Common use of Tenant Delays Clause in Contracts

Tenant Delays. There shall be no extension of the intended (and therefore actual) Commencement Date or Expiration Date of the Term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 above) if the Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements and/or the Approved Working Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section 3 above; (c) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan or Tenant’s requirements for special construction or phasing; (d) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delays.

Tenant Delays. There shall be no extension of the intended (and therefore actual) Commencement Date or Expiration Date of the Term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 above) if the “Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to Delays” means any delay attributable to Tenant and/or any of the Tenant Entities Tenant’s Representatives or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work, the Final Drawings and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the EP Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvementsparticular EP Tenant Improvements; (ef) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking data equipment and telecommunication systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (fg) the performance of any additional work pursuant to a change request Change Request that is requested initiated by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from the acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Final Drawings and Approved Working Final Drawings. Any Notwithstanding anything to the contrary contained in the Amendment, any delays in the construction of the EP Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which requirement that Tenant is required continue to commence paying pay Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunAmendment. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delays.and

Tenant Delays. There Tenant shall be no extension of the intended (and therefore actual) Commencement Date or Expiration Date of the Term of the Lease (as otherwise permissibly extended in accordance responsible for any costs incurred by Landlord with the provisions of Section 5 above) if the respect to Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay Delays which are delays attributable to Tenant and/or any of the Tenant Entities Tenant’s Representatives or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”)Premises, including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (ef) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delays.

Tenant Delays. There In no event shall be no extension of the intended (and therefore actual) Commencement Date or Expiration Date of the Term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 above) if the Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements and/or the Approved Working Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section 3 above; (c) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan or Tenant’s requirements for special construction or phasing; (d) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease be extended or delayed due or attributable to delays due to the fault of Tenant ("Tenant Delays"). Tenant Delays shall occur as if such include, but are not limited to, delays had caused by or resulting from any one or more of the following: (a) Tenant's failure to promptly cooperate with the architects and furnish information for the preparation of the Preliminary Plans and Working Drawings, or to prepare and submit to Landlord the Preliminary Plans within the applicable Construction Information Submittal Dates; (b) Tenant's failure to timely review and reasonably approve the Working Drawings by the applicable Construction Document Approval Dates; (c) Tenant's request for or use of special materials, finishes or installations which are not occurred and readily available, provided that Landlord shall notify Tenant in such event writing that the particular material, finish, or installation is not readily available promptly upon Landlord's discovery of same; (d) Delay attributable to failure by Tenant shall not be allowed to timely provide, or changes (including without limitation changes in location) to, specifications relating to the laboratories, data center, or any of the other specialized improvements; (e) Change orders requested by Tenant which actually occupy delay the Premises until Substantial Completion completion of the Tenant Improvements notwithstanding Improvements; (f) Interference by Tenant or by any Tenant Parties with Landlord's construction activities; (g) Tenant's failure to approve any other item or perform any other obligation in accordance with and by the dates specified herein or in the Construction Contract; (h) Requested or required changes in the Preliminary Plans, Working Drawings or any other plans and specifications after the approval thereof by Tenant or submission thereof by Tenant to Landlord; (i) Unavailability of or delay in the ability to timely procure equipment or materials specified for the build-out of the laboratories, data center or other specialized improvements, provided that Landlord shall notify Tenant in writing that the particular equipment or material is not readily available promptly upon Landlord's discovery of same; (j) Tenant's failure to timely approve written estimates of costs or to timely pay excess costs not timely elected to be amortized in accordance with this Work Letter; and (k) Tenant's obtaining or failure to obtain any necessary governmental approvals or permits for Tenant's intended use of the Premises. If the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant shall be wholly and completely responsible for Lease is delayed by any and all consequences related to Tenant Delays, includingwhether or not within the control of Tenant, without limitation, any costs then the Commencement Date of the Lease and expenses attributable to increases in labor or materials and the payment of Rent shall be accelerated by the number of days of such delay. Landlord shall give Tenant shall pay to Landlord, written notice within ten (10) business days following written demand thereforLandlord's discovery of any circumstance that Landlord believes constitutes a Tenant Delay, all costs and expenses arising from or related in the event of such timely notice the Tenant Delay shall relate back to the date such Tenant DelaysDelay began. If such notice is not given within ten (10) business days following Landlord's discovery of the circumstances that Landlord believes constitutes the Tenant Delay, then the Tenant Delay claim shall only be effective commencing from and after the date of delivery of such notice.