the Premises by Tenant. Substantial Completion shall be evidenced by either (ai) the issuance of a certificate of substantial completion from the Architect on the then current form issued by the American Institute of Architects, and (b) the receipt of a certificate of occupancy (whether permanent temporary or temporarypermanent) issued by the applicable local governmental authority; provided, however, that for the purposes of determining whether or not Substantial Completion has occurred, in the event that a certificate of occupancy has not been issued by the Scheduled Commencement Date but either (iii) an written authorization to occupy the Premises has been provided by the local building code enforcement officer pending the issuance of officer, or (iii) if a certificate of occupancy in due courseis not required by such local governmental authority, or (ii) such written sign-offs as are required under applicable municipal law in order to permit the occupancy (any of the Premises by Tenant have been provided by authorizations referred to in such items (i), (ii) or (iii) are referred to hereunder as, a “Certificate of Occupancy”) shall be conclusive evidence of such completion, effective on the local building code enforcement officer in date of the delivery of a copy of any such Certificate of Occupancy to Tenant. 4.2. In the event that certificates of occupancy are not issued by the local building code enforcement officer or applicable local governmental authority, then subsection (b) hereinabove in this Section 4.1 shall nonetheless be deemed to have been satisfied. Notwithstanding the foregoing, in no event shall Substantial Completion be deemed to have occurred unless Tenant shall have been given fifteen (15) days prior access to the Premises for installation of Tenant’s furniture, fixtures and equipment and to complete Tenant’s Tel/Data Work, with such access to be provided for in the Construction Schedule and coordinated pursuant to Section 6 of this Work Letter (the “Tenant’s Guaranteed Access Period”); provided, however, in the event Landlord anticipates that any such furniture, fixtures or equipment are not installed and Tenant’s Tel/Data Work is not complete by the end of Tenant’s Guaranteed Access Period, so long as the Landlord’s Phase II Work is Substantially Complete such that shall not be completed by the evidence Phase II Premises Scheduled Commencement Date, Landlord shall give Tenant not less than ten (10) days’ notice in writing of Substantial Completion required under subsections (a) and (b) hereinabove in this Section 4.1 would otherwise be provided but for Tenant’s failure the date upon which Landlord expects to install such furniture, fixtures or equipment or complete Tenant’s Tel/Data Work, then Substantial Completion will nonetheless be deemed to have occurred. Contemporaneous tender the Phase II Premises with the Substantial Completion of the Landlord’s Work, Phase II Work substantially completed and ready for occupancy and Landlord shall provide Tenant with a preliminary list of take such action as may be necessary to promptly complete the items of Landlord’s Phase II Work which Landlord believes remain to be completed. Landlord and shall notify Tenant shall then promptly jointly inspect the Premises and note any additional items of Landlord’s Work that remain to be completed and any items of Landlord’s Work noted on Landlord’s preliminary list that have in writing as soon as such work has been completed. On In the basis event of Landlord’s preliminary list, any dispute as modified during Landlord’s to when and Tenant’s joint inspection, Landlord shall prepare and deliver to Tenant a final list (the “Punch List”) setting forth all of the items of whether the Landlord’s Phase II Work that remain to has been substantially completed, a Certificate of Occupancy shall be completed. Landlord shall use reasonable efforts to cause all items set forth conclusive evidence of such completion, effective on the Punch List to be completed within one (1) month following preparation date of the Punch List unless the item is delivery of a long-lead item that cannot reasonably by completed within that period, in which event Landlord shall diligently complete the same as soon as reasonably practicable, subject copy of any such Certificate of Occupancy to delays caused by Force Majeure. Without limiting the applicability of Landlord’s repair and maintenance obligations under this Lease, Landlord warrants all the Landlord’s Work required or performed under this Lease shall be free from defects in material or workmanship for a period of one (1) year following the Commencement Date. To the extent that any vendor provides Landlord with any warranty for any work performed or materials provided pursuant to this Work Letter, Landlord agrees, at Tenant’s election, either to assign such warranty to Tenant or diligently enforce for the benefit of Tenant Landlord’s rights and remedies provided by such warranty. 