Common use of Tenant Delays Clause in Contracts

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space as a result of any of the following (collectively, “Tenant Delays”): 4.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment); 4.2.3 Tenant’s request for changes in the Construction Drawings (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); and 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the Building; 4.2.5 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space (in a manner different from its use of the Existing Premises); then, notwithstanding anything to the contrary set forth in the Third Amendment and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delay, the Expansion Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred (other than delay prior to such written notice from Landlord).

Tenant Delays. If there A “Tenant Delay” shall be a mean any delay or there are delays in the Substantial Completion of the Expansion Space Building as a result of any of the following following: (collectively, “Tenant Delays”): 4.2.1 i) Tenant’s failure to timely complete or approve any matter requiring Tenant’s approvalthe Tenant Improvement Plans by the dates set forth in Section 5.B, and/or (ii) Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 a breach approve the bids for construction by the dates set forth in Section 5.C, (iii) changes to the plans requested by Tenant which delay the progress of the terms of this Tenant Work Letter or the Lease work, (as modified by the Third Amendment); 4.2.3 iv) Tenant’s request for changes materials components, or finishes which are not available in a commercially reasonable time given the anticipated Commencement Date, (v) Tenant’s failure to make a progress payment for Tenant Improvements as provided in Section 5.F after notice from Landlord and expiration of the applicable cure period, (vi) Tenant’s request for more than one (1) rebidding of the cost of all or a portion of the work, and (vii) any errors or omissions in the Construction Drawings (other than changes to conform to the Scope of Work or Tenant Improvement Plans provided by Tenant’s architect unless caused by misinformation provided by Landlord, Landlord’s Building standard specifications for Architect or the Building); and 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the Building; 4.2.5 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space (in a manner different from its use of the Existing Premises); then, notwithstanding General Contractor. Notwithstanding anything to the contrary set forth in the Third Amendment this Lease, and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayPremises are Substantially Complete, the Expansion Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, Delay had occurred (other than delay prior to as reasonable determined by Landlord. In addition, if a Tenant Delay results in an increase in the cost of the labor or materials, Tenant shall pay the cost of such written notice from Landlord)increases.

Tenant Delays. If there A “Tenant Delay” shall be a mean any delay or there are delays in the Substantial Completion of the Expansion Space Building as a result of any of the following following: (collectively, “Tenant Delays”): 4.2.1 i) Tenant’s failure to timely complete or approve any matter requiring Tenant’s approvalthe Tenant Improvement Plans by the dates set forth in Section 5.B, and/or (ii) Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 a breach approve the bids for construction by the dates set forth in Section 5.C, (iii) changes to the plans requested by Tenant which delay the progress of the terms of this Tenant Work Letter or the Lease work, (as modified by the Third Amendment); 4.2.3 iv) Tenant’s request for changes materials components, or finishes which are not available in a commercially reasonable time given the anticipated Commencement Date, (v) Tenant’s failure to make a progress payment for Tenant improvements as provided in Section 5.F after notice from Landlord and expiration of the applicable cure period, (vi) Tenant’s request for more than one (1) rebidding of the cost of all or a portion of the work, and (vii) any errors or omissions in the Construction Drawings (other than changes to conform to the Scope of Work or Tenant Improvement Plans provided by Tenant’s architect unless caused by misinformation provided by Landlord, Landlord’s Building standard specifications for Architect or the Building); and 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the Building; 4.2.5 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space (in a manner different from its use of the Existing Premises); then, notwithstanding General Contractor. Notwithstanding anything to the contrary set forth in the Third Amendment this Lease, and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayPremises are Substantially Complete, the Expansion Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, Delay had occurred (other than delay prior to as reasonable determined by Landlord. In addition, if a Tenant Delay results in an increase in the cost of the labor or materials, Tenant shall pay the cost of such written notice from Landlord)increases.

