Common use of Completion of the Tenant Improvements Lease Commencement Date Clause in Contracts

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 5, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 of this Lease. Any delay or delays in the Substantial Completion of a Floor Group of the Premises as set forth in Article 2 of this Lease, as a result of any of the following shall be considered "TENANT DELAYS ": 5.1 Tenant's failure to comply with the Time Deadlines which are Tenant's responsibility to meet in accordance with this Tenant Work Letter; 5.2 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws; 5.5 Tenant's request for changes in the Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change Order; 5.6 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor Group, as set forth in the Lease, or which are different from, or not included in, the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] 5.7 Changes to the Base, Shell and Core work required by the Approved Working Drawings; or 5.8 Any other acts or omissions of Tenant, or its agents, or employees. Notwithstanding the foregoing, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor Group, the Lease Commencement Date for the applicable Floor Group shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays shall be deemed to have occurred.

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 5, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 of this Lease. Any delay or delays in the Substantial Completion of a Floor Group of the Premises as set forth in Article 2 of this Lease, as a result of any of the following shall be considered "TENANT DELAYS DELAYS": 5.1 Tenant's failure to comply with the Time Deadlines which are Tenant's responsibility to meet in accordance with this Tenant Work Letter; 5.2 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws; 5.5 Tenant's request for changes in the Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change Order; 5.6 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor Group, as set forth in the Lease, or which are different from, or not included in, the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] 5.7 Changes to the Base, Shell and Core work required by the Approved Working Drawings; or 5.8 Any other acts or omissions of Tenant, or its agents, or employees. Notwithstanding the foregoing, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor Group, Group the Lease Commencement Date for the applicable Floor Group shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays shall be deemed to have occurred.

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 5, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 of this Lease. Any delay or delays in the Substantial Completion of a Floor Group of the Premises as set forth in Article 2 of this Lease, as a result of any of the following shall be considered "TENANT DELAYS DELAYS": 5.1 Tenant's failure to comply with the Time Deadlines which are Tenant's responsibility to meet in accordance with this Tenant Work Letter; 5.2 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws; 5.5 Tenant's request for changes in the Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change Order; 5.6 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor GroupPremises, as set forth in the Lease, or which are different from, or not included in, the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]Premises; 5.7 Changes to the Base, Shell and Core work required by the Approved Working Drawings; or 5.8 Any other acts or omissions of Tenant, or its agents, or employees. Notwithstanding the foregoing, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity EXHIBIT B -12- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor GroupPremises, the Lease Commencement Date for the applicable Floor Group Premises shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays shall be deemed to have occurred.

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 5, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 of this Lease. Any If there shall be a delay or there are delays in the Substantial Completion of a Floor Group the Premises or in the occurrence of any of the Premises other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of this Lease, as a direct, indirect, partial, or total result of any of the following shall be considered (collectively, "TENANT DELAYS DELAYS":): 5.1 Tenant's failure to comply with the Time Deadlines which are Tenant's responsibility to meet in accordance with this Tenant Work LetterDeadlines; 5.2 Tenant's failure to timely approve any matter requiring TenantXxxxxx's approval; 5.3 A breach by Tenant of the terms of this Tenant Work Letter or the LeaseLease and failure to cure such breach within five (5) days; 5.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws; 5.5 Tenant's request for changes in the Final Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change OrderDrawings; 5.6 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor GroupPremises, as set forth in the Lease, or which are different from, or not included in, the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]; 5.7 Changes to the Base, Shell and Core work or Landlord Work required by the Approved Working Drawings; or 5.8 Any other acts or omissions of TenantThen, or its agents, or employees. Notwithstanding the foregoing, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor GroupPremises, the Lease Commencement Date for the applicable Floor Group shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays shall be deemed to have occurred.. SECTION 6

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 5, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 of this Lease. Any delay or delays in the Substantial Completion of a Floor Group of the Premises as set forth in Article 2 of this Lease, as a result of any of the following shall be considered "TENANT DELAYS DELAYS": 5.1 Tenant's failure to comply with the Time Deadlines which are Tenant's responsibility to meet in accordance with this Tenant Work Letter; 5.2 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws; 5.5 Tenant's request for changes in the Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change Order; 5.6 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor GroupPremises, as set forth in the Lease, or which are different from, or not included in, the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] 5.7 Changes to the Base, Shell and Core work required by the Approved Working Drawings; or 5.8 Any other acts or omissions of Tenant, or its agents, or employees. Notwithstanding the foregoing, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor Group, the Lease Commencement Date for the applicable Floor Group shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays shall be deemed to have occurred.Premises;

