Common use of Landlord Caused Delays Clause in Contracts

Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; provided, however, that the Lease Commencement Date shall be extended on a day-for-day basis by the number of actual days of delay of the “Substantial Completion of the Improvements,” as that term is defined in Section 5.3 below, to the extent caused by a Landlord Caused Delay. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Improvements and which objectively preclude or delay the construction of Improvements in the Building by any person, which interference relates to access by Xxxxxx, or Xxxxxx’s Agents to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

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Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; providedLease, however, provided that the Lease Commencement Date shall be extended on a day-for-day basis delayed by the number of actual days of actual delay of the Substantial Completion of the Improvements,” as that term is defined Tenant Improvements in Section 5.3 below, the Premises to the extent caused by a "Landlord Caused Delay," as that term is defined, below, but only to the extent such Landlord Caused Delay causes the Substantial Completion of the Tenant Improvements to occur after March 1, 2019. As used in this Tenant Work Letterherein, "Landlord Caused Delay" shall mean actual delays in the substantial completion of the Premises to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant's construction of the acts or omissions of Landlord including, but not limited Tenant Improvements to the extent caused by (i) Landlord's failure of Landlord to timely approve or disapprove any Construction Drawingsmatter requiring Landlord's pertaining to the Tenant Improvements within the time periods set forth above or if not specified, within a reasonable period of time; (iii) Landlord's failure to timely disburse the Tenant Improvement Allowance; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors Landlord with the Substantial Completion substantial completion of the Improvements and which Premises if such interference (A) objectively preclude precludes or delay delays the construction of Improvements tenant improvements in the Building by or any personportion thereof, which interference and (B) relates to access by Xxxxxx, or Xxxxxx’s Agents Tenant to the Building Premises or any Building of the Building's facilities (including loading docks and freight elevators) or service services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; or (iii) delays due the negligence or willful misconduct of Landlord or the Landlord Parties pertaining to the acts Premises. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or failures re-scheduling of work, if feasible, but this sentence will not be deemed to act require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Landlord to attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the notice (the "Landlord Delay Notice") are not cured by Landlord within one (1) business day of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment ’s receipt of the Improvement Allowance; Landlord Delay Notice and (iv) delays due if such action, inaction or circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s non-delivery receipt of the Premises in a condition which allows Tenant to construct Landlord Delay Notice and ending as of the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.date such delay ends. 784015.04/WLA 888888-00017/8-7-18/ejs/ejs EXHIBIT B -8- [Seaport Center] [Adverum Biotechnologies, Inc.] 784015.04/WLA 888888-00017/8-7-18/ejs/ejs EXHIBIT B -9- [Seaport Center] [Adverum Biotechnologies, Inc.] 784015.04/WLA 888888-00017/8-7-18/ejs/ejs EXHIBIT B -10- [Seaport Center] [Adverum Biotechnologies, Inc.] 784015.04/WLA 888888-00017/8-7-18/ejs/ejs EXHIBIT B -11- [Seaport Center] [Adverum Biotechnologies, Inc.] 784015.04/WLA 888888-00017/8-7-18/ejs/ejs EXHIBIT B -12- [Seaport Center] [Adverum Biotechnologies, Inc.]

Appears in 1 contract

Samples: Lease (Adverum Biotechnologies, Inc.)

