Common use of Lease Commencement Date Delays Clause in Contracts

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary, provided that the Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Commencement Date Delay,” as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. As used herein, the term “Commencement Date Delay” shall mean only a “force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting office. 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 or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion “substantial completion of the Tenant Improvements Improvements,” as that term is defined below in this Section 5, in the Premises and Tenant’s move into the Premises to the extent which is caused solely by a “Commencement Date Delay,.” as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. As used herein, the term “Commencement Date Delay” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildingearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes industry-wide labor strikes or slow-downs lockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or shut downs substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the permitting officeconstruction of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or willful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, a “Landlord Caused Delay” shall mean only an actual delays to the extent delay resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any the Construction Drawings; (ii) material , the Final Space Plan and/or the Approved Working Drawing, and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with such failure results in an actual delay of the Substantial Completion completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015Improvements.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 3.1 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Lease Commencement Date Delay,” as that term is defined, below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015the Final Condition has occurred. As used herein, the term “Lease Commencement Date Delay” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeearthquakes. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord includingor Landlord’s agents, but employees or contractors (provided that Landlord Caused Delay shall not limited to include Landlord’s actions in connection with the construction of the Bridge Structures): (i) the failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material interference (when judged in accordance with industry custom and unreasonable interference practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s Agents to the Building 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 or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation but Tenant shall have a right to suspend its design and construction of work as a result thereof; its Improvements if Landlord fails to reimburse Tenant all or (iv) failure to deliver to Tenant sole and exclusive possession any part of the Premises in the Delivery Condition required by the Lease by September 1, 2015Improvement Allowance when due.

Lease Commencement Date Delays. The Lease Expansion Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 4 of the SummaryAmendment, provided that the Lease Expansion Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion “substantial completion of the Tenant Improvements Improvements,” as that term is defined below in this Section 5, in the Premises and Tenant’s move into the Premises to the extent which is caused solely by a “Commencement Date Delay,.” as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. As used herein, the term “Commencement Date Delay” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildingearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes industry-wide labor strikes or slow-downs lockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or shut downs substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the permitting officeconstruction of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or willful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, a “Landlord Caused Delay” shall mean only an actual delays to the extent delay resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any the Construction Drawings; (ii) material , the Final Space Plan and/or the Approved Working Drawing, and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with such failure results in an actual delay of the Substantial Completion completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015Improvements.

Lease Commencement Date Delays. The Each Lease Commencement Date shall occur as provided in Section 2.1 3.1 of this Lease and Lease, provided that the six (6) month period referenced in clause (i) of Section 3.2 3.2.1 of the Summary, provided that and clause (ii)(a) of Sections 3.2.2 and 3.2.3 of the Lease Commencement Date Summary shall be extended by the number one (1) day for each day of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Lease Commencement Date Delay,” as that term is defined, below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises within the applicable Phase to occur after October 13,2015the applicable date referenced in clause (ii) of Section 3.2.1 of the Summary and clause (ii)(b) of Sections 3.2.2 and 3.2.3 of the Summary. As used herein, the term “Lease Commencement Date Delay” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work LetterLetter which relates to the construction of Improvements within the applicable Phase. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the BuildingBuildings or Project, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeearthquakes. