Landlord Delays. The one hundred thirty-five (135) day period specified in the definition of the Commencement Date shall be extended one (1) day for each day that Tenant is delayed in completing the Improvements in any portion of the Premises as a result of “Landlord Delay.” In addition, Tenant’s obligation to pay Basic Rental and Direct Costs shall be abated for one (1) day for each day of Landlord Delay (which abatement shall apply after expiration of the abatement period described in Section 3(a) of the Lease (i.e., commencing with the first (1 st) day of fourth (4th) full calendar month of the Term)). The term “Landlord Delay” shall mean only an actual delay in the completion of the Improvements which is caused by (a) the failure of Landlord to provide authorizations or approvals within the time periods set forth in this Tenant Work Letter, (b) the failure by Landlord to pay the Improvement Allowance when due under this Tenant Work Letter, (c) a violation by Landlord of its obligations under this Lease or this Tenant Work Letter, (d) the issuance of a stop work order by a governmental agency (but only to the extent caused for reasons within Landlord’s reasonable control and not caused by the act or omission of Tenant, its agents, employees or contractors) and/or (e) Landlord’s failure to meet dates specified in the construction schedule for Landlord’s Work referred to in Section 1 of this Tenant Work Letter, where such failure to meet such dates causes an actual delay in completion of the Improvements. Landlord’s failure to timely make the entire Premises available to Tenant shall not constitute a Landlord Delay, as such circumstance is addressed in Section 4.5 above. No Landlord Delay shall be deemed to have occurred unless Tenant has given Landlord written notice that an act or omission on the part of Landlord or its agents or employees is about to occur or has occurred which will cause a delay in the completion of the Improvements and Landlord has failed to cure such delay within two (2) business days after Landlord’s receipt of such notice, in which case the number of days of delay after such notice shall be a Landlord Delay.
Landlord Delays. If the Premises are not substantially completed by the fixed date specified in Section 1.7 due to default on the part of Landlord (as determined in accordance with Article 26 below), then as Tenant’s sole remedy for the delay in Tenant’s occupancy of the Premises, the fixed date component of the definition of the Commencement Date shall be delayed for the period of delay in substantial completion of the Premises resulting from Landlord’s default. The Premises shall be deemed “substantially completed” when (i) Landlord has provided reasonable access to the Premises to Tenant, (ii) Landlord has completed the work covered by the Work Letter other than details of construction which do not materially interfere with Tenant’s use of the Premises, and (iii) Landlord has obtained a permanent or temporary certificate of occupancy for the Premises (or its equivalent).
Landlord Delays. In the event that there are any actual delays in the completion of the Improvements caused by Landlord or the Landlord Parties, then after (A) written notice to Landlord setting forth with reasonable detail the existence and nature of such delay, and (B) the expiration of a two (2) business day cure period following Landlord’s receipt of such notice without the remedy thereof, any such delay shall thereafter be deemed a “Landlord Delay.” In addition, if Landlord fails to approve any matter during the time periods expressly specified in this Work Letter Agreement therefore, such failure shall immediately (following the outside date for Landlord’s response) constitute a Landlord Delay (to the extent actual delays in the completion of the Improvements ultimately result therefrom). In addition, to the extent that Landlord does not deliver possession of the Premises to Tenant on or before October 1, 2007, then for each day occurring thereafter until the actual date of delivery of possession, the same shall constitute a Landlord Delay (to the extent actual delays in the completion of the Improvements ultimately result therefrom). Any actual Landlord Delays under this Section 5.5 may result in an extension of the Lease Commencement Date, as defined in Section 3.2 of the Summary, by extending the outside Lease Commencement Date of February 1, 2008 by an equivalent number of days as such Landlord Delays. Notwithstanding anything contained in this Section 5.5 , in no event shall Tenant be obligated to employ extraordinary efforts or incur extraordinary expenses (e.g., overtime), to overcome any Landlord Delays. EXHIBIT C 6290 SEQUENCE DRIVE NOTICE OF LEASE TERM DATES To: _______________________ _______________________ _______________________ _______________________ Re: Office Lease dated ____________, 200__ between ____________________, a _____________________ (“Landlord”), and _______________________, a _______________________ (“Tenant”) concerning Suite ______ on floor(s) __________ of the office building located at ____________________________, _______________, California. Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows:
Landlord Delays. If the Commencement Date is delayed for any reason other than delays caused by Tenant as defined in Paragraph 4.2 above, then there shall be an abatement of Rent covering the period between the Anticipated Commencement Date and the date when Landlord delivers possession of the Premises to Tenant with the Tenant Improvements substantially completed and all other terms and conditions of this Lease shall remain in full force and effect. If, however, the Commencement Date does not within six (6) months after the Anticipated Commencement Date for any reason other than delays caused by Tenant or delays caused by Force Majeure Conditions, as defined herein, then Tenant shall have the right to terminate this Lease by delivery of written notice to Landlord no later than the date which is seven (7) months from the Anticipated Commencement Date. If the Commencement Date is delayed due to inclement weather, strikes or other labor disturbances, material shortages, casualties, or other causes beyond Landlord's reasonable control ("Force Majeure Conditions"), then the date for substantial completion of the Tenant Improvements, shall be extended for the period of time reasonably attributable to the occurrence of such Force Majeure Condition.