4.2 A Tenant Delay” shall be deemed to have occurred if 4.3. If Landlord shall be delayed in Substantially Completing substantially completing the Landlord’s Phase I Work, the Landlord’s Phase II Work or in obtaining the evidence thereof pursuant to subsections (a) and (b) in Section 4.1 Certificate of this Work Letter Occupancy for the Phase II Premises or a certificate of substantial completion for either the Phase I Premises or the Phase II Premises as a result of any act or omission by Tenant, its agents, employees, representatives or contractors, or any one or more of them, including, without limitation, the following: 4.2.1 4.3.1. Tenant’s failure to pay any amounts required hereunder within the period set forth herein; or 4.2.2 4.3.2. Tenant’s request for any materials, finishes finishes, equipment, installations or installations specialty items other than as listed on Schedule I and Schedule II hereof; or 4.2.3 4.3.3. Tenant’s delay in supplying the Architect or any of the Consultants or the Contractor with any requested information; or 4.2.4 4.3.4. Tenant’s changes after the Lease Reference Date in any one or more of the Concept Plan, the Work Letter or the Plans (other than to correct errors or to bring the Plans into compliance with the Concept Plan or the Work Letter), regardless of Landlord’s approval of any such changes; or 4.3.5. The performance or completion by Tenant, or any person or entity employed by Tenant, of any work on or about the Premises during any period other than Tenant’s Guaranteed Access PeriodPremises, including, without limitation, any disharmony, labor disturbance or interference caused by such performance or completion; or 4.2.5 A 4.3.6. Any other act or omission by Tenant Changeor any of its agents, employees, representatives or contractors; or 4.2.6 So long as Tenant’s Guaranteed Access Period commences on or before March 17then, 2009 notwithstanding the fact that substantial completion has not occurred, (subject to day-for-day delays caused a) the Commencement Date shall be accelerated by Force Majeure, Architect Delay and any other the number of days of such Tenant Delay), if Tenant fails to install all and (b) any increase in cost of Tenant’s furniture, fixtures or equipment or complete Tenant’s Tel/Data Work prior to the expiration of Tenant’s Guaranteed Access Period. Landlord shall provide Tenant with notice of any Tenant Delay within one (1) business day following the date upon which Landlord is aware or has been made aware that such Tenant Delay has occurred and Landlord’s failure to do so shall constitute Work as a waiver by Landlord result of such particular Tenant Delay.

Completion of the Landlord’s Work. 4.1 In (a) Landlord agrees to use reasonable efforts and due diligence to “substantially complete” the event that Landlord anticipates that work set forth in the Landlord’s Work will not be completed by the Scheduled Commencement Date or that any portion of the Landlord’s Work will not be completed in line with the Construction Schedule, Landlord shall promptly inform Tenant For purposes of this Work Letter (the “Work”) by September 27, 2004 (the “Construction Deadline”), subject to Tenant Delay and this the force majeure provisions contained in the Lease. As used herein, the term “Substantial Completionsubstantially complete” (or its grammatical variations) with respect to the Landlord’s Work shall mean when the Landlord’s date that (i) the Work has been is completed in accordance with to a state to permit Tenant to reasonably and conveniently use and occupy the Plans Premises for the conduct of its business, even though the installation of minor details, decorations and the terms of this Work Letter notwithstanding that minor or insubstantial details of constructionmechanical adjustments by Landlord and any improvements to be performed by Tenant, mechanical adjustment or decoration remain to be performed, the non-completion of which will not materially adversely interfere with the Permitted Uses of the Premises by Tenant. Substantial Completion shall be evidenced by (a) the issuance of a certificate of substantial completion from the Architect on the then current form issued by the American Institute of Architectscompleted, and (bii) the receipt of a certificate of occupancy (whether permanent or temporary) issued by the applicable local governmental authority; provided, however, that for the purposes of determining whether or not Substantial Completion has occurred, in the event that a certificate of occupancy has not been issued by Warrington Township so as to permit Tenant to use and occupy the Scheduled Commencement Date but either Premises for the conduct of its business, whichever is later. (b) If Landlord fails to substantially complete the Work by the Construction Deadline, subject to Tenant Delay and the force majeure provisions contained in the Lease, then Tenant shall have the right to terminate the Lease under and subject to the following terms and conditions: (i) an authorization Tenant shall first be required to occupy deliver written notice to Landlord specifying Landlord's non-compliance with its obligations under this Paragraph 2(b) (which notice may not be delivered until after the Premises has been provided by Construction Deadline) and give Landlord 30 days in which to substantially complete the local building code enforcement officer pending Work. If Landlord substantially completes the issuance Work within 30 days after receipt of a certificate of occupancy in due courseTenant's notice under this Paragraph 2(b), or then Tenant shall forfeit its right to terminate the Lease under this Paragraph 2. (ii) such signIf Landlord fails