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord includingor Landlord’s agents, but not limited to employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction DrawingsDrawings pertaining to the applicable Phase; or (ii) material interference (when judged in accordance with industry custom and unreasonable interference practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements within the applicable Phase and which objectively preclude or delay the construction of tenant improvements in the applicable Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s Agents to the Building applicable 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 or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation but Tenant shall have a right to suspend its design and construction of work as a result thereof; its Improvements if Landlord fails to reimburse Tenant all or (iv) any part of the Improvement Allowance when due, provided that Landlord’s failure to deliver to reimburse Tenant sole and exclusive possession all or any part of the Premises Improvement Allowance when due shall not constitute a Landlord Caused Delay if Tenant elects to exercise its offset right set forth in Section 2.4 above with respect to such portion of the Delivery Condition required by the Lease by September 1, 2015Improvement Allowance.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Lease Commencement Date Delay,” , as that term is defined, defined below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015January 1, 2019. As used herein, the term “"Lease Commencement Date Delay” shall mean only a “force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting office. 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 Drawings; (ii) material interference (when judged in accordance with industry custom and unreasonable interference practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s 's Agents to the Building 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 or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation ), but Tenant shall have a right to suspend its design and construction of work as a result thereof; its Tenant Improvements if Landlord fails to reimburse Tenant all or (iv) failure to deliver to Tenant sole and exclusive possession any part of the Premises in the Delivery Condition required by the Lease by September 1, 2015Tenant Improvement Allowance when due.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 2.1.1 of this Lease and each Tranche Rent Commencement Date shall occur as set forth in Section 3.2 2.1.1 of the SummaryLease, provided that the Lease Commencement Date and any Tranche Rent Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and subject Tranche and/or Tenant’s move into the Premises subject Tranche when desired by Tenant to the extent caused by a “Commencement Date Delay,” as that term is defined, defined below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. As used herein, the term “Commencement Date Delay” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the BuildingBuildings, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist actsstrikes, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs earthquakes, failure of utilities, inability to secure labor or shut downs materials or reasonable substitutions therefor or inability to secure permits and governmental inspections beyond the time period that would normally be required to secure such permits and inspections on an objective basis by any other person or entity constructing improvements comparable to the permitting officeTenant Improvements. 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 includingParties, but not limited to including without limitation, the (i) except to the extent Landlord’s approval under this Tenant Work Letter is deemed granted pursuant to the terms of this Tenant Work Letter, failure of Landlord to timely approve or disapprove any Construction DrawingsDrawings or Change Orders or any other items within time periods set forth in this Tenant Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time; (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of general office use tenant improvements in the Building Buildings or move into the Premises by any personportion thereof, which interference relates to access by Tenant, or Tenant’s Agents to the Building Buildings or any Building Building’s facilities (including loading docks and freight elevators) or service 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 any delay in the acts or failures to act of Landlord or Landlord Parties with respect to payment funding of the Tenant Improvement Allowance by Landlord, (except as otherwise allowed under iv) a material breach by Landlord of a provision of this Tenant Work LetterLetter or as specifically provided in Section 6.8 or 6.11 of this Tenant Work Letter (v) and/or cessation of work as a result thereof; or (iv) Landlord’s failure to deliver to Tenant sole and exclusive possession maintain a temporary or permanent certificate of occupancy for the Premises in the Delivery Condition required Building by the Lease by September 1date of execution of this Lease, 2015.and (vi) the failure of Landlord to deliver the Base Building in substantially the condition required. EXHIBIT D [Electronic Arts]

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the Summary, provided that the Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s 's move into the Premises to the extent caused by a “"Commencement Date Delay,” " as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,201513, 2015. As used herein, the term “"Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting office. 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 or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s '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 or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; EXHIBIT B-9- TWO CIRCLE STAR WAY(Single-Tenant Lease Form)[Rovi Corporation] or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015.

