Common use of Delay of Substantial Completion of the Premises Clause in Contracts

Delay of Substantial Completion of the Premises. Except as provided in this Section 3, the Delivery Date shall occur as set forth in the Basic Lease Information. If there shall be a delay or there are delays in the Substantial Completion of the Premises (based upon the anticipated date of the occurrence of the Delivery Date as set forth in the Lease) or in the occurrence of any of the other EXHIBIT B -3- [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 44 conditions precedent to the Delivery Date, as set forth in the Lease, as a direct, indirect, partial, or total result of any of the following (collectively, "TENANT DELAYS"): (a) Tenant's failure to comply with the time deadlines (including the failure to obtain the Permits by May 15, 2001 and the failure to agree upon the selection of the Contractor by May 1, 2001); (b) Tenant's failure to timely approve any matter requiring Tenant's approval; (c) a breach by Tenant of the terms of this Work Letter or the Lease; (d) changes in the Final Space Plan or the Final Working Drawings requested by Landlord (but only as such changes are required to preserve the integrity of Landlord's Work or structural portions of the Building) or Tenant after Tenant's initial submission thereof to Landlord; (e) Tenant's request for changes in the Approved Working Drawings (including, without limitation, any changes made in order to reduce the amount of the Cost Proposal (or Partial Cost Proposal, as the case may be); (f) Tenant's requirement for materials, components, finishes or improvements that are not available in a reasonable time (based upon the anticipated Delivery Date) or that are different from, or not included in, the Building Specifications and Tenant's refusal to reasonably accept substitute materials, components, finishes and improvements proposed by Landlord; (g) changes to the base, shell and core of the Building required by the Approved Working Drawings; (h) Tenant's failure to timely deliver the second (2nd) Letter of Credit as required under Section 4.4.1 of the Lease; or (i) any other acts or omissions of Tenant, or its agents, or employees (including Tenant's Architect); then, notwithstanding anything to the contrary set forth in this Lease and regardless of the actual date of the Substantial Completion of the Premises, the date of Substantial Completion and delivery of the Premises to Tenant (for purposes of determining the Delivery Date) shall be deemed to be the date Substantial Completion and delivery of the Premises to Tenant would have occurred if no Tenant Delays, as set forth above, had occurred.

Delay of Substantial Completion of the Premises. Except as provided in this Section 34, the Delivery Lease Commencement Date shall occur as set forth in Section 7.2 of the Basic Lease InformationSummary and Article 2 of the Lease. If there shall be a delay or there are delays in the Substantial Completion of the Premises (based upon the anticipated date of the occurrence of the Delivery Lease Commencement Date as set forth in the Lease) or in the occurrence of any of the other EXHIBIT B -3- [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 44 conditions precedent to the Delivery Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of any of the following (collectively, "TENANT DELAYS"): (a) “Tenant Delays”): 4.2.1 Tenant's failure to comply with the time deadlines (including the failure to obtain the Permits by May 15, 2001 and the failure to agree upon the selection of the Contractor by May 1, 2001); (b) Tenant's ’s failure to timely approve any matter requiring Tenant's ’s approval; (c) a ; 4.2.2 A breach by Tenant of the terms of this Tenant Work Letter or the this Lease; (d) changes in the Final Space Plan or the Final Working Drawings requested by Landlord (but only as such changes are required to preserve the integrity of Landlord's Work or structural portions of the Building) or Tenant after ; 4.2.3 Tenant's initial submission thereof to Landlord; (e) Tenant's ’s request for changes in the Space Plan or Approved Working Drawings (including, without limitation, any changes made in order to reduce the amount of the Cost Proposal (or Partial Cost Proposal, except as the case may bepermitted under Section 1 above); (f) ; 4.2.4 Tenant's ’s requirement for materials, components, finishes or improvements that which are not available in a commercially reasonable time (based upon given the anticipated Delivery Date) date of Substantial Completion of the Premises, or that which are different from, or not included in, than Landlord’s standard improvement package items for the Building Specifications and Tenant's refusal to reasonably accept substitute materials, components, finishes and improvements proposed by LandlordBuilding; (g) changes to the base, shell and core of the Building required by the Approved Working Drawings; (h) Tenant's failure to timely deliver the second (2nd) Letter of Credit as required under Section 4.4.1 of the Lease; or (i) any or 4.2.5 Any other acts or omissions of Tenant, or its agents, or employees (including Tenant's Architect)employees; however, Landlord shall use commercially reasonably efforts to promptly notify Tenant of any such acts or omissions; then, 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 Premises, the date of Substantial Completion and delivery of the Premises to Tenant (for purposes of determining the Delivery Lease Commencement Date) shall be deemed to be the date Substantial Completion and delivery of the Premises to Tenant would have occurred if no Tenant Delays, as set forth above, had occurred.

