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

Delay of the Substantial Completion of the Expansion Premises. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Premises as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval; 4.2.2 a breach by Tenant of the terms of this Work Letter Agreement or the Lease; 4.2.3 Tenant’s request for changes in any of the Construction Drawings; 4.2.4 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 Expansion Premises, as set forth in Section 2 of the Amendment, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of the Building required by the Approved Working Drawings, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Expansion Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or 4.2.7 any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease and regardless of the actual date of Substantial Completion, the Expansion Premises Commencement Date (as set forth in Section 2 of the Amendment) shall be deemed to be the date the Expansion Premises Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred.

Delay of the Substantial Completion of the Expansion Premises. Except as provided in this Section 5.2, the Expansion Commencement Date shall occur as set forth in this First Amendment and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Premises as a direct, indirect, partial, Tenant Improvements or total result in the occurrence of any of the following other conditions precedent to the Expansion Commencement Date, as set forth in of this First Amendment, as a result of (collectivelyeach, a “Tenant DelaysDelay”): 4.2.1 5.2.1 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval; 4.2.2 a 5.2.2 A breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, as hereby amended; 4.2.3 5.2.3 Tenant’s request for changes in any to the Tenant Improvements, the Space Plan, or, once completed, the Approved Working Drawings, or Tenant’s request for changes which cause the Approved Working Drawings to not be a logical extension of or consistent with the Construction DrawingsSpace Plan or Tenant’s request for changes which require non-Building standard methods, materials or finishes; 4.2.4 5.2.4 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 Expansion PremisesTenant Improvements, as set forth in Section 2 of the this First Amendment, or which are different from, or not included in, Landlord’s standard tenant improvement package items for the Building, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.5 changes 5.2.5 Changes to the Basebase, Shell shell and Core, structural components or structural components or systems core work of the Building required by the Approved Working Drawings, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Expansion Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or 4.2.7 any 5.2.6 Any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease Lease, as hereby amended, or this Tenant Work Letter and regardless of the actual date of the Substantial CompletionCompletion of the Tenant Improvements, the Expansion Premises Commencement Date (as set forth in Section 2 date of Substantial Completion of the Amendment) Tenant Improvements shall be deemed to be the date the Expansion Premises Commencement Date Substantial Completion of the Tenant Improvements would have occurred if no Tenant Delaysdelay or delays, as set forth above, had occurred.

Delay of the Substantial Completion of the Expansion Premises. If Except as provided in this Section 5.2, the Expansion Premises Commencement Date shall occur as set forth in this First Amendment and Section 5.1, above. Subject to the terms of Section 5.3, below, if there shall be a delay or there are delays in the Substantial Completion of the Expansion Premises as a direct, indirect, partial, or total result of any of to the following (collectively, “Tenant Delays”):extent resulting from: 4.2.1 5.2.1 Tenant’s failure to comply with the Time Deadlines; 5.2.2 Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval; 4.2.2 a 5.2.3 A breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease, as amended; 4.2.3 5.2.4 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; 5.2.5 Tenant’s request for changes in any of the Construction DrawingsApproved Working Drawings or the Systems Plans; 4.2.4 5.2.6 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 Expansion Premises, as set forth in Section 2 of the this First Amendment, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.5 changes 5.2.7 Changes to the Base, Shell and Core, structural components or structural components or systems of the Building Core required by the Approved Working Drawings, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.6 5.2.8 Any Tenant Caused Permit Failure, any changes in the Construction Drawings Tenant Caused Systems Permit Failure and/or the any Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use Caused C of the Expansion Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord)O Failure; or 4.2.7 any 5.2.9 Any other acts or omissions of Tenant, or its agents, or employees; (each, a “Tenant Delay”) then, notwithstanding anything to the contrary set forth in the Lease First Amendment or this Tenant Work Letter and regardless of the actual date of the Substantial CompletionCompletion of the Expansion Premises, the date of Substantial Completion of the Expansion Premises Commencement Date (as set forth in Section 2 of the Amendment) shall be deemed to be the date the Substantial Completion of the Expansion Premises Commencement Date would have occurred if no Tenant Delaysdelay or delays, as set forth above, had occurred.

Delay of the Substantial Completion of the Expansion Premises. Except as provided in this Section 5.2, the Expansion Commencement Date shall occur as set forth in the Amendment and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Premises or in the occurrence of any of the other conditions precedent to the Expansion Commencement Date, as set forth in the Amendment, as a direct, indirect, partial, or total result of any of of: 5.2.1 Tenant's failure to comply with the following (collectively, “Tenant Delays”):Time Deadlines; 4.2.1 5.2.2 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval; 4.2.2 a 5.2.3 A breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease; 4.2.3 Tenant’s request for changes 5.2.4 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; 5.2.5 Tenant's request for changes in the Approved Working Drawings; 4.2.4 5.2.6 Tenant’s '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 Expansion Premises, as set forth in Section 2 of the Amendment, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building, as disclosed by Landlord to Tenant prior to Tenant’s approval thereofStandard Improvement Package; 4.2.5 changes 5.2.7 Changes to the Base, Shell and Core, structural components or structural components or systems of the Building Core required by the Approved Working Drawings, as disclosed by Landlord to Tenant prior to Tenant’s approval thereof; 4.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s use of the Expansion Premises or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or 4.2.7 any 5.2.8 Any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease or this Tenant Work Letter and regardless of the actual date of the Substantial CompletionCompletion of the Expansion Premises, the date of the Substantial Completion of the Expansion Premises Commencement Date (as set forth in Section 2 of the Amendment) shall be deemed to be the date the Substantial Completion of the Expansion Premises Commencement Date would have occurred if no Tenant Delaysdelay or delays, as set forth above, had occurred.