Lease Commencement Date Delays. The Lease Commencement Date for -------------------------------- the Initial Premises shall occur as provided in Section 2.1 of this Lease and Section 3.2 SECTION 5.2 of the Summary, ----------- provided that the Lease Commencement Date it shall be extended delayed by the number one (1) day for each day of days of actual delay of the Substantial Completion "substantial completion of the Tenant Improvements Improvements," as that term is defined below in the Premises and Tenant’s move into the Premises SECTION 5.3, to the extent caused by a “"Lease Commencement Date Delay,” as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. ." ----------- As used herein, the term “Commencement Date Delay” "LEASE COMMENCEMENT DATE DELAY" shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work LetterSECTION 5.1. As used herein, the term “Force Majeure Delay” "FORCE MAJEURE DELAY" shall ----------- mean only an actual delay in the substantial completion of the Tenant Improvements to the extent resulting from strikes"Force Majeure" (as defined in SECTION ------- 19.24 of the Lease). Notwithstanding the foregoing, fire, wind, damage or destruction a Force Majeure Delay shall ----- not include governmental acts which specifically relate to the Building, explosion, casualty, flood, hurricane, tornado, construction of the elements, acts Tenant Improvements and which would not objectively delay construction of God or other general office improvements in the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeProject by any person. As used in this Tenant Work Letter, “Landlord Caused Delay” "LANDLORD CAUSED DELAY" shall mean mean, notwithstanding anything to the contrary set forth in this Tenant Work Letter, only those actual delays in the substantial completion of the Tenant Improvements to the extent resulting from the acts or omissions of Landlord or Landlord Parties including, but not limited to to: (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion completion of the Tenant Improvements and which objectively preclude or delay the precludes construction of tenant improvements Tenant Improvements in the Building or move into the Premises Project by any person, which interference relates to access to, or use of, by Tenant, or Tenant’s Agents to its agents and contractors, the Building or any Building, Building facilities (including loading docks and freight elevators) or service services (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof and Project Common Areas during normal construction hours; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or any cessation of work upon the Tenant Improvements as a result thereof; or (iv) the failure to deliver remediate Hazardous Materials discovered in the Building or the Project which are in violation of current laws, and which were not introduced into the Project by Tenant or its EXHIBIT C - Page 14 TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth] agents; (v) the failure of the Base, Shell and Core to comply with Code on an unoccupied basis; (vi) delays in designing and constructing the Tenant Improvements due to material inaccuracies in the Base Building Plans provided to Tenant sole by Landlord (except to the extent such delays would have been avoided had Tenant reasonably verified such Base Building Plans as required pursuant to this Tenant Work Letter); (vii) delay in obtaining a Temporary Certificate of Occupancy (or its equivalent) for the Building on an unoccupied basis by the appropriate governmental authorities; (viii) failure to provide Tenant with access to the Premises for purposes of installing the Tenant Improvements and exclusive possession Tenant's other fixtures, furnishings and equipment, after Tenant has received applicable building permits and other governmental approvals; (ix) failure to cause a particular floor of the Premises in to be delivered to Tenant Ready for Construction on or before the Delivery Condition required by Date for such floor as set forth in SECTION 2.1 of the Lease by September 1, 2015(provided that the aggregate amount of Landlord Caused ---------- Delay calculated under this item (ix) shall not exceed the largest amount of delay in failing to meet any particular Delivery Date); and (x) any other causes which are defined as a Landlord Caused Delay elsewhere in this Tenant Work Letter.

Lease Commencement Date Delays. The applicable Lease Commencement Date shall occur as provided in Section 2.1 3.1 of this Lease and Section 3.2 of the SummaryLease, provided that the applicable Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “"Lease Commencement Date Delay,” " as that term is defined, below, but only to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. As used herein, the term “"Lease Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeearthquakes. As used in this Tenant Work Letter, “"Landlord Caused Delay” " shall mean actual delays to the extent resulting from the following acts or omissions of Landlord includingor Landlord's agents, but not limited to employees or contractors: (i) the failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material interference (when judged in accordance with industry custom and unreasonable interference practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s 's Agents to the Building 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 or 738132.04/XXX000000-00001/6-26-15/alf/alf EXHIBIT X-00- 000 XXXXXXX[Dropbox, Inc.] Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation but Tenant shall have a right to suspend its design and construction of work as a result thereof; its Improvements if Landlord fails to reimburse Tenant all or (iv) failure to deliver to Tenant sole and exclusive possession any part of the Premises in the Delivery Condition required by the Lease by September 1, 2015Improvement Allowance when due.