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 56, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 the Summary of this Lease. Any For purposes of this Lease "Substantial Completion" of the Tenant Improvements shall occur upon the completion of construction of the Tenant Improvements in the Premises pursuant to the Construction Drawings, with the exception of any punch list items and any Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of a contractor. To the extent there is a delay or there are delays in the Substantial Completion of a Floor Group the Tenant Improvements or in the occurrence of any of the Premises other conditions precedent to the Lease Commencement Date as set forth in Article 2 the Summary of this Lease, Lease as a result of any of the following shall be considered "TENANT DELAYS "following: 5.1 6.1 Tenant's failure to comply with furnish or approve any item required to be furnished or approved by Tenant within the Time Deadlines which are Tenant's responsibility to meet time periods provided for in accordance with this Tenant Work Letter; 5.2 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.3 6.2 A material breach by Tenant of the terms of this Tenant Work Letter or the this Lease; 5.4 Changes in any of the Construction Drawings because the same do not comply with Code or other applicable laws; 5.5 6.3 Tenant's request for changes in any of the Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change OrderConstruction Drawings; 5.6 6.4 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor Group, as set forth in the Lease, or which are different from, or not included in, than Landlord's standard improvement package items for the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]Building; 5.7 6.5 Changes to the Base, Shell and Core work required by the Approved Working Construction Drawings; or 5.8 6.6 Any other acts or omissions of Tenant, or its agents, or employees. Notwithstanding the foregoing; then, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor GroupTenant Improvements, the Lease Commencement Date for the applicable Floor Group shall be deemed to be the date the Lease Commencement Date would have occurred pursuant to the Summary if no Tenant Delaysdelay or delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the . No Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays Delay shall be deemed to have occurred.occur unless and until Landlord has provided written notice to Tenant specifying the event or circumstance causing the delay. The period of the Tenant Delay shall not be deemed to commence for any purpose under this Section 6 until twenty-four (24) hours after Tenant's receipt of written notice from Landlord specifying the facts and circumstances resulting in the delay. SECTION 7

Completion of the Tenant Improvements Lease Commencement Date. Except as provided in this Section 5, the Lease Commencement Date for each Floor Group of the Premises shall occur as set forth in Article 2 of this Lease. Any If there shall be a delay or there are delays in the Substantial Completion of a Floor Group the Premises or in the occurrence of any of the Premises other conditions precedent to the Lease Commencement Date, as set forth in Article 2 of this Lease, as a direct, indirect, partial, or total result of any of the following shall be considered "TENANT DELAYS "of: 5.1 Tenant's failure to comply with the Time Deadlines which are Tenant's responsibility to meet in accordance with this Tenant Work LetterDeadlines; 5.2 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.4 Changes in any of the Construction Drawings after disapproval of the same by Landlord or because the same do not comply with Code or other applicable laws; 5.5 Tenant's request for changes in the Working Drawings or the Approved Working Drawings including any delay resulting from Tenant's request for information from the Contractor, the time taken by Tenant in considering any such information prior to agreeing to proceed (or not to proceed) with such change and/or the actual Change OrderDrawings; 5.6 Tenant's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the applicable Floor GroupPremises, as set forth in the Lease, or which are different from, or not included in, the Standard Improvement Package, provided Landlord informed Tenant in writing that any such requirement would not be available in accordance with the Construction Schedule and would likely cause a delay in the anticipated date of Substantial Completion of the applicable Floor Group; PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]; 5.7 Changes to the Base, Shell and Core work or Landlord Work required by the Approved Working Drawings; or 5.8 Any other acts or omissions of Tenant, or its agents, or employees. Notwithstanding the foregoing; EXHIBIT E -6- 49 then, no delay under Sections 5.2, 5.3, 5.5, 5.6, 5.7 or 5.8 above shall be considered a Tenant Delay unless and until Tenant is (i) provided prior written notice that it is about to suffer a Tenant Delay and is afforded a one (1) business day opportunity to cure the same, and (ii) offered the opportunity to incur premium costs (as an Over-Allowance Amount if the Tenant Improvement Allowance has been exceeded) to prevent or minimize such delay if it is possible to do so. Landlord shall not assess any day towards a Tenant Delay for delays caused by Contractor, Landlord or any third parties or due to Force Majeure. For purposes of determining whether a delay by Tenant or Architect constitutes a Tenant Delay, reference shall be made to the critical path schedule for the construction of Tenant Improvements set forth in the Construction Schedule. Landlord and Contractor shall take commercially reasonable actions, remedial or otherwise, to maintain the Construction Schedule notwithstanding any Tenant Delay, provided that this requirement shall not require Landlord or Contractor to incur any additional costs or expenses (e.g., contractor overtime or costs resulting from accelerated delivery) unless Tenant agrees to pay for such additional costs or expenses. Notwithstanding anything to the contrary set forth in this the Lease or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the applicable Floor GroupPremises, the Lease Commencement Date for the applicable Floor Group shall be deemed to be the date the Lease Commencement Date would have occurred if no Tenant Delaysdelay or delays, as set forth above, had occurred; provided, however, if the actual date of Substantial Completion of the Tenant Improvements occurs on or before the estimated Lease Commencement Date specified in Section 5 of the Summary, no Tenant Delays shall be deemed to have occurred.