Tenant Delays. If there shall be a delay or there are any actual delays in the Substantial Completion of any Sub-Phase of the Expansion Space Premises as a direct, indirect, partial, or total result of any of the following (collectively, of: 10.1.1. Any request or other matter identified as a “Tenant Delays”):Delay” in this Work Letter; 4.2.1 10.1.2. Tenant’s failure to comply with specified deadlines in the Time Deadlines established pursuant to this Work Letter or Xxxxxx’s failure to otherwise timely approve any matter requiring Tenant’s approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 a 10.1.3. A breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment)Lease; 4.2.3 Tenant’s request for 10.1.4. Any delays due to suspension of work in order to review pricing, schedule and other impacts of Tenant- requested changes, whether or not such changes in the Construction Drawings (other than changes to conform to the Scope of Work are approved or Landlord’s Building standard specifications for the Building); andimplanted as a final change order; 4.2.4 10.1.5. Tenant’s requirement for materials, components, finishes or improvements which that are different fromnot available in a commercially reasonable time given the anticipated date of Substantial Completion of any Sub-Phase of the Premises; or 10.1.6. Any other acts or omissions of Tenant, or not included inits agents, the Scope of Work or Landlord’s Building standard specifications for the Building; 4.2.5 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space (in a manner different from its use of the Existing Premises)employees; then, notwithstanding anything to the contrary set forth in the Third Amendment Lease or this Work Letter and regardless of the actual date of the Substantial Completion of any Sub-Phase of the Expansion SpacePremises, and provided that Landlord notified Tenant in writing the date of the Substantial Completion of such delay, the Expansion Commencement Date (as set forth in Section 2 Sub-Phase of the Third Amendment) Premises shall be deemed to be the date the Expansion Commencement Date Substantial Completion of such Sub-Phase of the Premises would have occurred if no Tenant Delaysdelay or delays, as set forth aboveabove or in any other Work Letter, had occurred occurred. This Agreement of Purchase and Sale and Joint Escrow Instructions (other than delay prior to such written notice from Landlordthis "Agreement"), dated as of the date set forth in Section 1.1 below (the "Effective Date"), is made by and of between [LANDLORD ENTITY], a Delaware limited liability company ("Seller"), and [TENANT ENTITY] ("Buyer"). The terms as set forth below shall have the meanings as set forth below when used in this Agreement.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space Tenant Improvements as a direct, indirect, partial, or total result of any of the following (individually, a “Tenant Delay”, and collectively, “Tenant Delays”): 4.2.1 (i) Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 (ii) a breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment)Lease; 4.2.3 (iii) Tenant’s request for changes in any of the Construction Drawings Drawings, or to any of the Landlord Work; (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); and 4.2.4 iv) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the Estimated Delivery Date, or which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the BuildingStandard Improvement Package; 4.2.5 (v) any changes in the Construction Drawings Drawings, the Tenant Improvements, and/or the Tenant Improvements Landlord Work required by applicable laws Laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space Premises or Tenant’s specialized Tenant Improvements (in a manner different from its use as reasonably determined by Landlord); (vi) changes to the base, shell and core work, the Building’s Structure, including the base, shell and core thereof, or the Building’s Systems required by the Approved Working Drawings; (vii) the installation of the Existing Premises); then, notwithstanding anything to the contrary set forth in the Third Amendment and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delay, the Expansion Commencement Date (as set forth HVAC on/off system described in Section 2 7(a) of the Third Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred (other than delay prior to such written notice from Landlord).this Lease; or

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space Premises (as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval, including a Partial Cost Proposal or the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment)Lease; 4.2.3 5.2.3 Tenant’s request for changes in the Construction Drawings (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); andDrawings; 4.2.4 5.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time (based upon the anticipated date of the Lease Commencement Date) or which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the BuildingSpecifications; 4.2.5 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings; 5.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space Premises or Tenant’s specialized tenant improvement(s) (in a manner different from as determined by Landlord); or 5.2.7 any other acts or omissions of Tenant, or its use of the Existing Premises)agents, or employees; then, notwithstanding anything to the contrary set forth in the Third Amendment Lease and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayPremises, the Expansion Lease Commencement Date (as set forth in Section 2 7.2 of the Third AmendmentSummary) shall be deemed to be the date the Expansion Lease Commencement Date would have occurred if no Tenant Delay or Delays, as set forth above, had occurred (other than delay prior to such written notice from Landlord)occurred.