Landlord Caused Delays. The Lease Expansion Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; providedThird Amendment, however, provided that the Lease Commencement Date same shall be extended on a day-for-day basis by the number of actual days of actual delay of the “Substantial Completion substantial completion of the ImprovementsExpansion Premises Improvements to the extent caused by a “Landlord Caused Delay,” as that term is defined in Section 5.3 defined, below, but only to the extent caused by a such Landlord Caused DelayDelay causes the substantial completion of the Expansion Premises Improvements to occur after the date which is five (5) months following the date upon which the Expansion Premises is delivered to Tenant. As used in this Tenant Work Letterherein, “Landlord Caused Delay” shall mean actual delays in the substantial completion of the Expansion Premises Improvements to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant’s construction of the acts or omissions of Landlord including, but not limited Expansion Premises Improvements to the extent caused by (i) Landlord’s failure of Landlord to timely approve or disapprove any Construction Drawingsmatter requiring Landlord’s pertaining to the Expansion Premises Improvements within the time periods set forth above or if not specified, within a reasonable period of time; (iii) Landlord’s failure to timely disburse the Expansion Premises Improvement Allowance; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors Landlord with the Substantial Completion substantial completion of the Improvements and which Expansion Premises if such interference (A) objectively preclude precludes or delay delays the construction of Improvements tenant improvements in the Building by or any personportion thereof, which interference and (B) relates to access by Xxxxxx, or Xxxxxx’s Agents Tenant to the Building Expansion Premises or any Building of the Building’s facilities (including loading docks and freight elevators) or service services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; or (iii) delays due the negligence or willful misconduct of Landlord or the Landlord Parties pertaining to the acts Premises. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or failures re-scheduling of work, if feasible, but this sentence will not be deemed to act require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Landlord to attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the notice (the “Landlord Delay Notice”) are not cured by Landlord within one (1) business day of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment ’s receipt of the Improvement Allowance; Landlord Delay Notice and (iv) delays due if such action, inaction or circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s non-delivery receipt of the Premises in Landlord Delay Notice and ending as of the date such delay ends. This FOURTH AMENDMENT TO LEASE (this “Third Amendment”) is made and entered into as of the day of , 20 , by and between HCP LS REDWOOD CITY, LLC, a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on Delaware limited liability company (“Landlord”), and ONCOMED PHARMACEUTICALS, INC., a timely basisDelaware corporation (“Tenant”).

Appears in 1 contract

Samples: Sublease (Revolution Medicines, Inc.)

Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; provided, however, that the Lease Commencement Date shall be extended on a day-forto-day basis by the number of actual days of actual delay of the Substantial Completion of the Improvements,” as that term is defined Tenant Improvements in Section 5.3 below, to the extent Premises caused by a Landlord Caused Delay, as that term is defined below, but only to the extent such 151177627 v8 Landlord Caused Delay actually causes the Substantial Completion of the Tenant Improvements to occur after December 1, 2018. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord Landlord, its agents, employees or contractors, including, but not limited to to: (i) failure of Landlord to timely approve or disapprove any Construction DrawingsDrawings or any other matter that requires Landlord’s approval within the time periods set forth in this Work Letter; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion construction of the Improvements and which objectively preclude or delay the construction of Improvements in the Building by any personTenant Improvements, which including, without limitation, interference relates relating to access by XxxxxxTenant, or XxxxxxTenant’s Agents to the Building or any Building facilities (including loading docks and freight elevators) service; or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act Landlord with respect to the payment of the Tenant Improvement Allowance; , Additional Tenant Improvement Allowance and/or HVAC Allowance (except as otherwise allowed under this Work Letter). No Landlord Caused Delay shall be deemed to have occurred unless and until Tenant has provided written notice to Landlord specifying the action or inaction that Tenant contends constitutes a Landlord Caused Delay. If such action or inaction is not cured within one (iv1) delays due Business Day after receipt of such notice, then a Landlord Caused Delay shall be deemed to Landlord’s non-delivery have occurred commencing as of the Premises date such notice is received and continuing for the number of days the design and construction of the Tenant Improvements was in fact delayed as a condition which allows Tenant to construct the Improvements without material delays and/or any lack direct result of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.such action or inaction. 151177627 v8

Appears in 1 contract

Samples: Lease Agreement (Sangamo Therapeutics, Inc)

Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 1.6 of the Summary; provided, however, provided that the Lease Commencement Date shall be extended on a day-for-day basis by the number of actual days of delay of the “Substantial Completion substantial completion of the Improvements,” as that term is defined Tenant Improvements in Section 5.3 below, the Premises or Tenant’s occupancy of the Premises and commencement of operations to the extent caused by a "Landlord Caused Delay," as that term is defined, below, but only to the extent such Landlord Caused Delay causes the substantial completion of the Tenant Improvements to occur after the initially scheduled Commencement Date. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) the failure of Landlord to timely approve or disapprove any Construction Drawingsthe Space Plans, Final Plans or Work Cost Estimate; (ii) material and unreasonable (when judged in accordance with industry custom and practice) interference by Landlord, its agents, employees agents or contractors Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion substantial completion of the Tenant Improvements and which objectively preclude or delay the construction of Improvements tenant improvements in the Building by any person, which interference relates to access by XxxxxxTenant, or Xxxxxx’s Agents Tenant's agents to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; and (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act Landlord with respect to payment of the Improvement Allowance; and Tenant Improvements (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basisexcept as otherwise allowed under this Work Letter).

Appears in 1 contract

Samples: Office/Industrial Lease (iRhythm Technologies, Inc.)

Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; provided, however, that the Lease Commencement Date If there shall be extended on a day-for-day basis by the number of actual days of delay of or there are delays in the “Substantial Completion of the Improvements,(as that term is defined in Section 5.3 5.4, below, ) due to the extent caused by a Landlord Caused Delay,” then Tenant shall be entitled to the “Substantial Completion Rent Abatement” as more particularly set forth in Section 5.3, below. As used in this Tenant First Amendment Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Improvements and which objectively preclude or delay the construction of Improvements tenant improvements in the Building by any person, which interference relates to access by XxxxxxTenant, or Xxxxxx’s Agents the Contractor to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.

Appears in 1 contract

Samples: Office Lease (Favrille Inc)

Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; provided, however, that the Lease Commencement Date If there shall be extended on a day-for-day basis by the number of actual days of delay of or there are delays in the “Substantial Completion of the Tenant Improvements,(as that term is defined in Section 5.3 5.4, below, ) due to the extent caused by a Landlord Caused Delay,” then Tenant shall be entitled to the “Substantial Completion Rent Abatement” as more particularly set forth in Section 5.3, below. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of Improvements tenant improvements in the Building by any person, which interference relates to access by XxxxxxTenant, or Xxxxxx’s Agents the Contractor to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.

Appears in 1 contract

Samples: Office Lease (Favrille Inc)

Landlord Caused Delays. The Lease Expansion Space Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 4 of the Summary; providedFirst Amendment, however, provided that the Lease Expansion Space Commencement Date shall be extended on a day-for-day basis by the number of actual days of delay of the Substantial Completion of the Tenant Improvements,” , as that term is defined in Section 5.3 5.2, below, in the applicable portion of the Expansion Space to the extent (i) caused by a Landlord Caused Delay, as that term is defined below, and (ii) the subject delay causes the Substantial Completion of the Tenant Improvements to occur after September 1, 2019. As used in this Tenant Work Letterherein, the term “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (iia) material and unreasonable interference by Landlord, its agents, employees agents or contractors other Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude precludes or delay delays the construction of Improvements in the Building by any personTenant Improvements, which interference relates to access by XxxxxxTenant, or XxxxxxTenant’s Agents to the Building or any Building facilities (including loading docks and freight elevators) Common Areas or service (including temporary power and parking areas as provided hereinpower) during normal construction hours, or the use thereof during normal construction hours; , and (iiib) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act Landlord with respect to payment of the Tenant Improvement Allowance; and Allowance (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows except as otherwise allowed under this Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basisWork Letter).

