Common use of FAILURE TO COMPLETE CONSTRUCTION Clause in Contracts

FAILURE TO COMPLETE CONSTRUCTION. Tenant’s only remedies for Landlord’s failure to cause Substantial Completion (as defined in the Work Letter) of the Tenant’s Improvement Work and the Landlord’s Work (as each term is defined in the Work Letter, and collectively, the “Improvements”) to occur on or before the Estimated Improvement Completion Date (as defined in the Work Letter), as extended pursuant to the Work Letter, shall be as set forth in this Section 2.03. If Substantial Completion of the Improvements has not occurred on or before the date which is two (2) months following the Scheduled Improvement Completion Date, as hereinafter defined (the “Termination Option Date”), Tenant shall have the option to terminate this Lease by the delivery to Landlord of written notice within ten (10) days after the Termination Option Date or any one month anniversary of the Termination Option Date until Substantial Completion of the Improvements occurs. Tenant shall not be entitled to terminate the Lease for any delay in completion of the Premises prior to the Termination Option Date. If Verus Lease v06 -2- February 2, 2005 (8:51 pm) it appears that Substantial Completion of the Improvements may not occur on or before the Estimated Improvement Completion Date, as extended pursuant to the Work Letter (the “Scheduled Improvement Completion Date”), due to Tenant Caused Delays (as defined in the Work Letter) Landlord shall be entitled to incur overtime charges (“Overtime Charges”) with Landlord’s Contractor and shall use commercially reasonable efforts to accelerate the completion of Tenant’s Improvement Work to meet the Scheduled Improvement Completion Date.

FAILURE TO COMPLETE CONSTRUCTION. Tenant’s 's only remedies for Landlord’s 's failure to cause Substantial Completion (as defined in the Work Letter) of the Tenant’s 's Improvement Work and the Landlord’s 's Work (as each term is defined in the Work Letter, and collectively, the “"Improvements”") to occur on or before the Estimated Improvement Completion Date (as defined in the Work Letter)Term Commencement Date, as extended pursuant to the Work Letter, shall be as set forth in this Section 2.032.04. If Substantial Completion of the Improvements has not occurred on or before the date which is two six (26) months following the Scheduled Improvement Completion Date, as hereinafter defined Estimated Term Commencement Date (the “"Termination Option Date”"), Tenant shall have the option to terminate this Lease by the delivery to Landlord of written notice within ten (10) days after the Termination Option Date or any one month anniversary of the Termination Option Date until Substantial Completion of the Improvements occurs. Tenant shall not be entitled to terminate the Lease for any delay in completion of the Premises prior to the Termination Option Date. If Verus Lease v06 -2- February 2, 2005 (8:51 pm) it appears that Substantial Completion of the Improvements may not occur on or before the Estimated Improvement Completion Term Commencement Date, as extended pursuant to the Work Letter (the “"Scheduled Improvement Completion Term Commencement Date”"), due to Tenant Caused Delays (as defined in the Work Letter) Landlord shall be entitled to incur overtime charges (“"Overtime Charges”") with Landlord’s 's Contractor and shall use commercially reasonable efforts to accelerate the completion of Tenant’s 's Improvement Work to meet the Scheduled Term Commencement Date. If Tenant fails to submit a complete and fully detailed set of Tenant's Improvement Completion DatePlans to the City for plan check and approval on or before September 15, 2001, then Tenant shall reimburse Landlord within ten (10) days of Landlord's written request therefore for all Overtime Charges incurred by Landlord relating to such failure. In the event Tenant submits a complete and detailed set of Tenant's Improvement Plans to the City for plan check and approval on or before September 15, 2001, and the City does not approve Tenant's Improvement Plans or does not issues building permits for Tenant's Improvements on of before December 15, 2001, then any Overtime Charges payable to Landlord's Contractor shall be payable one-half (1/2) by Landlord and one half (1/2) by Tenant. If Tenant submits a complete and fully detailed set of Tenant's Improvement Plans to the City for plan check and approval on or before September 15, 2001, and the City issues building permits for Tenant's Improvements on of before December 15, 2001, then any Overtime Charges payable to Landlord's Contractor shall be payable by Landlord. No Overtime Charges shall be paid from the Tenant Improvement Fund.

FAILURE TO COMPLETE CONSTRUCTION. Tenant’s 's only remedies for Landlord’s 's failure to cause Substantial Completion (as defined in the Work Letter) of the Tenant’s 's Improvement Work and the Landlord’s 's Work (as each term is defined in the Work Letter, and collectively, the “"Improvements”") to occur on or before the Estimated Improvement Completion Date (as defined in the Work Letter)Date, as extended pursuant to the Work Letter, shall be as set forth in this Section 2.032.04. If Substantial Completion of the Improvements has not occurred on or before the date which is two three (23) months following the Scheduled Improvement Completion Date, as hereinafter defined (the “"Termination Option Date”"), Tenant shall have the option to terminate this Lease by the delivery to Landlord of written notice within ten (10) days after the Termination Option Date or any one month anniversary of the Termination Option Date until Substantial Completion of the Improvements occurs. Tenant shall not be entitled to terminate the Lease for any delay in completion of the Premises prior to the Termination Option Date. If Verus Lease v06 -2- February 2, 2005 (8:51 pm) it appears that Substantial Completion of the Improvements may not occur on or before the Estimated Improvement Completion Date, as extended pursuant to the Work Letter (the “"Scheduled Improvement Completion Date”"), due to Tenant Caused Delays (as defined in the Work Letter) Landlord shall be entitled to incur overtime charges (“"Overtime Charges”") with Landlord’s 's Contractor and shall use commercially reasonable efforts to accelerate the completion of Tenant’s 's Improvement Work to meet the Scheduled Improvement Completion Date. If Tenant fails to submit eighty percent (80%) complete detailed set of Tenant's Improvement Plans to the City for plan check and approval on or before March 3, 2003, or if Tenant fails to submit a complete and fully detailed set of Tenant Improvement Plans to the City for plan check and approval on or before March 17, 2003, then Tenant shall reimburse Landlord within ten (10) days of Landlord's written request therefore for all Overtime Charges incurred by Landlord relating to such failure. In the event Tenant submits a complete and detailed set of Tenant's Improvement Plans to the City for plan check and approval on or before March 17, 2003, and the City does not approve Tenant's Improvement Plans or does not issues building permits for Tenant's Improvements on or before April 14, 2003, then any Overtime Charges payable to Landlord's Contractor shall be payable one-half (1/2) by Landlord and one half (1/2) by Tenant. If Tenant submits eighty percent (80%) complete detailed set of Tenant's Improvement Plans to the City for plan check and approval on or before March 3, 2003, and a complete and fully detailed set of Tenant's Improvement Plans to the City for plan check and approval on or before March 17, 2003, and the City issues building permits for Tenant's Improvements on or before April 14, 2003, then any Overtime Charges payable to Landlord's Contractor shall be payable by Landlord. No Overtime Charges shall be paid from the Tenant Improvement Fund.