Tenant Delays. If there Tenant shall be a responsible for, and shall pay to Landlord, any and all costs and expenses incurred by Landlord in connection with any delay or there are delays in the Substantial Completion of the Expansion Space as a result commencement or completion of any Tenant Improvements and any increase in the cost of the following Tenant Improvements caused by (collectively, “Tenant Delays”): 4.2.1 i) Tenant’s failure to timely submit information to the Architect or approve Working Drawings, the Premises Contract, the Final Cost Estimate, or cost estimates for Changes within the time periods required herein or to provide any matter requiring Tenant’s approvalother response or information within the time periods required herein, and/or (ii) any delays (other than a Force Majeure) in obtaining any items or materials constituting part of the Tenant Improvements requested by Tenant that are not Building Standard, including, but not limited to, the Special Tenant Improvements, (iii) any Changes which in the aggregate reasonably cause Substantial Completion to occur after the Scheduled Commencement Date, (iv) Tenant’s failure to timely perform make any payment within the time period specified herein, (v) any delays caused by Tenant or Tenant’s contractors accessing the Premises prior to Substantial Completion pursuant to installation of Tenant’s Work and other items described in Section 8.3 of this Workletter, or (vi) any other obligation delay requested or act required of Tenant hereunder; 4.2.2 a breach caused solely by Tenant of the terms of this (collectively “Tenant Work Letter or the Lease (as modified by the Third AmendmentDelay”); 4.2.3 Tenant’s request for changes in the Construction Drawings (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); and 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the Building; 4.2.5 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space (in a manner different from its use of the Existing Premises); then, notwithstanding . Notwithstanding anything to the contrary set forth in this Section 9.4, Tenant’s failure to submit information to the Architect or approve Working Drawings, the Premises Contract, or the Final Cost Estimate within the time periods required in Sections 5.2 or 7.1 of this Workletter or to provide any other response or information within the time periods required in Sections 5.2 or 7.1 of this Workletter shall not constitute a default under the Lease and shall not result in Tenant being responsible for costs and expenses incurred by Landlord with respect to related delays in the Third Amendment and regardless commencement or completion of Tenant Improvements; provided, however, that the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delay, the Expansion Scheduled Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no extended by one (1) day for each such day of Tenant Delays, as set forth above, had occurred (other than delay prior to such written notice from Landlord)Delay.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space Premises (as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval, including the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease (as modified by the Third Amendment)Lease; 4.2.3 5.2.3 Tenant’s request for changes in the Construction Drawings (other than changes to conform only to the Scope of Work or Landlord’s Building standard specifications for extent such changes cause a delay in the Building); andtimelines; 4.2.4 5.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a reasonable time (based upon the anticipated date of the Commencement Date set forth in Section 1.7 of the Summary) or which are different from, or not included in, the Scope Specifications. In the event that items are not available, Landlord shall provide notice to Tenant of Work or Landlord’s Building standard specifications for such unavailability and give Tenant the Buildingability to select alternative items; 4.2.5 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings only to the extent required by a specific use by Tenant that is not covered by the Lease; 5.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space Premises or Tenant’s specialized tenant improvement(s) (in a manner different from as determined by Landlord); or EXHIBIT “C” TXXXXX XXXXX COURT, LA JOLLA 5.2.7 any other acts or omissions of Tenant, or its use of the Existing Premises)agents, or employees; then, notwithstanding anything to the contrary set forth in the Third Amendment Lease and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayPremises, the Expansion Commencement Date (as set forth in Section 2 1.7 of the Third AmendmentSummary) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred (occurred. Notwithstanding anything above to the contrary, no Tenant Delay shall apply to any delays by the City of San Diego or other than delay prior governmental agency, in issuing permits beyond the period of time required to such written notice from Landlord)issue building permits for the Tenant Improvements where the delays were not directly related to an action or inaction of Tenant.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space as a direct, indirect, partial, or total result of any of the following (collectively, “"Tenant Delays”"): 4.2.1 5.2.1 Tenant’s 's failure to timely approve the Working Drawings or any other matter requiring Tenant’s 's approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment)Lease; 4.2.3 5.2.3 Tenant’s 's request for changes in any of the Construction Drawings (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); andDrawings; 4.2.4 5.2.4 Tenant’s 's requirement for materials, components, finishes or improvements which are different from, or not included in, available in a commercially reasonable time given the Scope estimated date of Work or Landlord’s Building standard specifications for the Building; 4.2.5 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use Substantial Completion of the Expansion Space (in a manner different from Space; 5.2.5 changes to the Base, Shell and Core, structural components or structural components or systems of Hanger 5 requested by Tenant; or 5.2.6 any other acts or omissions of Tenant, or its use of the Existing Premises); agents, or employees. then, notwithstanding anything to the contrary set forth in the Third Amendment Lease and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayCompletion, the Expansion Space Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Space Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred. Notwithstanding the foregoing to the contrary, no Tenant Delay shall be deemed to have occurred unless (other than delay prior A) Landlord has delivered to such Tenant written notice from Landlord)(the "Tenant Delay Notice") specifying in reasonable detail the actions, inactions or circumstances Landlord claims constitute such applicable Tenant Delay, and (B) Tenant fails to cure such action, inaction or circumstance within one business day after Tenant's receipt of the Tenant Delay Notice.

