Common use of Condition of the Additional Space Clause in Contracts

Condition of the Additional Space. a. Tenant acknowledges and agrees that Tenant has inspected the Additional Space, is fully familiar with the physical condition thereof and agrees to accept possession of the Additional Space in its then “as-is” condition as of the Additional Space Commencement Date, subject to Landlord’s performance and substantial completion, at Landlord’s expense, and in a building standard manner using building standard materials in all instances unless expressly specified otherwise, of the work set forth on the schedule annexed hereto and made a part hereof as Exhibit C (“Landlord’s Work”). Tenant acknowledges and agrees that Landlord shall have no obligation to do any work in or to the Additional Space in order to make it suitable and ready for occupancy and use by Tenant, other than Landlord’s Work and Tenant’s Improvements (as defined in Xxxxxxxxx 0x, xxxxx). The performance by Landlord of Landlord’s Work is expressly conditioned upon compliance by Tenant with all the terms and conditions of this Agreement and the Lease. b. Any changes in or additions to Landlord’s Work which shall be consented to by Landlord as provided in the Lease, and further changes in or additions to the Additional Space after Landlord’s Work has been completed, if consented to and performed by Landlord or its agents at Tenant’s request, shall be paid for by Tenant promptly when billed at cost plus 1 1/4% for insurance, 10% for overhead and 10% for general conditions, and in the event of the failure of Tenant so to pay for said changes or additions then Landlord, at its option, may consider the cost thereof, plus the above percentages, as Additional Rent payable by Tenant and collectible as such hereunder. c. If Landlord’s Work is not substantially completed and is delayed by acts, omissions or changes made or requested by Tenant, its agents, designers, architects or any other party acting or apparently acting on Tenant’s behalf, then Tenant shall pay as hereinbefore provided Fixed Annual Rent and Additional Rent on a per diem basis for each day of delay of Landlord’s substantial completion caused by Tenant or any of the aforementioned parties. d. Landlord’s Work shall be deemed to be “Substantially Completed” at such time as Landlord’s Work has been completed and the Additional Space may be lawfully occupied by Tenant for the permitted use under the Lease notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration remain to be performed, provided, that said “Punch List Items” shall be completed by Landlord within a reasonable time thereafter. e. Notwithstanding anything to the contrary contained herein, within ten (10) days following delivery of Landlord’s notice (which may be delivered verbally or by email) to Tenant that the walls and ceilings in the Additional Space are open, Tenant shall be permitted to gain access to the Additional Space for the sole and exclusive purpose of installing customary telephone or computer wiring therein to serve the Additional Space and to perform the core drilling work referenced in Section 8.03 of the Lease (as modified by this Agreement), provided and on condition that (i) at all times Tenant complies fully with, and such access shall be governed by and subject to, all terms, covenants and conditions of the Lease, except that notwithstanding the access to the Additional Space afforded Tenant pursuant to this paragraph, Tenant shall not be responsible for the payment of Fixed Annual Rent or Additional Rent to Landlord with respect to the Additional Space until the earlier of: (a) the Additional Space Commencement Date, or (b) the date upon which Tenant or anyone claiming through Tenant first occupies the Additional Space for the conduct of business therein; and (ii) Tenant hereby indemnifies and agrees to defend and hold Landlord, its directors, officers, partners, members, employees, agents and representatives harmless from and against any claims, costs, expenses, damages and liabilities whatsoever arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iii) Tenant shall repair promptly, at Tenant’s sole cost and expense, in a good and workmanlike manner, using materials of a quality equal or superior to those which were damaged, and in accordance with the requirements of the Lease, any and all damage to the Additional Space or the Building arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iv) in the event that the presence of Tenant, or anyone claiming through Tenant, their respective agents, representatives or servants in the Additional Space in connection with the access afforded Tenant pursuant to this paragraph delays Landlord’s performance or completion of Landlord’s Work and/or Tenant’s Improvements, then Landlord’s time in which to Substantially Complete and thereafter complete such work shall be extended one (1) day for each day of such delay and Tenant’s obligations to commence payment of Fixed Annual Rent and Additional Rent (and the commencement of any credits or abatements of rent to which Tenant may be otherwise entitled at the Additional Space Commencement Date) shall not be delayed as a result thereof; and (v) any conflicts in staging or scheduling between (aa) Tenant’s wiring and/or core drilling work as permitted hereunder and (bb) Landlord’s performance or Substantial Completion of Landlord’s Work and Tenant’s Improvements as contemplated above, shall be resolved in each instance in favor of Landlord’s Work and Tenant’s Improvements. Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Additional Space for the purposes of establishing the Additional Space Commencement Date. f. Notwithstanding anything to the contrary contained herein, within ten (10) days prior to the Additional Space Commencement Date, upon reasonable prior notice to Landlord, Tenant shall be permitted to gain access to the Additional Space for the sole and exclusive purpose of installing customary telephone or computer wiring covers on the partitions and walls in the Additional Space, provided and on condition that (i) at all times Tenant complies fully with, and such access shall be governed by and subject to, all terms, covenants and conditions of the Lease, except that notwithstanding the access to the Additional Space afforded Tenant pursuant to this paragraph, Tenant shall not be responsible for the payment of Fixed Annual Rent or Additional Rent to Landlord with respect to the Additional Space until the earlier of: (a) the Additional Space Commencement Date, or (b) the date upon which Tenant or anyone claiming through Tenant first occupies the Additional Space for the conduct of business therein; and (ii) Tenant hereby indemnifies and agrees to defend and hold Landlord, its directors, officers, partners, members, employees, agents and representatives harmless from and against any claims, costs, expenses, damages and liabilities whatsoever arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iii) Tenant shall repair promptly, at Tenant’s sole cost and expense, in a good and workmanlike manner, using materials of a quality equal or superior to those which were damaged, and in accordance with the requirements of the Lease, any and all damage to the Additional Space or the Building arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iv) in the event that the presence of Tenant, or anyone claiming through Tenant, their respective agents, representatives or servants in the Additional Space in connection with the access afforded Tenant pursuant to this paragraph delays Landlord’s performance or completion of Landlord’s Work and/or Tenant’s Improvements, then Landlord’s time in which to Substantially Complete and thereafter complete such work shall be extended one (1) day for each day of such delay and Tenant’s obligations to commence payment of Fixed Annual Rent and Additional Rent (and the commencement of any credits or abatements of rent to which Tenant may be otherwise entitled at the Additional Space Commencement Date) shall not be delayed as a result thereof; and (v) any conflicts in staging or scheduling between (aa) Tenant’s work as permitted hereunder and (bb) Landlord’s performance or Substantial Completion of Landlord’s Work and Tenant’s Improvements as contemplated above, shall be resolved in each instance in favor of Landlord’s Work and Tenant’s Improvements. Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Additional Space for the purposes of establishing the Additional Space Commencement Date.

Condition of the Additional Space. a. Tenant acknowledges and agrees 4.01 The parties acknowledge that Tenant has inspected the Additional Space, is fully familiar with the physical condition thereof and agrees to accept possession of the Additional Space in its then “as-is” condition as of the Additional Space Commencement Date, subject to Landlord’s performance and substantial completion, at Landlord’s expense, and in a building standard manner using building standard materials in all instances unless expressly specified otherwise, completion of the work set forth on the schedule annexed hereto and made a part hereof as Exhibit C (“Landlord’s Work”). Tenant acknowledges , and agrees the repair of any holes in the sheetrock, if any, and that Landlord shall have no obligation to do any work in or to the Additional Space in order to make it suitable and ready for occupancy and use by Tenant, other than except to the extent expressly provided for in this Article 4. 