Appears in 1 contract

Samples: Office Lease (Roku, Inc)

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Landlord Caused Delays. The Lease Commencement Date and Base Rent Abatement Period shall occur as provided in Section 2.1 3.2 of this Lease the Summary and Section 3.2 of the Summary; Lease, provided, however, that the Lease Commencement Date Base Rent Abatement Period shall be extended extended, on a day-for-day basis by basis, for each day of "Landlord Caused Delay" (as defined below), if any. Notwithstanding the number of actual days of delay foregoing, in no event shall the Base Rent Abatement Period be extended, irrespective of the existence of any Commencement Date Delay, if the "Substantial Completion of the Improvements,” " (as that term is defined below) occurs, or Tenant otherwise commences business in Section 5.3 belowthe portion of the Premises in which Tenant was constructing Improvements, to the extent caused by a Landlord Caused Delayon or before April 1, 2020. As used in this Tenant Work Letter, "Landlord Caused Delay" shall mean actual delays in the Substantial Completion of the Improvements to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents, employees agents or contractors the Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements and which objectively preclude or delay the construction of Improvements in the Building by any person, which interference relates to access by XxxxxxTenant, or Xxxxxx’s Tenant's Agents to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; and (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

Landlord Caused Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; provided, however, that the Lease Commencement Date shall be extended on a day-for-day basis by the number of actual days of delay of the “Substantial Completion of the Improvements,” as that term is defined in Section 5.3 below, to the extent caused by a Landlord Caused Delay,” as that term is defined below. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction DrawingsDocuments; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors with the Substantial Completion of the Improvements and which objectively preclude or delay the construction of Improvements in the Building by any person, which interference relates to access by XxxxxxTenant, or XxxxxxTenant’s Agents to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; and (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery of the Premises in a condition which allows Tenant to construct the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, Inc.)

Landlord Caused Delays. The Lease Expansion Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary; providedThird Amendment, however, provided that the Lease Commencement Date same shall be extended on a day-for-day basis by the number of actual days of actual delay of the “Substantial Completion substantial completion of the Improvements,” as that term is defined in Section 5.3 below, Expansion Premises Improvements to the extent caused by a "Landlord Caused Delay," as that term is defined, below, but only to the extent such Landlord Caused Delay causes the substantial completion of the Expansion Premises Improvements to occur after the date which is five (5) months following the date upon which the Expansion Premises is delivered to Tenant. As used in this Tenant Work Letterherein, "Landlord Caused Delay" shall mean actual delays in the substantial completion of the Expansion Premises Improvements to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant's construction of the acts or omissions of Landlord including, but not limited Expansion Premises Improvements to the extent caused by (i) Landlord's failure of Landlord to timely approve or disapprove any Construction Drawingsmatter requiring Landlord's pertaining to the Expansion Premises Improvements within the time periods set forth above or if not specified, within a reasonable period of time; (iii) Landlord's failure to timely disburse the Expansion Premises Improvement Allowance; (ii) material and unreasonable interference by Landlord, its agents, employees or contractors Landlord with the Substantial Completion substantial completion of the Improvements and which Expansion Premises if such interference (A) objectively preclude precludes or delay delays the construction of Improvements tenant improvements in the Building by or any personportion thereof, which interference and (B) relates to access by Xxxxxx, or Xxxxxx’s Agents Tenant to the Building Expansion Premises or any Building of the Building's facilities (including loading docks and freight elevators) or service services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; or (iii) delays due the negligence or willful misconduct of Landlord or the Landlord Parties pertaining to the acts Premises. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or failures re-scheduling of work, if feasible, but this sentence will not be deemed to act require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Landlord to attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the notice (the "Landlord Delay Notice") are not cured by Landlord within one (1) business day of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment ’s receipt of the Improvement Allowance; Landlord Delay Notice and (iv) delays due if such action, inaction or circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s non-delivery receipt of the Premises Landlord Delay Notice and ending as of the date such delay ends. 761257.05/WLA 183305-00010/3-9-17/gjn/gjn EXHIBIT B -11- HCP LS Redwood City, LLC [Third Amendment] [Oncomed Pharmaceuticals, Inc.] This FOURTH AMENDMENT TO LEASE (this "Third Amendment") is made and entered into as of the _____ day of ________, 20__, by and between HCP LS REDWOOD CITY, LLC, a Delaware limited liability company ("Landlord"), and ONCOMED PHARMACEUTICALS, INC., a Delaware corporation ("Tenant"). R e c i t a l s : A. Landlord (as successor in interest to Slough Redwood City, LLC) and Tenant are parties to that certain Lease dated May 30, 2006 (the "Original Lease"), as amended by that certain First Amendment to Lease dated November, 2006 (the "First Amendment"), that certain Acknowledgement of Rent Commencement Date dated as of March 9, 2007 ("Commencement Letter"), that certain Second Amendment to Office Lease dated December 22, 2010 (the "Second Amendment") and that certain Third Amendment to Lease dated ________, 2016 (the "Third Amendment") pursuant to which Lease Tenant leases from Landlord approximately 68,440 rentable square feet of space (the "Premises") consisting of the entire building (the " 800 Building") located at 800 Xxxxxxxxxx Xxxxx, in the Britannia Seaport Centre in Redwood City, California, and a condition which allows portion of the building located at 900 Xxxxxxxxxx Xxxxx, in the Britannia Seaport Centre in Redwood City, California. The Original Lease, the First Amendment, the Commencement Letter, the Second Amendment and the Third Amendment are, collectively, the "Lease." B. Landlord and Tenant to construct amend the Improvements without material delays and/or any lack of reasonably sufficient access thereto to allow Tenant to construct the Improvements on a timely basis.Lease as hereinafter provided. A g r e e m e n t :