Tenant Delays. If there shall be a delay or there are For purposes of this Lease, including this Work Letter, delays in the Substantial Completion of the Expansion Space as a result of Landlord’s Work directly or indirectly caused by any of the following (collectively, circumstances shall constitute “Tenant Delays”):: 4.2.1 5.1. Any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of Landlord’s Work because of a possible change to be initiated by Tenant or for any other reason directed by Tenant, or delays which result directly or indirectly from Tenant’s requested changes in the approved TI Plans or Landlord’s Work; 5.2. Tenant’s failure to timely approve any matter requiring Tenant’s approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 a 5.3. A breach by Tenant of the terms of this Tenant Work Letter or this Lease beyond any applicable notice and cure period but only to the Lease (as modified by the Third Amendment)extent such breach results in an actual delay in Substantial Completion; 4.2.3 Tenant’s request for changes in the Construction Drawings (other than changes 5.4. The failure of Tenant to conform pay when due any amount payable pursuant to the Scope of this Lease or this Work or Landlord’s Building standard specifications for the Building); andLetter; 4.2.4 5.5. Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of Landlord’s Work, or which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications tenant improvement specifications; provided, however, that this Section 5.5 shall not apply to the extent Tenant agrees to substitute for such item another item that is available and can be installed within the Buildingrequired time frames; 4.2.5 any changes 5.6. Changes to the base, shell and core requested by Tenant as specified on the approved TI Plans; or 5.7. Any other action or inaction of Tenant, or its agents, contractors, or employees. In addition to the effect upon the Rent Commencement Date, as provided in the Construction Drawings and/or the Lease, Tenant Improvements required shall, upon demand, pay Landlord as Additional Rent, any actual and documented costs or expenses incurred by applicable laws if such changes are directly attributable to Tenant’s specific use Landlord as a result of the Expansion Space (in a manner different from its use of the Existing Premises); then, notwithstanding anything to the contrary set forth in the Third Amendment and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delay, the Expansion Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no any Tenant Delays, as set forth aboveincluding without limitation, had occurred (other than delay prior to such written notice from Landlord)any increases in costs or expenses for labor or materials.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space Tenant Improvements as a result of any of the following (individually, a “Tenant Delay”, and collectively, “Tenant Delays”): 4.2.1 (i) Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 (ii) a breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment)Lease; 4.2.3 (iii) Tenant’s request for any Change Orders or any changes in any of the Construction Drawings (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); and 4.2.4 Tenant’s requirement for materials, components, finishes or improvements which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the BuildingDrawings; 4.2.5 (iv) any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws Laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space Substitute Premises or Tenant’s specialized Tenant Improvements (in a manner different from as reasonably determined by Landlord); or (v) any other acts or omissions of Tenant, or its use of the Existing Premises)agents or employees; then, notwithstanding anything to the contrary set forth in the Third this Amendment and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayImprovements, the Expansion Substitute Premises Commencement Date (as set forth in Section 2 of the Third Amendment) shall be deemed to be the date the Expansion Substitute Premises Commencement Date would have occurred if no Tenant Delay or Tenant Delays, as set forth above, had occurred (other than delay prior to such written notice from Landlord)occurred.