FAILURE TO COMPLETE CONSTRUCTION. Tenant’s 's only remedies for Landlord’s 's failure to cause Substantial Completion (as defined in the Work Letter) of the Tenant’s 's Improvement Work and the Landlord’s 's Work (as each term is defined in the Work Letter, and collectively, the “"Improvements”") to occur on or before the Estimated Improvement Completion Date (as defined in the Work Letter)Date, as extended pursuant to the Work Letter, shall be as set forth in this Section 2.03. If Substantial Completion of the Improvements has not occurred on or before the date which is two three (23) months following the Scheduled Improvement Completion Date, as hereinafter defined (the “"Termination Option Date”"), Tenant shall have the option to terminate this Lease by the delivery to Landlord of written notice within ten (10) days after the Termination Option Date or any one month anniversary of the Termination Option Date until Substantial Completion of the Improvements occurs. Tenant shall not be entitled to terminate the Lease for any delay in completion of the Premises prior to the Termination Option Date. If Verus Lease v06 -2- February 2, 2005 (8:51 pm) it appears that Substantial Completion of the Improvements may not occur on or before the Estimated Improvement Completion Date, as extended pursuant to the Work Letter (the “"Scheduled Improvement Completion Date”"), due to Tenant Caused Delays (as defined in the Work Letter) Landlord shall be entitled to incur overtime charges (“"Overtime Charges”") with Landlord’s 's Contractor and shall use commercially reasonable efforts to accelerate the completion of Tenant’s 's Improvement Work to meet the Scheduled Improvement Completion Date.

FAILURE TO COMPLETE CONSTRUCTION. Tenant’s only remedies for Landlord’s failure to cause Substantial Completion (as defined in the Work Letter) of the Tenant’s Improvement Work and the Landlord’s Work (as each term is defined in the Work Letter, and collectively, the “Improvements”) to occur on or before the Estimated Improvement Completion Date (as defined in the Work Letter)Date, as extended pursuant to the Work Letter, shall be as set forth in this Section 2.032.04. If Substantial Completion of the Improvements has not occurred on or before the date which is two three (23) months following the Scheduled Improvement Completion Date, as hereinafter defined (the “Termination Option Date”), Tenant shall have the option to terminate this Lease by the delivery to Landlord of written notice within ten (10) days after the Termination Option Date or any one month anniversary of the Termination Option Date until Substantial Completion of the Improvements occurs. Tenant shall not be entitled to terminate the Lease for any delay in completion of the Premises prior to the Termination Option Date. If Verus Lease v06 -2- February 2, 2005 (8:51 pm) it appears that Substantial Completion of the Improvements may not occur on or before the Estimated Improvement Completion Date, as extended pursuant to the Work Letter (the “Scheduled Improvement Completion Date”), due to Tenant Caused Delays (as defined in the Work Letter) Landlord shall be entitled to incur overtime charges (“Overtime Charges”) with Landlord’s Contractor and shall use commercially reasonable efforts to accelerate the completion of Tenant’s Improvement Work to meet the Scheduled Improvement Completion Date. If Tenant fails to submit eighty percent (80%) complete detailed set of Tenant’s Improvement Plans to the City for plan check and approval on or before March 3, 2003, or if Tenant fails to submit a complete and fully detailed set of Tenant Improvement Plans to the City for plan check and approval on or before March 17, 2003, then Tenant shall reimburse Landlord within ten (10) days of Landlord’s written request therefore for all Overtime Charges incurred by Landlord relating to such failure. In the event Tenant submits a complete and detailed set of Tenant’s Improvement Plans to the City for plan check and approval on or before March 17, 2003, and the City does not approve Tenant’s Improvement Plans or does not issues building permits for Tenant’s Improvements on or before April 14, 2003, then any Overtime Charges payable to Landlord’s Contractor shall be payable one-half (½) by Landlord and one half (½) by Tenant. If Tenant submits eighty percent (80%) complete detailed set of Tenant’s Improvement Plans to the City for plan check and approval on or before March 3, 2003, and a complete and fully detailed set of Tenant’s Improvement Plans to the City for plan check and approval on or before March 17, 2003, and the City issues building permits for Tenant’s Improvements on or before April 14, 2003, then any Overtime Charges payable to Landlord’s Contractor shall be payable by Landlord. No Overtime Charges shall be paid from the Tenant Improvement Fund.