Common use of Delays in Completion Clause in Contracts

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements on or before the Estimated Commencement Date (as defined below), Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord and Tenant estimate that the Commencement Date shall be August 1, 1997 (the “ESTIMATED COMMENCEMENT DATE”). Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT D. No delay in Landlord’s completion of the Improvements caused by any Tenant Delay shall delay the commencement of Monthly Rent or the commencement of the Term hereunder. In the event of such a delay, Landlord shall set the “Commencement Date” by written notice to Tenant as the date the Improvements would have been substantially completed without the delay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riot, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is required, then the Commencement Date shall be extended by the period of the delay, and the period for Landlord’s performance of the Improvements shall be extended for a period equivalent to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other.

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. B-3. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements on or before the Estimated Commencement Date (as defined below), Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord and Tenant estimate that the Commencement Date shall be August 126, 1997 1999 (the “"ESTIMATED COMMENCEMENT DATE”"). Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT D. No delay in Landlord’s 's completion of the Improvements caused by any Tenant Delay shall delay the commencement of Monthly Rent or the commencement of the Term hereunder. In the event of such a delaydelay caused by any Tenant Delay, Landlord shall set the “"Commencement Date” " by written notice to Tenant as the date the Improvements would have been substantially completed without the such delay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Such right of Landlord to reset the Commencement Date shall not be permitted if the delay in Landlord's completion of the Improvements is due to any delay caused by Landlord or by the City of Redwood City provided that Tenant has timely submitted its plans in accordance with the schedule attached to EXHIBIT B-3. Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riot, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is requiredrequired (collectively, "Force Majuere Delays"), then the Commencement Date shall be extended by the period of the delay, and the period for Landlord’s 's performance of the Improvements shall be extended for a period equivalent to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delaysTenant Delay or Force Majeure Delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delaysForce Majeure Delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other; provided, however, in the event of cancellation pursuant to clause (ii) above, Landlord shall not be required to return to Tenant the expended portion of the Set Aside Funds as defined in EXHIBIT B. Tenant shall exercise its cancellation right within fifteen (15) days after such sixty (60) or ninety (90) day period as applicable.

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. Tenant agrees that if Landlord, for any -------------------- reason whatsoever, is unable to substantially complete the Improvements in the First Half Space on or before the Estimated Commencement Date (as defined below)Date, Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. In such event, the Commencement Date, the termination date and all other dates of this Lease shall not be extended and Tenant shall be --- ----- obligated to pay Monthly Rent and all other sums allocable to the Premises and due to Landlord hereunder, except as expressly set forth in Paragraph 5.A with ------------- respect to a delay of the Commencement Date solely attributable to a Landlord Delay, in which event the Commencement Date and the termination date shall be calculated in the manner set forth in Paragraph 5.A above. Landlord and Tenant ------------- estimate that the Commencement Date shall be August 1March 15, 1997 (the “ESTIMATED COMMENCEMENT DATE”"Estimated --------- Commencement Date"). Upon the establishment of the actual Commencement Date, ----------------- Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT Exhibit D. No delay in Landlord’s completion Notwithstanding the foregoing, if Landlord has not --------- commenced construction of the Improvements caused with respect to the First Half Space on or before April 1, 1997, except as a result of Tenant Delays or causes beyond the reasonable control of Landlord, then Tenant shall have the right to terminate the Lease by any Tenant Delay shall delay the commencement of Monthly Rent or the commencement of the Term hereunder. In the event of such a delay, Landlord shall set the “Commencement Date” by delivering written notice to Landlord (a "Termination Notice") at any time before commencement of construction of such Improvements, which termination shall be effective upon Landlord's receipt of such Termination Notice; provided, however, that Tenant as the date shall have no right to deliver a Termination Notice to Landlord pursuant to this sentence at any time after Landlord has commenced construction of the Improvements would have been substantially completed without in the delay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove definedFirst Half Space. Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riot, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is required, then the Commencement Date shall be extended by the period of the delay, and the period for Landlord’s performance of the Improvements shall be extended for a period equivalent to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other.