Delay of Substantial Completion of the Premises. Except as provided in this Section 3, the Delivery Date shall occur as set forth in the Basic Lease Information. If there shall be a delay or there are delays in the Substantial Completion of the Premises (based upon the anticipated date of the occurrence of the Delivery Date as set forth in the Lease) or in the occurrence of any of the other EXHIBIT B -3- [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 44 conditions precedent to the Delivery Date, as set forth in the Lease, as a direct, indirect, partial, or total result of any of the following (collectively, "TENANT DELAYSTenant Delays"): (a) Tenant's failure to comply with the time deadlines (including the failure to obtain the Permits by May 15, 2001 and the failure to agree upon the selection of the Contractor by May 1, 2001); (b) Tenant's failure to timely approve any matter requiring Tenant's approval; (c) a breach by Tenant of the terms of this Work Letter or the Lease; (d) changes in the Final Space Plan or the Final Working Drawings requested by Landlord (but only as such changes are required to preserve the integrity of Landlord's Work or structural portions of the Building) or Tenant after Tenant's initial submission thereof to Landlord; (e) Tenant's request for changes in the Approved Working Drawings (including, without limitation, any changes made in order to reduce the amount of the Cost Proposal (or Partial Cost Proposal, as the case may be); (f) Tenant's requirement for materials, components, finishes or improvements that are not available in a reasonable time (based upon the anticipated Delivery Date) or that are different from, or not included in, the Building Specifications and Tenant's refusal to reasonably accept substitute materials, components, finishes and improvements proposed by Landlord; (g) changes to the base, shell and core of the Building required by the Approved Working Drawings; (h) Tenant's failure to timely deliver the second (2nd) Letter of Credit as required under Section 4.4.1 of the Lease; or (i) any other acts or omissions of Tenant, or its agents, or employees (including Tenant's Architect); then, notwithstanding anything to the contrary set forth in this Lease and regardless of the actual date of the Substantial Completion of the Premises, the date of Substantial Completion and delivery of the Premises to Tenant (for purposes of determining the Delivery Date) shall be deemed to be the date Substantial Completion and delivery of the Premises to Tenant would have occurred if no Tenant Delays, as set forth above, had occurred.

Delay of Substantial Completion of the Premises. Except as provided in this Section 34, the Delivery Lease Commencement Date shall occur as set forth in the Basic Lease InformationLease. If there shall be a delay or there are delays in the Substantial Completion of the Premises (based upon the anticipated date of the occurrence of the Delivery Lease Commencement Date as set forth in the Lease) or in the occurrence of any of the other EXHIBIT B -3- [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 44 conditions precedent to the Delivery Lease Commencement Date, as set forth in the Lease, as a direct, indirect, partial, or total result of any of the following (collectively, "TENANT DELAYSTenant Delays"): (a) Tenant's failure to comply with the time deadlines (including the failure to obtain the Permits by May 15, 2001 and the failure to agree upon the selection of the Contractor by May 1, 2001); (b) ): 4.2.1 Tenant's failure to timely approve any matter requiring Tenant's approval; (c) a , provided that Landlord has requested such approval from Tenant’s Representative in writing; 4.2.2 A breach by Tenant of the terms of this Work Letter or the this Lease; (d) changes in the Final Space Plan or the Final Working Drawings requested by Landlord (but only as such changes are required to preserve the integrity of Landlord's Work or structural portions of the Building) or Tenant after ; 4.2.3 Tenant's initial submission thereof to Landlord; (e) Tenant's request for changes in the Approved Working Drawings (including, without limitation, any changes made in order to reduce the amount of the Cost Proposal (or Partial Cost Proposal, as the case may be); (f) Tenant's ' s requirement for materials, components, finishes finishes, or improvements that are not available in a reasonable time (based upon the anticipated Delivery Date) or that are different from, or not included in, the Building Specifications and Tenant's refusal to reasonably accept substitute materials, components, finishes and improvements proposed by Landlord; (g) changes to the base, shell and core date of the Building required by the Approved Working Drawings; (h) Lease Commencement Date), provided that Landlord has so notified Tenant and provided Tenant with an opportunity to modify Tenant's failure to timely deliver the second (2nd) Letter of Credit as required under Section 4.4.1 of the Lease; or (i) any other acts or omissions of Tenant, or its agents, or employees (including Tenant's Architect)’s requirements; then, notwithstanding anything to the contrary set forth in this Lease and regardless of the actual date of the Substantial Completion of the Premises, the date of Substantial Completion and delivery of the Premises to Tenant (for purposes of determining the Delivery Lease Commencement Date) shall be deemed to be the date on which Substantial Completion and delivery of the Premises to Tenant would have occurred if no Tenant Delays, as set forth above, had occurred.