4.02 Landlord, or Landlord’s designated agent, shall perform the Landlord’s Work set forth on Exhibit B in the Additional Space in a building standard manner using building standard finishes and Tenant’s Improvements building standard materials, with reasonable dispatch, subject to delay which is due to either a Tenant Delay or Force Majeure. Landlord shall not store any materials in either the Existing Premises and/or the Additional Space, as the case may be, beyond that reasonably needed in order to complete the work scheduled to be performed therein during the succeeding twenty-four (as defined in Xxxxxxxxx 0x, xxxxx)24) hour period. The Tenant acknowledges and agrees that the performance by Landlord of Landlord’s Work is expressly conditioned upon compliance by Tenant with all the terms and conditions of this Agreement and the Lease, including payment of Rent. b. 4.03 Any changes in or additions to Landlord’s Work which shall be consented to by Landlord as provided in the LeaseLandlord, and further changes in or additions to the Additional Space after said Landlord’s Work has been completed, if completed which shall be so consented to and performed shall be made by Landlord Landlord, or its agents at Tenant’s requestagents, but shall be paid for by Tenant promptly when billed at cost plus 1 1/4% for insurance, 10% for overhead and 10% for general conditions5%, and in the event of the failure of Tenant so to pay for said changes or additions then Landlordadditions, Landlord at its option, option may consider the cost thereof, plus the above percentages, as Additional Rent payable by Tenant and collectible as such hereunder, as part of the rent for the next ensuing months. c. 4.04 If Landlord’s 's Work is not substantially completed and is delayed by acts, omissions or changes made or requested by Tenant, its agents, designers, architects or any other party acting or apparently acting on Tenant’s behalf, then Tenant shall pay as hereinbefore provided Fixed Annual Rent rent and Additional Rent additional rent on a per diem basis for each day of delay of Landlord’s 's substantial completion caused by Tenant or any of the aforementioned parties. d. 4.05 Landlord’s 's Work to both the Additional Space and the Existing Premises shall be deemed to be “Substantially Completed” at such time as Landlord’s Work has been substantially completed and the Additional Space may be lawfully occupied by Tenant for the permitted use under the Lease notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration (i) Punch List Items remain to be performed, providedor (ii) a portion of Landlord’s Work is incomplete because construction scheduling requires that such work be done after incomplete finishing or after other work to be done by or on behalf of Tenant is completed. Landlord hereby agrees that within thirty (30) days after Landlord’s receipt of a written notice from Tenant identifying any purported Punch List Items that require Landlord’s completion, that Landlord shall complete said “Punch List Items” shall be completed by Landlord within a reasonable time thereafter. e. Notwithstanding anything to the contrary contained herein, within ten (10) days following delivery 4.06 For purposes of Landlord’s notice (which may be delivered verbally or by email) to Tenant that the walls and ceilings in the Additional Space are open, Tenant shall be permitted to gain access to the Additional Space for the sole and exclusive purpose of installing customary telephone or computer wiring therein to serve the Additional Space and to perform the core drilling work referenced in Section 8.03 of the Lease (as modified by this Agreement), provided and on condition that (i) at all times Tenant complies fully with, and such access shall be governed by and subject to, all terms, covenants and conditions of the Lease, except that notwithstanding the access to the Additional Space afforded Tenant pursuant to this paragraph, Tenant shall not be responsible for the payment of Fixed Annual Rent or Additional Rent to Landlord with respect to the Additional Space until the earlier of: (a) the “Additional Space Commencement Date, or ” shall mean the date which is the earlier of (bx) the date upon which Landlord’s Work is deemed to be substantially completed, or (y) the date Tenant or anyone claiming by, under or through Tenant first occupies shall occupy any part of the Additional Space for the conduct of business therein; and (ii) Tenant hereby indemnifies and agrees to defend and hold Landlord, its directors, officers, partners, members, employees, agents and representatives harmless from and against any claims, costs, expenses, damages and liabilities whatsoever arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iii) Tenant shall repair promptly, at Tenant’s sole cost and expense, in a good and workmanlike manner, using materials of a quality equal or superior to those which were damaged, and in accordance with the requirements of the Lease, any and all damage to the Additional Space or the Building arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iv) in the event that the presence of Tenant, or anyone claiming through Tenant, their respective agents, representatives or servants in the Additional Space in connection with the access afforded Tenant pursuant to this paragraph delays Landlord’s performance or completion of Landlord’s Work and/or Tenant’s Improvements, then Landlord’s time in which to Substantially Complete and thereafter complete such work shall be extended one (1) day for each day of such delay and Tenant’s obligations to commence payment of Fixed Annual Rent and Additional Rent (and the commencement of any credits or abatements of rent to which Tenant may be otherwise entitled at the Additional Space Commencement Date) shall not be delayed as a result thereof; and (v) any conflicts in staging or scheduling between (aa) Tenant’s wiring and/or core drilling work as permitted hereunder and (bb) Landlord’s performance or Substantial Completion of Landlord’s Work and Tenant’s Improvements as contemplated above, shall be resolved in each instance in favor of Landlord’s Work and Tenant’s Improvements. Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Additional Space for the purposes of establishing the Additional Space Commencement Date's business. f. Notwithstanding anything to the contrary contained herein, within ten (10) days prior to the Additional Space Commencement Date, upon reasonable prior notice to Landlord, Tenant shall be permitted to gain access to the Additional Space for the sole and exclusive purpose of installing customary telephone or computer wiring covers on the partitions and walls in the Additional Space, provided and on condition that (i) at all times Tenant complies fully with, and such access shall be governed by and subject to, all terms, covenants and conditions of the Lease, except that notwithstanding the access to the Additional Space afforded Tenant pursuant to this paragraph, Tenant shall not be responsible for the payment of Fixed Annual Rent or Additional Rent to Landlord with respect to the Additional Space until the earlier of: (a) the Additional Space Commencement Date, or (b) the date upon which Tenant or anyone claiming through Tenant first occupies the Additional Space for the conduct of business therein; and (ii) Tenant hereby indemnifies and agrees to defend and hold Landlord, its directors, officers, partners, members, employees, agents and representatives harmless from and against any claims, costs, expenses, damages and liabilities whatsoever arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iii) Tenant shall repair promptly, at Tenant’s sole cost and expense, in a good and workmanlike manner, using materials of a quality equal or superior to those which were damaged, and in accordance with the requirements of the Lease, any and all damage to the Additional Space or the Building arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iv) in the event that the presence of Tenant, or anyone claiming through Tenant, their respective agents, representatives or servants in the Additional Space in connection with the access afforded Tenant pursuant to this paragraph delays Landlord’s performance or completion of Landlord’s Work and/or Tenant’s Improvements, then Landlord’s time in which to Substantially Complete and thereafter complete such work shall be extended one (1) day for each day of such delay and Tenant’s obligations to commence payment of Fixed Annual Rent and Additional Rent (and the commencement of any credits or abatements of rent to which Tenant may be otherwise entitled at the Additional Space Commencement Date) shall not be delayed as a result thereof; and (v) any conflicts in staging or scheduling between (aa) Tenant’s work as permitted hereunder and (bb) Landlord’s performance or Substantial Completion of Landlord’s Work and Tenant’s Improvements as contemplated above, shall be resolved in each instance in favor of Landlord’s Work and Tenant’s Improvements. Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Additional Space for the purposes of establishing the Additional Space Commencement Date.

Condition of the Additional Space. a. Tenant acknowledges and agrees that Tenant has inspected the Additional Space(a) Except as expressly provided otherwise in this Amendment, is fully familiar with the physical condition thereof and agrees to accept possession of the Additional Space shall be delivered to and accepted by Tenant in its then “present "as-is” condition as of the Additional Space Commencement Date, subject to Landlord’s performance " condition. It is understood and substantial completion, at Landlord’s expenseagreed that Landlord will not make, and in a building standard manner using building standard materials in all instances unless expressly specified otherwise, of the work set forth on the schedule annexed hereto and made a part hereof as Exhibit C (“Landlord’s Work”). Tenant acknowledges and agrees that Landlord shall have is under no obligation to do make, any work structural or other alterations, decorations, additions or improvements in or to the Additional Space in order to make it suitable and ready for occupancy and use by TenantSpace. Notwithstanding the foregoing, other than Landlord’s Work and Tenant’s Improvements (as defined in Xxxxxxxxx 0xon the Lease Commencement Date-II, xxxxx). The performance by Landlord of Landlord’s Work is expressly conditioned upon compliance by Tenant with all shall deliver the terms and conditions of this Agreement Base Building and the Lease. b. Any changes mechanical systems serving the Additional Space to Tenant in or additions substantially the same condition in which Landlord was required to Landlord’s Work which shall be consented to by Landlord as provided deliver the Base Building and the equivalent systems serving