Appears in 1 contract

Samples: Lease (OncoMed Pharmaceuticals Inc)

Landlord Caused Delays. The Lease Commencement Date shall occur Base Rent as provided in Section 2.1 of this Lease and Section 3.2 of to the Summary; provided, however, that the Lease Commencement Date Third Expansion Premises shall be extended on a day-for-day basis by abated for the number of actual days of actual delay of the “Substantial Completion substantial completion of the ImprovementsTenant Improvements in the Third Expansion Premises to the extent caused by (a) a "Landlord Caused Delay," as that term is defined, below, or (b) “Coronavirus Delay,” as that term is defined in Section 5.3 5.6 below, but only to the extent such Landlord Caused Delay or Coronavirus Delay causes the substantial completion of the Tenant Improvements to occur after the date which is six (6) months days following the delivery date. As used herein, "Landlord Caused Delay" shall mean actual delays in the substantial completion of the Premises to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant's construction of the Tenant Improvements to the extent caused by a Landlord Caused Delay. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) Landlord's failure of Landlord to timely approve or disapprove any Construction Drawingsmatter requiring Landlord's approval pertaining to the Tenant Improvements within the time periods set forth above or if not specified, within a reasonable period of time; (ii) Landlord's failure to timely disburse the Tenant Improvement Allowance or HVAC Allowance; (iii) material and unreasonable interference by Landlord, its agents, employees or contractors Landlord with the Substantial Completion substantial completion of the Improvements and which Third Expansion Premises if such interference (A) objectively preclude precludes or delay delays the construction of Tenant Improvements in the Building by therein or any personportion thereof, which interference and (B) relates to access by Xxxxxx, or Xxxxxx’s Agents Tenant to the Building Third Expansion Premises or any Building of the Building's facilities (including loading docks and freight elevators) or service services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord, its agents, employees or contractors including without limitation any such acts or failures to act with respect to payment of the Improvement Allowance; and (iv) delays due to Landlord’s non-delivery failure to complete the Removal Work on or before the Third Expansion Commencement Date. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the Premises in a condition event which allows constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to construct the Improvements without material delays and/or incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any lack of reasonably sufficient access thereto expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Tenant Landlord to construct attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the Improvements on notice (the "Landlord Delay Notice") are not cured by Landlord within one (1) business day of Landlord’s receipt of the Landlord Delay Notice and if such action, inaction or circumstance otherwise qualify as a timely basis.Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s receipt of the Landlord Delay Notice and ending as of the date such delay ends. ./ -/// -11- [Third Amendment] [Arcus Biosciences, Inc.]

Appears in 1 contract

Samples: Lease (Arcus Biosciences, Inc.)

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