Delays in Completion. Landlord a. Tenant shall diligently prosecute be responsible for any delay in Substantial Completion past the completion scheduled Commencement Date resulting from any of the Improvements following causes: 1. Tenant’s failure to approve the Plans and Specifications (or any necessary modifications or additions thereto) within the time periods specified in accordance with this Work Letter; or 2. Tenant’s failure to pay any portion of the agreed costs of Tenant’s Work in excess of the Tenant Incentive Payment when due; or 3. Tenant’s specification of special materials or finishes, or special installations other than as may be specified in the Plans and Specifications, which special items cannot be delivered or completed within Landlord’s construction schedule attached (subject to EXHIBIT B. Landlord’s obligation to give Tenant agrees that if notice of same as hereinafter provided); or 4. any change in the Plans and Specifications caused by Tenant once finally approved and accepted by Landlord, for even though Landlord may approve such change; or 5. the performance of or failure to perform any reason whatsoever, is unable special work or installation by any person or firm employed by Tenant to substantially complete do any work on the Improvements on Premises; or 6. any work stoppage or before the Estimated Commencement Date (delay due to Tenant’s failure to use union contractors or labor as defined below), Landlord shall not be liable to Tenant for required by Landlord; or 7. any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord and Tenant estimate that the Commencement Date shall be August 1, 1997 (the “ESTIMATED COMMENCEMENT DATE”). Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT D. No other delay in Landlord’s completion Substantial Completion directly attributable to the negligent or willful acts or omissions of the Improvements caused by any Tenant Delay shall delay the commencement of Monthly Rent Tenant, its employees, agents or the commencement of the Term hereunder. contractor(s). b. In the event of such that any delay caused by Tenant results in or contributes to a delay, Landlord shall set delay in Substantial Completion past the “scheduled Commencement Date” by written notice to Tenant Date as provided in the date the Improvements would have been substantially completed without the delay Lease (as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riot, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is requiredarchitect for Tenant’s Work), then the Commencement Date shall be extended by deemed to have occurred with respect to the period payment of Rent only, and Tenant’s rental obligations shall commence as of the date Landlord would have otherwise achieved Substantial Completion but for Tenant’s delay, and the period for . c. In conjunction with Landlord’s performance review of the Improvements shall be extended for a period equivalent to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, Plans and upon such cancellationSpecifications, Landlord shall return all sums theretofore deposited advise Tenant of any special material, finish or fixture requested by Tenant with that will result in a delay in Landlord’s construction schedule beyond the scheduled Commencement Date. In such event, and neither party Tenant shall either modify its specifications so as not to delay construction or be deemed to have accepted responsibility for any further liability to the otherresulting delay.

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. B-3. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements on or before the Estimated Commencement Date (as defined below), Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord and Tenant estimate that the Commencement Date shall be August 126, 1997 1999 (the “ESTIMATED "Estimated COMMENCEMENT DATE”"). Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT D. No delay in Landlord’s 's completion of the Improvements caused by any Tenant Delay shall delay the commencement of Monthly Rent or the commencement of the Term hereunder. In the event of such a delaydelay caused by any Tenant Delay, Landlord shall set the “"Commencement Date” " by written notice to Tenant as the date the Improvements would have been substantially completed without the such delay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Such right of Landlord to reset the Commencement Date shall not be determined if the delay in Landlord's completion of the Improvements is due to any delay caused by Landlord or by the City of Redwood City provided a Tenant has timely submitted its plans in accordance with the schedule attached to EXHIBIT B-3 Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riotriots, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is requiredrequired (collectively, "Force Majuere Delays") then the Commencement Date shall be extended by the period of the delay, and the period for Landlord’s 's performance of the Improvements shall be extended for a period equivalent equivalent, to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premises substantially completed to Tenant Xxxxx on or before the date that is sixty (60) days day's after the Estimated Commencement Date for any reason other than force majeure delaysTenant Delay or Force Majeure Delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delaysForce Majeure Delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other.; provided, however, in the event of cancellation pursuant to clause (ii) above, Landlord shall not be required to return to Tenant the expended portion of the Set Aside Funds as defined in EXHIBIT B.

Delays in Completion. Landlord shall diligently prosecute the completion of the Improvements in accordance with the schedule attached to EXHIBIT B. Tenant agrees that if Landlord, for any reason whatsoever, is unable to substantially complete the Improvements on or before the Estimated Commencement Date (as defined below), Landlord shall not be liable to Tenant for any loss or damage therefrom, nor shall this Lease be void or voidable. Landlord and Tenant estimate that the Commencement Date shall be August 1, 1997 (the “"ESTIMATED COMMENCEMENT DATE”"). Upon the establishment of the actual Commencement Date, Landlord and Tenant shall execute a Commencement Date Memorandum in the form set forth in EXHIBIT D. No delay in Landlord’s 's completion of the Improvements caused by any Tenant Delay shall delay the commencement of Monthly Rent or the commencement of the Term hereunder. In the event of such a delay, Landlord shall set the “"Commencement Date” " by written notice to Tenant as the date the Improvements would have been substantially completed without the delay as reasonably determined by Landlord. Landlord shall then subsequently deliver the Premises to Tenant upon substantial completion as hereinabove defined. Tenant shall pay any and all costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, any and all costs and expenses attributable to increases in the cost of labor or materials. Notwithstanding the foregoing, if Landlord is delayed in the performance of the Improvements because of acts of any other party, actions of the elements, acts of nature, war, riot, strikes, lockouts, labor disputes, inability to procure or general shortage of labor or materials in the normal channels of trade, or delay in governmental action or inaction where action is required, then the Commencement Date shall be extended by the period of the delay, and the period for Landlord’s 's performance of the Improvements shall be extended for a period equivalent to the period of such delay. Notwithstanding anything to the contrary contained herein, if (i) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is sixty (60) days after the Estimated Commencement Date for any reason other than force majeure delays, or (ii) Landlord has not delivered the Premises substantially completed to Tenant on or before the date that is ninety (90) days after the Estimated Commencement Date for any reason, including but not limited to force majeure delays, then in either such event Tenant shall have the right thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other.