to substantially complete the Work within the aforesaid 30-offs as are required under applicable municipal law in order to permit the occupancy of the Premises by Tenant have been provided by the local building code enforcement officer in the event that certificates of occupancy are not issued by the local building code enforcement officer or applicable local governmental authorityday grace period, then subsection (b) hereinabove in this Section 4.1 shall nonetheless be deemed to have been satisfied. Notwithstanding the foregoing, in no event shall Substantial Completion be deemed to have occurred unless Tenant shall have been given fifteen (15) days the right, by delivery of written notice to Landlord at any time after the expiration of the aforesaid 30-day grace period but prior access to Landlord's substantial completion of the Premises for installation of Tenant’s furniture, fixtures and equipment and to complete Tenant’s Tel/Data Work, as Tenant's sole and exclusive remedy, to terminate the Lease; whereupon the Lease shall terminate on the date of Landlord's receipt of the aforesaid termination notice. Tenant's failure to timely comply with such access to be provided for in the Construction Schedule and coordinated pursuant to Section 6 of this Work Letter (the “Tenant’s Guaranteed Access Period”); provided, however, in the event that any such furniture, fixtures or equipment are not installed and Tenant’s Tel/Data Work is not complete by the end of Tenant’s Guaranteed Access Period, so long as the Landlord’s Work is Substantially Complete such that the evidence of Substantial Completion required under subsections (a) and (b) hereinabove notice provisions contained in this Section 4.1 would otherwise be provided but for Tenant’s failure to install such furniture, fixtures or equipment or complete Tenant’s Tel/Data Work, then Substantial Completion will nonetheless be deemed to have occurred. Contemporaneous with the Substantial Completion of the Landlord’s Work, Landlord shall provide Tenant with a preliminary list of the items of Landlord’s Work which Landlord believes remain to be completed. Landlord and Tenant shall then promptly jointly inspect the Premises and note any additional items of Landlord’s Work that remain to be completed and any items of Landlord’s Work noted on Landlord’s preliminary list that have been completed. On the basis of Landlord’s preliminary list, as modified during Landlord’s and Tenant’s joint inspection, Landlord shall prepare and deliver to Tenant a final list Subparagraph (the “Punch List”ii) setting forth all of the items of the Landlord’s Work that remain to be completed. Landlord shall use reasonable efforts to cause all items set forth on the Punch List to be completed within one (1) month following preparation of the Punch List unless the item is a long-lead item that cannot reasonably by completed within that period, in which event Landlord shall diligently complete the same as soon as reasonably practicable, subject to delays caused by Force Majeure. Without limiting the applicability of Landlord’s repair and maintenance obligations under this Lease, Landlord warrants all the Landlord’s Work required or performed under this Lease shall be free from defects in material or workmanship for a period of one (1) year following the Commencement Date. To the extent that any vendor provides Landlord with any warranty for any work performed or materials provided pursuant to this Work Letter, Landlord agrees, at Tenant’s election, either to assign such warranty to Tenant or diligently enforce for the benefit of Tenant Landlord’s rights and remedies provided by such warranty. 4.2 A Tenant Delay” shall be deemed to have occurred if Landlord shall be delayed in Substantially Completing the Landlord’s Work or in obtaining the evidence thereof pursuant to subsections (a) and (b) in Section 4.1 of this Work Letter as a result of any one or more of the following: 4.2.1 Tenant’s failure to pay any amounts required hereunder within the period set forth herein; or 4.2.2 Tenant’s request for any materials, finishes or installations other than as listed on Schedule I hereof; or 4.2.3 Tenant’s delay in supplying the Architect or any of the Consultants with any requested information; or 4.2.4 The performance or completion by Tenant, or any person or entity employed by Tenant, of any work on or about the Premises during any period other than Tenant’s Guaranteed Access Period, including, without limitation, any disharmony, labor disturbance or interference caused by such performance or completion; or 4.2.5 A Tenant Change; or 4.2.6 So long as Tenant’s Guaranteed Access Period commences on or before March 17, 2009 (subject to day-for-day delays caused by Force Majeure, Architect Delay and any other Tenant Delay), if Tenant fails to install all of Tenant’s furniture, fixtures or equipment or complete Tenant’s Tel/Data Work prior to the expiration of Tenant’s Guaranteed Access Period. Landlord shall provide Tenant with notice of any Tenant Delay within one (1) business day following the date upon which Landlord is aware or has been made aware that such Tenant Delay has occurred and Landlord’s failure to do so shall constitute a waiver by Landlord of such particular Tenant DelayTenant's right to terminate the Lease under this Paragraph 2.