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space Tenant Improvements as a direct, indirect, partial, or total result of any of the following (individually, a “Tenant Delay”, and collectively, “Tenant Delays”): 4.2.1 (i) Tenant’s failure to timely approve the Working Drawings or any other matter requiring Tenant’s approval, and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 (ii) a breach by Tenant of the terms of this Tenant Work Letter or the Lease (as modified by the Third Amendment)Lease; 4.2.3 (iii) Tenant’s request for changes in any of the Construction Drawings Drawings; (other than changes to conform to the Scope of Work or Landlord’s Building standard specifications for the Building); and 4.2.4 iv) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the Estimated Delivery Date, or which are different from, or not included in, the Scope of Work or Landlord’s Building standard specifications for the BuildingStandard Improvement Package; 4.2.5 (v) any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws Laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space Premises or Tenant’s specialized Tenant Improvements (in a manner different from as reasonably determined by Landlord); (vi) changes to the base, shell and core work, the Building’s Structure, including the base, shell and core thereof, or the Building’s Systems required by the Approved Working Drawings; or (vii) any other acts or omissions of Tenant, or its use of the Existing Premises)agents or employees; then, notwithstanding anything to the contrary set forth in the Third Amendment Lease and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delayImprovements, the Expansion Commencement Date (as set forth in Section 2 of the Third AmendmentBasic Lease Information) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delay or Tenant Delays, as set forth above, had occurred (other than delay prior to such written notice from Landlord)occurred.

Tenant Delays. If there shall be a delay or there are delays in the Substantial Completion of the Expansion Space (as a direct, indirect, partial, or total result of any of the following (collectively, “Tenant Delays”): 4.2.1 5.2.1 Tenant’s failure to timely approve any matter requiring Tenant’s approval, including the Cost Proposal and/or Tenant’s failure to timely perform any other obligation or act required of Tenant hereunder; 4.2.2 5.2.2 a breach by Tenant of the terms of this Tenant Work Letter Agreement or the Lease (as modified by the Third First Amendment); 4.2.3 5.2.3 Tenant’s request for changes in the Construction Drawings (other than changes to conform only to the Scope of Work or Landlord’s Building standard specifications for extent such changes cause a delay in the Building); andtimelines; 4.2.4 5.2.4 Tenant’s requirement for materials, components, finishes or improvements which are not available in a reasonable time (based upon the April 1, 2009 anticipated date of the Expansion Commencement Date) or which are different from, or not included in, the Scope Specifications. In the event that items are not available, Landlord shall provide notice to Tenant of Work or Landlord’s Building standard specifications for such unavailability and give Tenant the Buildingability to select alternative items; 4.2.5 5.2.5 changes to the Base, Shell and Core required by the Approved Working Drawings only to the extent required by a specific use by Tenant that is not covered by the Lease; 5.2.6 any changes in the Construction Drawings and/or the Tenant Improvements required by applicable laws if such changes are directly attributable to Tenant’s specific use of the Expansion Space or Tenant’s specialized tenant improvement(s) (in a manner different from as determined by Landlord); 5.2.7 Tenant’s failure to comply with the Time Deadline; or 5.2.8 any other acts or omissions of Tenant, or its use of the Existing Premises)agents, or employees; then, notwithstanding anything to the contrary set forth in the Third Amendment Lease and regardless of the actual date of the Substantial Completion of the Expansion Space, and provided that Landlord notified Tenant in writing of such delay, the Expansion Commencement Date (as set forth in Section 2 2.2 of the Third First Amendment) shall be deemed to be the date the Expansion Commencement Date would have occurred if no Tenant Delays, as set forth above, had occurred (occurred. Notwithstanding anything above to the contrary, no Tenant Delay shall apply to any delays by the City of San Diego or other than delay prior governmental agency, in issuing permits beyond the period of time required to such written notice from Landlord)issue building permits for the Tenant Improvements where the delays were not directly related to an action or inactions of Tenant.