Delay of Substantial Completion of the Premises. Tenant. Except as provided in this Section 34, the Delivery Lease Commencement Date shall occur as set forth in the Basic Lease InformationLease. If there shall be a delay or there are delays in the Substantial Completion of the Premises (based upon the anticipated date of the occurrence of the Delivery Lease Commencement Date as set forth in the Lease) or in the occurrence of any of the other EXHIBIT B -3- [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 44 conditions precedent to the Delivery Lease Commencement Date, as set forth in the Lease, as a direct, indirect, partial, or total direct result of any of the following (collectively, "TENANT DELAYSTenant Delays"): (a) Tenant's failure to comply with the time deadlines (including the failure to obtain the Permits by May 15, 2001 and the failure to agree upon the selection of the Contractor by May 1, 2001); (b) Tenant): 4.2.1 Txxxxx's failure to timely approve any matter requiring TenantTxxxxx's approval; (c) a , provided that Landlord has requested such approval from Txxxxx’s Representative in writing; 4.2.2 A breach by Tenant of the terms of this Work Letter or Lease; 4.2.3 Change orders requested by Txxxxx that are agreed on or directed as provided in Section 3.5, above, except as a result of non-conforming work by Contractor, the Lease; (d) changes in condition of the Final Space Plan Premises, or the Final Working Drawings requested by Landlord (but only as such changes are required to preserve the integrity of Landlord's Work or structural portions condition of the Building) or Tenant after Tenant's initial submission thereof to Landlord; (e) Tenant's request for changes in work performed under the Approved Working Drawings (including, without limitation, any changes made in order to reduce the amount of the Cost Proposal (or Partial Cost Proposal, as the case may be); (f) Tenant's requirement for materials, components, finishes or improvements that are not available in a reasonable time (based upon the anticipated Delivery Date) or that are different from, or not included in, the Building Specifications and Tenant's refusal to reasonably accept substitute materials, components, finishes and improvements proposed by Landlord; (g) changes to the base, shell and core of the Building required by the Approved Working Drawings; (h) Tenant's failure to timely deliver the second (2nd) Letter of Credit as required under Section 4.4.1 of the Lease; or (i) any other acts or omissions of Tenant, or its agents, or employees (including Tenant's Architect)Lease Improvement Construction Contract; then, notwithstanding anything to the contrary set forth in this the Lease and regardless of the actual date of the Substantial Completion of the Premises, but provided that the Tenant’s acts or omissions described in this Section 4.2, cause delay to the Lease Improvements or Tenant Improvements respective project schedules’ critical paths, which delays the date of Substantial Completion and delivery of the Premises to Tenant Premises, the date of Substantial Completion (for purposes of determining the Delivery Lease Commencement Date) shall be deemed to be the date on which Substantial Completion and delivery of the Premises to Tenant would have occurred if no Tenant Delays, as set forth above, had occurredoccurred (subject, however, to the provisions of Section 3A of the Lease and Section 4.3 of this Lease, to the extent a Landlord Delay occurs).

Delay of Substantial Completion of the Premises. Except as provided in this Section 34, the Delivery Lease Commencement Date shall occur as set forth in Section 7.2 of the Basic Lease InformationSummary and Article 2 of the Lease. If there shall be a delay or there are delays in the Substantial Completion of the Premises (based upon the anticipated date of the occurrence of the Delivery Lease Commencement Date as set forth in the Lease) or in the occurrence of any of the other EXHIBIT B -3- [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. 44 conditions precedent to the Delivery Lease Commencement Date, as set forth in Article 2 of the Lease, as a direct, indirect, partial, or total result of any of the following (collectively, "TENANT DELAYS"): (a) “Tenant Delays”): 4.2.1 Tenant's ’s failure to comply with the time deadlines (including the failure to obtain the Permits by May 15, 2001 and the failure to agree upon the selection of the Contractor by May 1, 2001); (b) Tenant's failure to timely approve any matter requiring Tenant's approval; ’s approval within five (c5) a business days following request therefor; 4.2.2 A breach by Tenant of the terms of this Tenant Work Letter or the this Lease; (d) changes in the Final Space Plan or the Final Working Drawings requested by Landlord (but only as such changes are required to preserve the integrity of Landlord's Work or structural portions of the Building) or Tenant after ; 4.2.3 Tenant's initial submission thereof to Landlord; (e) Tenant's ’s request for changes in the Space Plan, Draft Working Drawings or Approved Working Drawings (including, without limitation, any changes made in order to reduce the amount of the Cost Proposal (or Partial Cost Proposal, as the case may be); (f) Drawings; 4.2.4 Tenant's ’s requirement for materials, components, finishes or improvements that which are not available in a commercially reasonable time (based upon given the anticipated Delivery Date) date of Substantial Completion of the Premises, or that which are different from, or not included in, than Landlord’s standard improvement package items for the Building Specifications and Tenant's refusal to reasonably accept substitute materials, components, finishes and improvements proposed by Landlord; (g) changes to the base, shell and core of the Building required by the Approved Working Drawings; (h) Tenant's failure to timely deliver the second (2nd) Letter of Credit as required under Section 4.4.1 of the Lease; or (i) any Building; 4.2.5 Any other acts or omissions of Tenant, or its agents, or employees which are not remedied within two (including 2) business days following written notice thereof to Tenant's Architect); then, 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 Premises, the date of Substantial Completion and delivery of the Premises to Tenant (for purposes of determining the Delivery Lease Commencement Date) shall be deemed to be the date Substantial Completion and delivery of the Premises to Tenant would have occurred if no Tenant Delays, as set forth above, had occurred.