Delay of the Substantial Completion of the Expansion Space. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space 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 (if any) 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 (as modified by the Second Amendment); 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 Landlord’s anticipated date of Substantial Completion of the Expansion Space, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building; 4.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of the Building required by the Final Space Plan and/or Approved Working Drawings; 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 Space 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 Second Amendment and regardless of the actual date of Substantial Completion, the Expansion Commencement Date (as set forth in Section 2 of the Second Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred. EXHIBIT A - 3 - 4000 SHORELINE Tizona Therapeutics, Inc.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Delay of the Substantial Completion of the Expansion Space. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space as a direct, indirect, partial, or total direct result of any of the following (collectively, “Tenant Delays”):
4.2.1 Tenant’s failure to timely approve the Final Space Plan or Working Drawings (if any) 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 (as modified by the Second Amendment)Lease;
4.2.3 Tenant’s request for changes in any of the Construction Drawings, except for changes necessary to satisfy Landlord’s obligations in Section 11 of the Fifth Amendment;
4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given Landlord’s the March 1, 2015 anticipated date of Substantial Completion of the Expansion Space, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building;
4.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of the Building required by the Final Space Plan and/or Approved Working DrawingsDrawings except for changes necessary to satisfy Landlord’s obligations in Section 11 of the Fifth Amendment;
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 Space or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
4.2.7 any other delay (other than those described above) caused by the acts or omissions of Tenant, or its agents, or employees, which delay continues for twenty-four (24) hours following written notice from Landlord; then, notwithstanding anything to the contrary set forth in the Second Fifth Amendment and regardless of the actual date of Substantial Completion, the Expansion Commencement Date (as set forth in Section 2 2.2 of the Second Fifth Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred. EXHIBIT A - 3 - 4000 SHORELINE Tizona Therapeutics, Inc..
Appears in 1 contract
Samples: Lease (Auspex Pharmaceuticals, Inc.)
Delay of the Substantial Completion of the Expansion Space. Except as provided in this Section 5.2, the Expansion Space Commencement Date shall occur as set forth in the First Amendment. If there shall be a delay or there are delays in the Substantial Completion of the Tenant Improvements in the Expansion Space as a direct, indirect, partial, or total result of any of the following (collectively, “"Tenant Delays”"):
4.2.1 5.2.1 Tenant’s 's failure to timely approve the Working Drawings (if any) or any other matter requiring Tenant’s '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 modified by the Second this First Amendment);
4.2.3 5.2.3 Tenant’s 's request for changes in any of the Construction Plans, Working Drawings or Approved Working Drawings;
4.2.4 5.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given Landlord’s the anticipated date of Substantial Completion of the Tenant Improvements in the Expansion Space, or which are different from, or not included in, Landlord’s 's standard tenant improvement package items for the Building;
4.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of the Building required by the Final Space Plan and/or Approved Working Drawings;
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 Space or Tenant’s specialized tenant improvement(s) (as determined by Landlord); or
4.2.7 any 5.2.5 Any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Second First Amendment or this Tenant Work Letter and regardless of the actual date of the Substantial CompletionCompletion of the Tenant Improvements in the Expansion Space, the Expansion Commencement Date (as set forth in Section 2 date of the Second Amendment) Substantial Completion thereof shall be deemed to be the date the Expansion Commencement Date that Substantial Completion would have occurred if no Tenant DelaysDelay, as set forth above, had occurred. EXHIBIT A - 3 - 4000 SHORELINE Tizona TherapeuticsIf there are delays in Substantial Completion of the Tenant Improvements due to shortages or other reasons not within the control of Tenant, Inc.including any delay attributable to the COVID-19 crisis, (i) such delay shall not be charged to Tenant as a Tenant Delay; (ii) such delay shall cause the commencement of the Beneficial Occupancy Period to be delayed until Substantial Completion of the Tenant Improvements is achieved; and
Appears in 1 contract
Samples: Lease
Delay of the Substantial Completion of the Expansion Space. If Except as provided in this Section 5, the Expansion Commencement Date and Tenant's obligation to pay rent for the Expansion Space shall occur as set forth in the Fourth Amendment. However, if there shall be a delay or there are delays in the Substantial Completion of the Improvements in the Expansion Space as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”"TENANT DELAYS"):
4.2.1 5.2.1 Tenant’s 's failure to comply with the Time Deadlines;
5.2.2 Tenant's failure to timely approve the Working Drawings (if any) 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 (Lease, as modified by the Second Amendment)amended;
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 (provided, however, that changes required to the first Final Space Plan and/or the first set of Final Working Drawings submitted to Landlord due to Landlord's disapproval thereof (but not any subsequent disapproval) shall not constitute a Tenant Delay hereunder provided that Tenant resubmits revised Construction Drawings within the time periods specified in Sections 3.2 or 3.3 above (as applicable));
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 Landlord’s the anticipated date of Substantial Completion of the Improvements in the Expansion Space, or which are different from, or not included in, Landlord’s standard tenant improvement items for the BuildingStandard 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 Final Space Plan and/or Approved Working Drawings;
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 Space 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 Second Fourth Amendment or this Tenant Work Letter and regardless of the actual date of the Substantial CompletionCompletion of Improvements in the Expansion Space, the Expansion Commencement Date (as set forth in Section 2 date of the Second Amendment) Substantial Completion thereof shall be deemed to be the date the Expansion Commencement Date that Substantial Completion would have occurred if no Tenant Delay or Delays, as set forth above, had occurred. EXHIBIT A - 3 - 4000 SHORELINE Tizona Therapeutics, Inc..
Appears in 1 contract
Delay of the Substantial Completion of the Expansion Space. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space 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 (if any) or any other matter requiring Tenant’s approval;
4.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease (as modified by the Second Amendment);
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 Landlord’s anticipated the estimated date of Substantial Completion of the Expansion Space, as set forth in the Second Amendment, or which are different from, or not included in, Landlord’s standard tenant improvement items for the Building;
4.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of the Building required by the Final Space Plan and/or Approved Working Drawings;
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 Space 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 Second Amendment and regardless of the actual date of Substantial CompletionCompletion of the Expansion Space, the Expansion Commencement Date (as set forth in Section 2 2.2 of the Second Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred. EXHIBIT A - 3 - 4000 SHORELINE Tizona Therapeutics, Inc..
Appears in 1 contract