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

Delay of the Substantial Completion of the New Premises. Except as provided in this Section 5.2, the Effective Date shall occur as set forth in the Third Amendment. If there shall be a delay or there are delays in the Substantial Completion of the Improvements in the New Premises as a result of the following (collectively, "Tenant Delays"): 5.2.1 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.2.2 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant's request for changes in the Plans, Working Drawings or Approved Working Drawings; 5.2.4 Changes in any of the Plans, Working Drawings or Approved Working Drawings because the same do not comply with applicable laws; 5.2.5 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 Improvements in the New Premises, or which are different from, or not included in, Landlord's standard improvement package items for the New Building; or 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 or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the Improvements in the New Premises, the date of Substantial Completion thereof shall be deemed to be the date that Substantial Completion would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.

Delay of the Substantial Completion of the New Premises. Except as provided in this Section 5.25, the Effective New Premises Commencement Date and Tenant’s obligation to pay rent for the New Premises shall occur as set forth in the Third AmendmentLease. If However, if there shall be a delay or there are delays in the Substantial Completion of the Improvements in the New Premises as a result of the following (collectively, "“Tenant Delays"”): 5.2.1 Tenant's ’s failure to comply with the Time Deadlines; 5.2.2 Tenant’s failure to timely approve any matter requiring Tenant's ’s approval; 5.2.2 5.2.3 A breach by Tenant of the terms of this Tenant Work Letter or the Lease; 5.2.3 Tenant's request for changes in the Plans, Working Drawings or Approved Working Drawings; 5.2.4 Changes in any of the Plans, Working Construction Drawings after disapproval of the same by Landlord or Approved Working Drawings because the same do not comply with Code or other applicable laws; 5.2.5 Tenant's ’s request for changes in the Approved Working Drawings; 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 Improvements in the New Premises, or which are different from, or not included in, Landlord's standard improvement package items for the New BuildingStandard Improvement Package; 5.2.7 Changes to the Base, Shell and Core required by the Approved Working Drawings; or 5.2.6 5.2.8 Any other acts or omissions of Tenant, or its agents, or employeesemployees which materially and adversely affect Landlord’s construction of the Improvements; 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 Completion of the Improvements in the New Premises, the date of Substantial Completion thereof shall be deemed to be the date that Substantial Completion would have occurred if no Tenant Delay or Delays, as set forth above, had occurred.

Delay of the Substantial Completion of the New Premises. Except as ------------------------------------------------------- provided in this Section 5.2, the Effective New Premises Commencement Date shall occur as set forth in Section 3.1 of the Third AmendmentFirst Amendment and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Improvements New Premises or in the occurrence of any of the other conditions precedent to the New Premises Commencement Date, as a result set forth in Section 3.1 of the following (collectivelyFirst Amendment, "Tenant Delays"):as direct, indirect, partial, or total result of: 5.2.1 Tenant's failure to timely approve any matter requiring Tenant's approval; 5.2.2 A breach by Tenant of the terms of this Tenant Work Letter Letter, the Lease or the Leasethis First Amendment; 5.2.3 Tenant's request for changes in the Plans, Working Drawings or Approved Working Drawings; 5.2.4 Changes in any of the Plans, Working Drawings or Approved Working Drawings because the same do not comply with applicable laws; 5.2.5 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 Improvements in the New Premises, as set forth in this First Amendment, or which are different from, or not included in, Landlord's standard improvement package items for the New Building; 5.2.6 Changes to the base, shell and core work of the Building required by the Approved Working Drawings; or 5.2.6 5.2.7 Any other acts or omissions of Tenant, or its agents, or employees; then, notwithstanding anything to the contrary set forth in the Lease this First Amendment or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the Improvements in the New Premises, the date of the Substantial Completion thereof of the New Premises shall be deemed to be the date that the Substantial Completion of the New Premises would have occurred if no Tenant Delay delay or Delaysdelays, as set forth above, had occurred. SECTION 6 --------- MISCELLANEOUS ------------- 6.1 Tenant's Entry Into the New Premises Prior to Substantial Completion. -------------------------------------------------------------------- Provided that Tenant and its agents do not interfere with Contractor's work in the Building and the New Premises, Contractor shall allow Tenant access to the New Premises prior to the Substantial Completion of the New Premises for the purpose of Tenant installing overstandard equipment or fixtures (including Tenant's data and telephone equipment) in the New Premises. Prior to Tenant's entry into the New Premises as permitted by the terms of this Section 6.1, Tenant shall submit a schedule to Landlord and Contractor, for their approval, which schedule shall detail the timing and purpose of Tenant's entry. Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Building or New Premises and against injury to any persons caused by Tenant's actions pursuant to this Section 6.1.

Delay of the Substantial Completion of the New Premises. Except as provided in this Section 5.2, the Effective New Premises Commencement Date shall occur as set forth in the Third Amendmentthis Twelfth Amendment and Section 5.1, above. If there shall be a delay or there are delays in the Substantial Completion of the Improvements New Premises or in the occurrence of any of the other conditions precedent to the New Premises Commencement Date, as set forth in of this Twelfth Amendment, as a direct, indirect, partial, or total result of the following (collectively, "Tenant Delays"):of: 5.2.1 Tenant's ’s failure to timely approve any matter requiring Tenant's approval’s approval within the stipulated required time; 5.2.2 A breach by Tenant of the terms of this Tenant Work Letter or the Lease, as amended; 5.2.3 Tenant's request for changes in the Plans, Working Drawings or Approved Working Drawings; 5.2.4 Changes in any of the Plans, Working Drawings or Approved Working Drawings because the same do not comply with applicable laws; 5.2.5 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 Improvements in the New Premises, as set forth in this Twelfth Amendment, or which are different from, or not included in, Landlord's ’s standard improvement package items for the New Building; 5.2.4 Changes to the base, shell and core work of the Building required by the Approved Working Drawings; or 5.2.6 5.2.5 Any other acts or omissions of Tenant, or its agents, or employees; thenthen (a “Tenant Delay”), notwithstanding anything to the contrary set forth in the Lease this Twelfth Amendment or this Tenant Work Letter and regardless of the actual date of the Substantial Completion of the Improvements in the New Premises, the date of Substantial Completion thereof of the New Premises shall be deemed to be the date that the Substantial Completion of the New Premises would have occurred if no Tenant Delay or Delays, as set forth above, had occurred. Notwithstanding the foregoing, no Tenant Delay shall occur unless and until Landlord has provided written notice to Tenant (a “Delay Notice”) specifying the action or inaction that Landlord contends constituted a Tenant Delay. If such action or inaction is not cured within one (1) business day after Tenant’s receipt of the Delay Notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice is received by Tenant and continuing for the number of days Substantial Completion of the Premises is delayed as a result of such action or in action; provided, however, that in no event shall Landlord be obligated to deliver more than one (1) Delay Notice, the parties hereby agreeing that a Tenant Delay shall be deemed to have occurred upon the occurrence of the same (without the requirement for Landlord to deliver a Delay Notice and/or to provide the Tenant cure period provided above) for the second (2nd) and every subsequent Tenant Delay, if applicable.