the Premises in accordance with the Lease, in particular Section 9.8 thereof, except that (i) there shall be no ceiling tiles in the Additional Space and further changes in Landlord shall not be obligated to replace or additions install or pay for the replacement or installation of such ceiling tiles, (ii) there shall be no fire alarm system serving the Additional Space and Landlord shall not be required to purchase or to install a fire alarm system for the Additional Space and (iii) there are no ducts or diffusers downstream of the VAV boxes serving the Additional Space. In addition to the Additional Space after Landlord’s Work has been completedImprovement Allowance described in subparagraph (b) below, if consented Landlord shall provide to and performed Tenant an allowance in an amount to be agreed upon by Landlord or its agents at Tenant’s request, and Tenant which shall be paid for applied solely to the costs and expenses incurred by Tenant promptly when billed at cost plus 1 1/4% for insurance, 10% for overhead and 10% for general conditions, and in connection with the event installation of the failure of Tenant so ducts and diffusers required to pay for said changes or additions then Landlord, at its option, may consider serve the cost thereof, plus the above percentages, as Additional Rent payable by Tenant and collectible as such hereunderSpace. c. If Landlord’s Work (b) It is not substantially completed understood and is delayed by actsagreed that Tenant intends to make certain alterations, omissions or changes made or requested by Tenant, its agents, designers, architects or any other party acting or apparently acting on Tenant’s behalf, then Tenant shall pay as hereinbefore provided Fixed Annual Rent renovations and Additional Rent on a per diem basis for each day of delay of Landlord’s substantial completion caused by Tenant or any of the aforementioned parties. d. Landlord’s Work shall be deemed to be “Substantially Completed” at such time as Landlord’s Work has been completed and the Additional Space may be lawfully occupied by Tenant for the permitted use under the Lease notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration remain to be performed, provided, that said “Punch List Items” shall be completed by Landlord within a reasonable time thereafter. e. Notwithstanding anything to the contrary contained herein, within ten (10) days following delivery of Landlord’s notice (which may be delivered verbally or by email) to Tenant that the walls and ceilings in the Additional Space are open, Tenant shall be permitted to gain access improvements to the Additional Space for (collectively, the sole and exclusive purpose of installing customary telephone or computer wiring therein to serve the "Additional Space Improvements"). The Additional Space Improvements (i) shall be done in accordance with Tenant's plans therefor which shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed provided such plans comply with all applicable Legal Requirements, (ii) shall be subject to the provisions of Article IX and to perform the core drilling work referenced in Section 8.03 Article XIII of the Lease (as modified by this Agreement), provided and on condition that (i) at all times Tenant complies fully with, and such access shall be governed by and subject to, all terms, covenants and conditions of the Lease, except that notwithstanding the access to the Additional Space afforded Tenant pursuant to this paragraph, Tenant shall not be responsible for the payment of Fixed Annual Rent or Additional Rent to Landlord with respect to the Additional Space until the earlier of: (a) the Additional Space Commencement Date, or (b) the date upon which Tenant or anyone claiming through Tenant first occupies the Additional Space for the conduct of business therein; and (ii) Tenant hereby indemnifies and agrees to defend and hold Landlord, its directors, officers, partners, members, employees, agents and representatives harmless from and against any claims, costs, expenses, damages and liabilities whatsoever arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iii) Tenant shall repair promptly, be made at Tenant’s 's sole cost and expense; provided, however, that Landlord agrees to provide Tenant with an improvement allowance (the "Additional Space Improvement Allowance") in a good and workmanlike manner, using materials of a quality an amount equal or superior to those which were damaged, and in accordance with the requirements of the Lease, any and all damage to the Additional Space or product of (x) Fifteen Dollars ($15.00) multiplied by (y) the Building arising out number of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; and (iv) in the event that the presence square feet of Tenant, or anyone claiming through Tenant, their respective agents, representatives or servants in the Additional Space in connection with the access afforded Tenant pursuant to this paragraph delays Landlord’s performance or completion of Landlord’s Work and/or Tenant’s Improvements, then Landlord’s time in which to Substantially Complete and thereafter complete such work shall be extended one (1) day for each day of such delay and Tenant’s obligations to commence payment of Fixed Annual Rent and Additional Rent (and the commencement of any credits or abatements of rent to which Tenant may be otherwise entitled at the Additional Space Commencement Date) shall not be delayed as a result thereof; and (v) any conflicts in staging or scheduling between (aa) Tenant’s wiring and/or core drilling work as permitted hereunder and (bb) Landlord’s performance or Substantial Completion of Landlord’s Work and Tenant’s Improvements as contemplated above, shall be resolved in each instance in favor of Landlord’s Work and Tenant’s Improvements. Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession of the Additional Space for the purposes of establishing the Additional Space Commencement Date. f. Notwithstanding anything to the contrary contained herein, within ten (10) days prior to the Additional Space Commencement Date, upon reasonable prior notice to Landlord, Tenant shall be permitted to gain access to the Additional Space for the sole and exclusive purpose of installing customary telephone or computer wiring covers on the partitions and walls rentable area in the Additional Space, provided multiplied by (z) a fraction the numerator of which is the number of full calendar months in the period commencing on the Rent Commencement Date-II and continuing through the expiration of the Lease Term, excluding any Renewal Term, as defined in Rider No. 1 to the Lease and the denominator of which is sixty (60) (the number of complete calendar months commencing on condition that (i) at all times Tenant complies fully with, the Rent Commencement Date and such access continuing through the expiration of the initial Lease Term). The Additional Space Improvement Allowance shall be governed by applied, as hereinafter set forth, to all "hard" and subject to, all terms, covenants and conditions of the Lease, except that notwithstanding the access to the Additional Space afforded Tenant pursuant to this paragraph, Tenant shall not be responsible for the payment of Fixed Annual Rent or Additional Rent to Landlord with respect to the Additional Space until the earlier of: (a) the Additional Space Commencement Date, or (b) the date upon which Tenant or anyone claiming through Tenant first occupies the Additional Space for the conduct of business therein; and (ii) Tenant hereby indemnifies and agrees to defend and hold Landlord, its directors, officers, partners, members, employees, agents and representatives harmless from and against any claims, costs, expenses, damages and liabilities whatsoever arising out of Tenant’s access to or presence at the Additional Space "soft" costs incurred in connection with the access afforded Tenant pursuant to this paragraph; design, construction and (iii) Tenant shall repair promptly, at Tenant’s sole cost and expense, in a good and workmanlike manner, using materials of a quality equal or superior to those which were damaged, and in accordance with the requirements installation of the LeaseAdditional Space Improvements, including, without limitation, any and all damage to the Additional Space or the Building arising out of Tenant’s access to or presence at the Additional Space in connection with the access afforded Tenant pursuant to this paragraph; architectural, engineering and (iv) in the event that the presence of Tenant, or anyone claiming through Tenant, their respective agents, representatives or servants in the Additional Space in connection with the access afforded Tenant pursuant to this paragraph delays Landlord’s performance or completion of Landlord’s Work and/or Tenant’s Improvements, then Landlord’s time in which to Substantially Complete consulting fees and thereafter complete such work shall be extended one (1) day for each day of such delay telephone and Tenant’s obligations to commence payment of Fixed Annual Rent and Additional Rent (and the commencement of any credits or abatements of rent to which Tenant may be otherwise entitled at the Additional Space Commencement Date) shall not be delayed as a result thereof; and (v) any conflicts in staging or scheduling between (aa) Tenant’s work as permitted hereunder and (bb) Landlord’s performance or Substantial Completion of Landlord’s Work and Tenant’s Improvements as contemplated above, shall be resolved in each instance in favor of Landlord’s Work and Tenant’s Improvementsdata cabling costs. Notwithstanding anything to the contrary contained herein, Tenant’s mere presence in the Additional Space pursuant to this paragraph shall not be deemed Tenant’s acceptance of possession The funding of the Additional Space Improvement Allowance is subject to the fulfillment by Tenant of all covenants and conditions set forth in the Lease and this Amendment. In the event the entire Additional Space Improvement Allowance is not utilized for the purposes of establishing the Additional Space Commencement Date.Improvements on or before December 31, 1998, such unused portion of the Additional Space Improvement