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises (as defined below) to the extent caused by a “"Lease Commencement Date Delay,” " as that term is defined, defined below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015the date which is the later of (a) the Lease Commencement Date and (b) seven (7) months following the Delivery Date. As used herein, the term “"Lease Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from industry-wide strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes earthquakes, or slowactual, industry-downs wide delay affecting all similar works of construction in the vicinity of the Building, including by reason of regulation or shut downs to the permitting officeorder of any governmental agency. As used in this Tenant Work Letter, “"Landlord Caused Delay” " shall mean actual delays in achieving the Substantial Completion of the Tenant Improvements 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 the Final Space Plan, Final Working Drawings, Tenant Improvement Changes, TI Contractor or Tenant's other Agents or to otherwise timely act in accordance with the deadlines set forth in this Tenant Work Letter; (ii) material unreasonable (when judged in accordance with industry custom and unreasonable practice) interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under by this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or 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 hoursTenant Improvements; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant EXHIBIT B-16- ONE TEHAMA[Social Finance, Inc.] Improvement Allowance (except as otherwise allowed under this Tenant Work Letter), but the same shall only constitute a delay until Tenant is entitled to offset the Tenant Improvement Allowance pursuant to Section 2.5 above; (iv) and/or cessation the failure of work as a result thereofLandlord Work to be constructed in accordance with Applicable Laws or any defects or deficiencies in the Landlord Work; (v) any deficiency in the path of travel drawings provided by Landlord that delays the issuance of any Permit; (vi) any other act or omission of Landlord, its contractors, subcontractors, agents or any Landlord Party; or (ivvii) Landlord's failure to deliver cause (or be deemed to Tenant sole and exclusive possession of the Premises in have caused) the Delivery Condition required by Date to occur seven (7) months prior to the Lease by September 1, 2015Commencement Date.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 Article 2 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion “substantial completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Commencement Date DelayImprovements,” as that term is defineddefined below in this Section 5, belowin the Premises which is caused solely by a “Lease Commencement Date Delay”, but only provided further that, notwithstanding anything in this Section 5 to the extent such contrary, in no event shall the Lease Commencement Date Delay causes be extended pursuant to the Substantial Completion terms of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015this Section 5 beyond December 31, 2005. As used herein, the term “Lease Commencement Date Delay” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delivery Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildingearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes industry-wide labor strikes or slow-downs lockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or shut downs substitute materials at a reasonable cost necessary for completing the Tenant Improvements), and delays (beyond eight (8) weeks following the date of Tenant’s submission of Landlord approved plans) for Tenant to obtain permits for the Tenant Improvements (except to the permitting officeextent any such delay results from or is related to (i) the Tenant Improvements including improvements which are not typical and customary general office tenant improvements, (ii) Tenant’s failure to respond to governmental requests and/or requirements on a commercially reasonable basis (including, without limitation, with respect to timing of resubmissions), and (iii) Tenant’s failure to cause Xxxxxx’s plans or the improvements contained therein to comply with Applicable Laws). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or wilful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, “Landlord Caused Delivery Delay” shall mean only an actual delays to the extent delay resulting from the acts or omissions of Landlord including, but not limited Xxxxxxxx’s failure to (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into promptly deliver the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant sole following Xxxxxx’s request following the full execution and exclusive possession unconditional delivery of the Premises in the Delivery Condition required by the Lease by September 1, 2015this Lease.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 Article 2 of this Lease and Section 3.2 the commencement of the Summarypayment of Base Rent shall occur as set forth in the Lease, provided that the Lease Commencement Date applicable Construction Period shall be extended delayed by the number of days of actual delay of the Substantial Completion "substantial completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Commencement Date DelayImprovements,” " as that term is defineddefined below in this Section 5, below, but only in the portion of the Premises to the extent which such Construction Period relates which is caused solely by a "Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. Delay." As used herein, the term “"Lease Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeearthquakes. As used in this Tenant Work Letter, “"Landlord Caused Delay” " shall mean actual delays in Tenant's construction of the Tenant Improvements resulting