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises Representatives (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements and/or the Approved Working DrawingsImprovements; (b) the failure of Tenant Tenant-to timely furnish all or any plans, drawings, specifications, finish details or other information required under Section 3 aboverequired, such as locations of outlets, switches and fixtures, in the time period required; (c) the failure of Tenant to comply with the requirements of Section 8 below; (d) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (d) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or phasing not reflected in the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvementsImprovements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Drawings’s Representatives. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There The following items shall be no extension of the intended referred to individually as a "Tenant Dela (and therefore actuala) Commencement Date or Expiration Date of the Term of the Lease (as otherwise permissibly extended in accordance Tenant's failure to comply with the provisions of Section 5 above) if the Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities deadlines specified in this Work Agreement; (b) changes or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant additions to the Tenant Improvements and/or Work or to the Approved Working Drawings; Tenant Plans (bincluding without limitation, any changes or additions requested or required for the Premises by Tenant or by any governmental authority or required in order to comply with any legal or base Building requirements or otherwise) subsequent to the date of Landlord's approval of the construction documents for the Premises; (c) any delay in obtaining any required permits or approvals with respect to the Tenant Work resulting from any deficiency in the Tenant Plans or any act or omission of Tenant, or any agent, employee or contractor of Tenant); (d) Tenant's failure to pay when due any amounts required pursuant to this Work Agreement; (e) the failure of Tenant to furnish all or any plansequipment, drawings, specifications, finish details materials or other information required under Section 3 above; (c) Tenant’s requirements items that are provided by Tenant and installed by Landlord to be delivered to Landlord In the time necessary for special work their installation or materials, finishes, or installations other than as described in the Final Space Plan or Tenant’s requirements for special construction or phasing; (d) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion failure of any work associated such equipment, materials or other items to comply with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; all required specification; (f) the performance of any additional work pursuant to a change request that is requested by any person or firm employed or retained by Tenant; ; (g) Tenant's request for materials, finishes or installations which are not available as needed to meet the performance general contractor's schedule for substantial completion; or (h) Tenant's or Tenant's agent, including Tenant's contractors, vendors, and Tenant's Representative's interference with the general contractor's schedule; (i) any default under the Lease (including without limitation any provisions of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any this Work Agreement) that causes a delay in the substantial completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to Work; or (j) any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysother Tenant-caused delay.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant's Representatives or Tenant’s 's intended particular use or specialized tenant improvements of the Premises (collectively, “"Tenant Delays”"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s 's requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s 's requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular 's use or Tenant’s 's specialized tenant improvements; (ef) the completion of any work associated with Tenant’s 's Installations, including without limitation, Tenant’s 's high-pile storage requirements, Tenant’s 's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s 's Installations; (fg) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises Representatives (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings, unless required to address an error made by Landlord or Landlord’s contractor. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 Paragraph 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant's Representatives or Tenant’s 's intended particular use or specialized tenant improvements of the Premises (collectively, “"Tenant Delays”"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Paragraphs 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxxxx 0 xxxxx; (x) Tenant’s 's requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan or Tenant’s 's requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements's use; (ef) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, 's specific laboratory requirements and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installationsthereto; (fg) the performance of any additional work pursuant to a change request that is requested Change Request by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or the or Tenant’ Entities's agents or employees, any Construction Entity, or any of their representatives or successors, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to date the Tenant Improvements would otherwise have been Substantially Completed but for any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises Representatives (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Sxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (ef) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (fg) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement ------------- Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant's Representatives or Tenant’s 's intended particular use or specialized tenant improvements of the Premises (collectively, “"Tenant Delays”"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s 's requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s 's requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular 's use or Tenant’s 's specialized tenant improvements; (ef) the completion of any work associated with Tenant’s 's Installations, including without limitation, Tenant’s 's high-pile storage requirements, Tenant’s 's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s 's Installations; (fg) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant’s Representatives or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), includingIncluding, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension Each of the intended following shall constitute a “Tenant Delay”: 7.4.1 Tenant’s failure to deliver the Tenant-Approved Construction Documents to Landlord by March 26, 2010. 