Landlord Delays. For purposes of this Work Letter Agreement, “Landlord Delays” shall mean any actual delay in the design, construction or installation of the Leasehold Improvements which is caused by any of the following: EXHIBIT “D”
Landlord Delays. Notwithstanding anything to the contrary in this Work Agreement or in the Lease, the Rent Commencement Date shall be extended on a day for day basis for any period of Landlord Delays. As used herein, the term “Landlord Delays” shall mean and refer to any actual delay in the completion of the Tenant Improvements and/or the Landlord Demolition Work attributable to or caused by (i) the request of Landlord, or (ii) Landlord’s failure to provide or give approvals to the Tenant Improvements within the time periods specified in this Work Agreement, or (iii) the discovery and required abatement of any Hazardous Materials during the performance of the Tenant Improvements and/or the Landlord Demolition Work not otherwise disclosed in Landlord’s operations and management plan for the Building, or (iv) any other intentional act of Landlord where Tenant has given Landlord written notice of the potential for such delay and Landlord has not corrected the basis for such delay within two (2) Business Days following such written notice, and provided that in all instances an actual delay in substantial completion beyond the Rent Commencement Date results from said Landlord Delay.
Landlord Delays. The Commencement Date shall occur as provided in Paragraph 2.b. of this Lease (as adjusted pursuant to Paragraph 3 of the Lease), provided that in the event that substantial completion of the Tenant Improvements is delayed as the result of a Landlord Delay (as defined below), then the Scheduled Commencement Date shall be extended by the lesser of (a) the aggregate number of days of such Landlord Delay and (b) the number of days beyond the Scheduled Commencement Date that substantial completion of the Tenant Improvements has been delayed as a result of such Landlord Delay; provided, however, in no event shall the Commencement Date be extended pursuant to this Section 3.1 beyond the date that Tenant first commences business operations in the Premises. The number of days that the 1005628.07/SF 375170-00002/11-24-16/mrm/mrm EXHIBIT I -13-
Landlord Delays. Any delay in the completion of construction of Landlord’s TI Work (but in each instance, only to the extent that any of the following such delay has actually and proximately caused substantial completion of Landlord’s TI Work to be delayed) caused by Landlord’s failure to act in accordance with the terms of this Tenant Work Letter, provided that a Landlord Delay shall not be deemed to have commenced until such time as Tenant has delivered written notice to Landlord specifying the circumstances that constitute a potential Landlord Delay.
Landlord Delays. “Landlord Delays” shall constitute the actual delay in the completion of the Tenant Improvements beyond the anticipated completion date to the extent caused by the following: (i) the failure by Landlord to approve or reasonably disapprove the Space Plans or the Working Drawings or to otherwise comply with its obligations under this Work Letter by the dates or within the time periods set forth above, (ii) any Changes requested by Landlord in the Space Plans, Working Drawings or Final Plans, after approval thereof by Landlord and Tenant (excluding Changes which result from unknown field conditions which could not reasonably have been anticipated by Landlord’s Contractor or Changes required to obtain permits for the work), (iii) any delay caused by the Prime Contractor, Landlord’s Contractor or the subcontractors including, without limitation, the failure of the Prime Contractor, Landlord’s Contractor or the subcontractors to process and execute (or disapprove) any Changes in a reasonably expeditious manner, (iv) any delay resulting from the performance of Landlord’s Work, and (v) the interruption in the availability of the freight elevator due to a required repair, except to the extent such repair is necessitated due to the actions of Tenant or Tenant’s vendors or contractors. In the event and to the extent a Landlord Delay during the Move In Period results in a delay in Tenant completing its preparation of the Premises for occupancy in accordance with Section 2.4 of the Lease by the Commencement Date, the Commencement Date under the Lease shall be delayed by one (1) day of each day of such Landlord Delay.
Landlord Delays. If Tenant shall be delayed in completing the Tenant Improvements as a result any of the following (collectively, “Landlord Delays”):