from (i) any breach of the Lease by Landlord (including, without limitation, failure to timely fund an installment of the Tenant Improvement Allowance); (ii) Landlord's failure to grant Tenant reasonable access to the Premises, parking areas, and loading facilities, (iii) delays in granting or denying Landlord's approval beyond the applicable period of time set forth in this Tenant Work Letter, (iv) material interference with Tenant's construction of the Tenant Improvements to the extent resulting from Landlord's failure to deliver the acts or omissions Base Building portions of Landlord including, but not limited to (i) failure the Premises in the condition set forth in Section 1 of Landlord to timely approve or disapprove any Construction Drawingsthis Tenant Work Letter; (iiv) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion in Tenant's completion of the Tenant Improvements (provided that Landlord's disapproval on any item requiring Landlord's consent subject to and which objectively preclude or delay in accordance with the terms of this Tenant Work Letter shall not be a Lease Commencement Date Delay), and (vi) failure of Landlord to provide one (1) elevator for Tenant's use during the construction the Tenant Improvements, the delivery of tenant improvements in the Building or Tenant's furniture, and Tenant's move into the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015.Premises. EXHIBIT B -9- 61

Lease Commencement Date Delays. The applicable Lease Commencement Date shall occur as provided in Section 2.1 3.2 of this Lease and Section 3.2 of the SummaryLease, provided that the applicable Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion of the Tenant Improvements in the Premises and Tenant’s move into the applicable Premises to the extent caused by a “Lease Commencement Date Delay,” , as that term is defined, defined below, but only to the extent such Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015July 1, 2015, with respect to the Building A Premises and after January 1, 2017, with respect to the Building B Premises. As used herein, the term “Lease Commencement Date Delay” shall mean only a “force Force Majeure Delay” Delay or a “Landlord Caused Delay,” , as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the applicable Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeearthquakes. 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 Drawings; (ii) material interference (when judged in accordance with industry custom and unreasonable interference practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the applicable Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s Agents to the Building applicable 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 or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation but Tenant shall have a right to suspend its design and construction of work as a result thereof; its Improvements if Landlord fails to reimburse Tenant all or (iv) failure to deliver to Tenant sole and exclusive possession any part of the Premises in the Delivery Condition required by the Lease by September 1, 2015Improvement Allowance when due.

Lease Commencement Date Delays. The Lease Commencement Date shall occur and/or Must Take Commencement Date, as provided in Section 2.1 of this Lease and Section 3.2 of the Summaryapplicable, provided that the Lease Commencement Date shall be extended by the number of days of actual delay of the Substantial Completion one (1) day for each day Tenant’s substantial completion of the Tenant Improvements in the initial Premises and or the Must Take Space, as applicable (excluding “Tenant’s move into the Premises to the extent caused by a “Commencement Date DelayLobby Work,” as that term is defineddefined in Section 2.4, below, but only ) is actually delayed due to the extent such Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. As used herein, the term “Commencement Date Delay” shall mean only a “force Majeure Landlord Delay” or a “Landlord Caused Tenant Force Majeure Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letterbelow. As used herein, the term . “Tenant Force Majeure Delay” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemyGod, terrorist actscasualties, sabotagenatural disasters, strikes, war, invasionterrorist attacks, insurrectionlockouts, rebellion, labor disputes or civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officecommotion. As used in this Tenant Work Letterherein, “Landlord Caused Delay” shall mean an actual delays to delay in the extent performance of the Tenant Improvements (excluding Tenant’s Lobby Work) resulting from the unreasonable acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawingsconstruction documents as required pursuant to this Tenant Work Letter; (ii) unreasonable and material and unreasonable interference by Landlord, its employees, agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements and which objectively preclude (including the impairment of Tenant’s contractors’ or delay vendors’ or employees’ access to the Premises or the Must Take Space, failure to provide reasonable access to the Property’s loading docks or other facilities necessary for the construction of tenant improvements in the Building or move into Tenant Improvements and/or the movement of materials and personnel to the Premises by any personor the Must Take Space for such purpose), which interference relates whether such failure is due to access by Tenantthe competing needs of other tenants, or Tenant’s Agents Landlord, or otherwise; provided that it shall not be deemed unreasonable and material interference to the Building or any Building facilities (including loading docks extent the allocation of such resources is equitable amongst the tenants needing to use such resources; 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 Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance Allowance. If Tenant contends that a Tenant Force Majeure Delay or a Landlord Delay has occurred, Tenant shall notify Landlord in writing (except the “Delay Notice”) of the event which constitutes such Tenant Force Majeure Delay or Landlord Delay, as otherwise allowed under applicable; such notice may, for the purposes of this Tenant Work Letter) and/or cessation of work Section 1.3., EXHIBIT B -2- 000 XXXXXXXX XXXXXX [Airbnb, Inc.] be via electronic mail to Landlord’s construction representative described in Section 5.2 below. If the actions or inactions or circumstances described in the Delay Notice qualify as a result thereof; Tenant Force Majeure Delay or a Landlord Delay, as applicable, and are not cured by Landlord within one (iv1) failure to deliver to Tenant sole and exclusive possession business day after Landlord’s receipt of the Premises in Delay Notice, then a Tenant Force Majeure Delay or Landlord Delay, as applicable, shall be deemed to have occurred commencing as of the Delivery Condition required by expiration of the Lease by September one (1, 2015) business day period.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 Article 2 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion “substantial completion of the Tenant Improvements Improvements,” as that term ‘is defined below in the Premises and Tenant’s move into this SECTION 5, in the Premises to the extent caused by a “Commencement Date Delay,” as provided that term is defined, below, but a Commencement Date Delay shall only occur to the extent such Commencement Date Delay causes the Substantial Completion substantial completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015is delayed beyond January 1, 1996. In addition, the Lease Expiration Date shall be automatically extended one day for each day the Lease Conunencement Date is delayed. As used herein, the term “Commencement Date DelayCOMMENCEMENT DATE DELAY” shall mean only a “force Force Majeure Delay” or a “Landlord Caused Delay,” as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “Force Majeure DelayFORCE MAJEURE DELAY” shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildingearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes industry-wide labor strikes or slow-downs lockouts (which objectively preclude Tenant from obtaining from any reasonable source of labor or shut downs substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts, including law changes, changes in interpretation of laws or the construction rules and regulations, delays attributable to the permitting officeacts of third parties not under contract with Tenant in obtaining the issuance of permits and the obtaining of inspections beyond customary time periods, which objectively preclude construction of tenant improvements in the Building by any person. As used in this Tenant Tent Work Letter, “Landlord Caused DelayLANDLORD CAUSED DELAY” shall mean actual delays to the extent resulting from the acts or omissions of Landlord (which acts are not expressly permitted by the terms of the Lease or this Tenant Work Letter) including, but not limited to to, (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) subject to Landlord’s reasonable construction rules and regulations and reasonable notice requirements contained therein, material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s Agents its agents and contractors 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 Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or any cessation of work upon the Tenant Improvements as a result thereof; or and (iv) Landlord’s failure to complete and deliver to Tenant sole the Base Building on or before the date which is thirty (30) days after the full execution and exclusive possession delivery of this Lease. Landlord hereby agrees that, notwithstanding the occurrence of the Premises in the Delivery Condition required by the Lease by September 1Commencement Date, 2015Landlord shall use commercially reasonable efforts to avoid any Landlord Caused Delay.

Lease Commencement Date Delays. The Lease Commencement Date shall ------------------------------ occur as provided in Section 2.1 Article 2 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion "substantial completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Commencement Date DelayImprovements,” " as that term is defineddefined below in this Section 5, below, but only to in the extent such Premises which is caused solely by a "Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. Delay." As used herein, the term “"Lease Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildingearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes industry-wide labor strikes or slow-downs lockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or shut downs substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the permitting officeconstruction of the Tenant Improvements and which objectively preclude construction of tenant improvements by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or wilful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, “"Landlord Caused Delay” " shall mean only an actual delays to the extent delay resulting from the acts or omissions of Landlord including, but not limited to to, (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) unreasonable and material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or Tenant’s Agents its agents and contractors 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 Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or any cessation of work upon the Tenant Improvements as a result thereof; or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 Article 2 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion "substantial completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Commencement