7.4.2 Any failure by Tenant to furnish any required notice, plan, drawing, information, approval or consent within any respective required time period as set forth in this Section 7 or elsewhere in this Lease or in a written notice from Landlord at the time requested. 7.4.3 Tenant’s failure to (and therefore actuali) Commencement Date timely modify the Tenant-Approved Construction Documents or Expiration Date of the Term of the Lease (as otherwise permissibly extended any other applicable documents strictly in accordance with Landlord’s requests or (ii) timely re-submit the provisions of same, as modified, to Landlord, all in accordance with subsection 7.3.4.2 above. 7.4.4 Any changes to the Construction Documents (as the same may be modified pursuant to and in accordance with this Section 5 above7) if the Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to which changes are made or requested by Tenant following Tenant’s submission of any such documents to Landlord (regardless of whether Landlord has completed its review and approval of any of the same), or any changes to the Tenant Improvements and/or Work itself, provided that if Tenant’s request for a change to the Approved Working Drawings; (b) Tenant Work is specifically conditioned upon its approval of Landlord’s estimate of such delay, Landlord shall promptly notify Tenant of Landlord’s good-faith estimate of the anticipated delay, and the change shall not be placed into effect until Tenant shall have approved such estimated delay. 7.4.5 Delays in furnishing materials, services, supplies, labor or components required by the Tenant. 7.4.6 Delays caused by the performance of or failure to perform any work or by any activity in the Premises by Tenant or any of its employees, agents, or contractors. 7.4.7 Delays caused by any fault of Tenant or its agents, employees or contractors, including its architect and other designers and consultants. Notwithstanding the foregoing, in the event that any failure of Tenant to furnish all or take any plans, drawings, specifications, finish details or other information required under Section 3 above; (c) action described in this Subsection 7.4 is not due to circumstances within Tenant’s requirements for special work control, i.e., is due to either a Force Majeure Delay as defined in Section 1 above or materialsa Landlord Delay as defined in Section 3.3.3 above, finishesthen such failure shall not constitute a Tenant Delay under this Lease, but rather shall constitute a Force Majeure Delay or installations other than a Landlord Delay, as described in the Final Space Plan or Tenant’s requirements for special construction or phasingcase may be; (d) provided, however, that any changes required by delay on the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any part of Tenant’s Installations; (f) architect in timely producing the performance of any additional work pursuant to a change request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete -Approved Construction Documents or any delay in the completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all required revisions to the Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant thereof shall be wholly and completely responsible deemed a delay within Tenant’s control for any and all consequences related to Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delayspurposes hereof.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant's Representatives or Tenant’s 's intended particular use or specialized tenant improvements of the Premises (collectively, “"Tenant Delays”"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) Tenant’s the failure of Tenant to comply with the requirements of Sectxxx 00 xxxxx; (x) Xxxant's requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s 's requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular 's use or Tenant’s 's specialized tenant improvements; (ef) the completion of any work associated with Tenant’s 's Installations, including without limitation, Tenant’s 's high-pile storage requirements, Tenant’s 's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s 's Installations; (fg) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant’s Representatives or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises Representatives (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Sxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings, unless required to address an error made by Landlord or Landlord’s contractor. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension For purposes of the intended (and therefore actual) Commencement Date or Expiration Date of the Term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 above) if the Tenant Improvements have not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectivelythis Work Letter Agreement, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements and/or the Approved Working Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section 3 above; (c) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan or Tenant’s requirements for special construction or phasing; (d) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or ” shall mean any delay in the completion of the Tenant Improvements resulting from any or all of the following: (a) Tenant’s failure to timely perform any of its obligations pursuant to this Work Letter Agreement, including any failure to complete, on or before the due date therefor, any action item which is Tenant’s responsibility pursuant to the Work Schedule or any schedule delivered by Landlord to Tenant pursuant to this Work Letter Agreement; (b) Tenant’s changes to the Final Plans; (c) any delay of Tenant in making payment to Landlord for Tenant’s share of any costs in excess of the cost of the Tenant Improvements as described in the Work Cost Statement; (d) any other act or failure to act by Tenant, Tenant’s employees, agents, architects, independent contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant; (e) Tenant’s failure to furnish information or to respond to any request by Landlord for any approval or information within any time period prescribed, or if no time period is prescribed, then within two (2) Business Days of such workrequest; and/or (f) Tenant’s insistence on materials, finishes or installations other than Landlord’s Building Standard after having first been informed by Landlord in writing at or before the time of delivery to Tenant of final construction pricing for Tenant’s approval that such materials, finishes or installations will cause a Delay; (g) any request by Tenant that Landlord delay the completion of any of Landlord’s Work; (h) any and all delays caused breach or default by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Drawings. Any delays in the construction performance of Tenant’s obligations under the Lease; (i) any delay resulting from Tenant’s having taken possession of the Tenant Improvements due Premises prior to its being substantially completed, as defined above; or (j) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant shall be wholly and completely responsible causes for any and all consequences related to Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant DelaysDelay.