Date DelayImprovements,” " as that term is defineddefined below in this Section 5, below, but only to in the extent such Premises which is caused solely by a "Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. Delay." As used herein, the term “"Lease Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter. As used herein, the term “Force Majeure Delay” "FORCE MAJEURE DELAY" shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes or slow-downs or shut downs to the permitting officeearthquakes. As used in this Tenant Work Letter, “Landlord Caused Delay” "LANDLORD CAUSED DELAY" shall mean actual delays in Tenant's construction of the Tenant Improvements resulting from (i) any breach of the Lease by Landlord (including, without limitation, failure to timely fund an installment of the Tenant Improvement Allowance); (ii) material interference with Tenant's construction of the Tenant Improvements to the extent resulting from the acts Landlord's failure to substantially complete items 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.8, 1.2.10, and/or 1.2.11 of Landlord's Work on or omissions of Landlord includingbefore August 15, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings1998; (iiiii) Landlord's failure to grant Tenant reasonable access to the Premises, parking areas, and loading and hoisting facilities, (iv) Landlord's failure to deliver Landlord's Work in compliance with in compliance with the terms of this Lease, (v) material and unreasonable interference by Landlord in Tenant's completion of the Tenant Improvements (provided that Landlord's disapproval on any item requiring Landlord's consent subject to and in accordance with the terms of this Tenant Work Letter shall not be a Lease Commencement Date Delay), its agents (vi) delays in granting or Landlord Parties (except as otherwise allowed under denying Landlord's approval beyond the applicable period of time set forth in this Tenant Work Letter, and (vii) with failure of Landlord to provide one (1) elevator for Tenant's use during the Substantial Completion of construction the Tenant Improvements Improvements, the delivery of Tenant's furniture, and which objectively preclude or delay the construction of tenant improvements in the Building or Tenant's move into the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or cessation of work as a result thereof; or (iv) failure to deliver to Tenant sole and exclusive possession of the Premises in the Delivery Condition required by the Lease by September 1, 2015Premises.

Lease Commencement Date Delays. The Lease Commencement Date shall occur as provided in Section 2.1 Article 2 of this Lease and Section 3.2 of the SummaryLease, provided that the Lease Commencement Date shall be extended delayed by the number of days of actual delay of the Substantial Completion "substantial completion of the Tenant Improvements in the Premises and Tenant’s move into the Premises to the extent caused by a “Commencement Date DelayImprovements,” " as that term is defineddefined below in this Section 5, below, but only to in the extent such Premises which is caused solely by a "Lease Commencement Date Delay causes the Substantial Completion of the Tenant Improvements and Tenant’s move into its Premises to occur after October 13,2015. Delay." As used herein, the term “"Lease Commencement Date Delay” " shall mean only a “force "Force Majeure Delay” " or a “"Landlord Caused Delay,” " as those terms are defined below in this Section 5.1 of this Tenant Work Letter5.1. As used herein, the term “"Force Majeure Delay” " shall mean only an actual delay resulting from strikes, fire, wind, damage or destruction to the Buildingearthquake, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, terrorist acts, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, earthquakes industry-wide labor strikes or slow-downs lockouts (which objectively preclude Tenant from obtaining from any reasonable source of union labor or shut downs substitute materials at a reasonable cost necessary for completing the Tenant Improvements), or governmental acts (which do not specifically relate to the permitting officeconstruction of the Tenant Improvements and which objectively preclude construction of tenant improvements in the Building by any person). Notwithstanding anything to the contrary contained herein, a Force Majeure Delay shall not include any of the foregoing delays to the extent caused by the negligence or wilful misconduct of Tenant, its contractors or agents. As used in this Tenant Work Letter, “"Landlord Caused Delay” " shall mean only an actual delays to the extent delay resulting from the acts or omissions of Landlord including, but not limited to to, (i) failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) unreasonable and material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) contractors with the Substantial Completion completion of the Tenant Improvements and which would objectively preclude or delay the construction of tenant improvements in the Building or move into the Premises by any person, which interference relates to access by Tenant, or 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; (iii) delays due to the acts or failures to act of Landlord Landlord, its agents or Landlord Parties contractors with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter) and/or any cessation of work upon the Tenant Improvements as a result thereof; or and (iv) Landlord's failure to deliver the Base Building to Tenant sole prior to January 2, 1997, provided that Tenant acknowledges that as of such date Landlord will not yet have completed the Base Building Work, and exclusive possession that such delivery of the Premises in Base Building without the Delivery Condition required by the Lease by September 1, 2015Base Building Work being completed shall not be a Landlord Caused Delay.