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any actual delay attributable to Tenant and/or any of the Tenant Entities Tenant’s Representatives or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings after final approval by Landlord and Tenant of the Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 aboveand 4 above within the required time limits or, if no time limit is specified, in a prompt manner; (c) the failure of Tenant to comply with the requirements of Section 9 below; (d) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that Change Request (defined below in Section 9) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such workwork required to be performed in order for Substantial Completion to occur; and/or or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any actual delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant's Representatives or Tenant’s 's intended particular use or specialized tenant improvements of the Premises (collectively, “"Tenant Delays”"), including, but not limited to, any of the following described events or occurrencesoccurrences that delay the scheduled Commencement Date: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) Tenant’s the failure of Tenant to comply with the requirements of Sectxxx 00 xxxxx; (x) Xxxant's requirements for special work or materials, finishes, or installations other than as described the Building Standards (unless such materials are regularly used in the Final Space Plan construction) or Tenant’s 's requirements for special construction or phasingphasing (and Tenant is so notified by Landlord that such will delay the scheduled Commencement Date); (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular 's use or Tenant’s 's specialized tenant improvements; (ef) the completion of any work associated with Tenant’s 's Installations, including without limitation, Tenant’s 's high-pile storage requirements, Tenant’s 's racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delays, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begun. It is the intention of the parties that Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delays.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant’s Representatives or Tenant’s intended particular use or specialized tenant improvements of the Premises (collectively, “Tenant Delays”), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular use or Tenant’s specialized tenant improvementsTenant Improvements; (ef) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (fg) the performance of any additional work pursuant to a change request Change Request that is requested by Tenant; (gh) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or (hi) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities’s Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect effect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.

Tenant Delays. There shall be no extension of the intended (and therefore actual) scheduled Commencement Date or Expiration Date of the Term term of the Lease (as otherwise permissibly extended in accordance with the provisions of Section 5 6 above) if the Tenant Improvements have Work has not been Substantially Completed by the scheduled Commencement Date due to any delay attributable to Tenant and/or any of the Tenant Entities Tenant's Representatives or Tenant’s 's intended particular use or specialized tenant improvements of the Premises (collectively, “"Tenant Delays”"), including, but not limited to, any of the following described events or occurrences: (a) delays related to changes made or requested by Tenant to the Tenant Improvements Work and/or the Approved Working Final Drawings; (b) the failure of Tenant to furnish all or any plans, drawings, specifications, finish details or other information required under Section Sections 3 and 4 above; (c) the failure of Tenant to comply with the requirements of Xxxxxxx 00 xxxxx; (x) Tenant’s 's requirements for special work or materials, finishes, or installations other than as described in the Final Space Plan Building Standards or Tenant’s 's requirements for special construction or phasing; (de) any changes required by the fire department, building or planning department, building inspectors or any other agency having jurisdiction over the Building Building, the Work and/or the Tenant Improvements if such changes are directly attributable to Tenant’s particular 's use or Tenant’s 's specialized tenant improvements; (e) the completion of any work associated with Tenant’s Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to any requirements of governmental and regulatory agencies with respect to any of Tenant’s Installations; (f) the performance of any additional work pursuant to a change request that Change Request (defined below in Section 11) which is requested by Tenant; (g) the performance of work in or about the Premises by any person, firm or corporation employed by or on behalf of Tenant, including, without limitation, any failure to complete or any delay in the completion of such work; and/or or (h) any and all delays caused by or arising from acts or omissions of Tenant and/or the Tenant’ Entities's Representatives, in any manner whatsoever, including, but not limited to, any and all revisions to the Approved Working Final Drawings. Any delays in the construction of the Tenant Improvements due to any of the Tenant Delaysevents described above, shall in no way extend or affect the date on which Tenant is required to commence paying Rent under the terms of the Lease and the Commencement Date of the Lease shall occur as if such delays had not occurred and in such event Tenant shall not be allowed to actually occupy the Premises until Substantial Completion of the Tenant Improvements notwithstanding that the Commencement Date (and/or Rent schedules) have begunLease. It is the intention of the parties that all of such delays will be considered Tenant Delays for which Tenant shall be wholly and completely responsible for any and all consequences related to Tenant Delayssuch delays, including, without limitation, any costs and expenses attributable to increases in labor or materials and Tenant shall pay to Landlord, within ten (10) business days following written demand therefor, all costs and expenses arising from or related to such Tenant Delaysmaterials.