Common use of Tenant's Delay Clause in Contracts

Tenant's Delay. (a) Any delay that shall occur in the Substantial Completion Date as the result of the following shall be a Tenant’s Delay: any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason; (i) any change made or requested by Tenant in any of Landlord’s Plans (ii) any special requirements of Tenant not in conformity with Landlord’s Plans; (iii) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or (iv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Tenant’s Delays described in paragraph (a) of this Section 5, such delay shall be deemed added to Tenant’s Delays described in that paragraph. (c) In addition to Landlord’s other rights and remedies under prevailing circumstances, the Expansion Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment shall be reduced by the number of days the Expansion Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and Tenant shall be obligated to commence the payment of Rent on the date Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force Majeure. (d) If, as a result of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall not be required to) at any time thereafter terminate the First Amendment by giving written notice of such termination to Tenant, and thereupon the First Amendment shall forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendment, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 5, through the effective termination date.

Tenant's Delay. (a) Any delay that shall occur in the Substantial Completion Date as the result of the following shall be a Tenant’s Delay: : (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work Initial Construction for any reason; (iii) any change made or requested by Tenant in any of Landlord’s Plans (iiiii) any special requirements of Tenant not in conformity with Landlord’s Plans; (iiiiv) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or (ivv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work Initial Construction due to any of the causes for delay referred to In in clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Tenant’s Delays described in paragraph (a) of this Section 5, such delay shall be deemed added to Tenant’s Delays described in that paragraph. (c) In addition to Landlord’s other rights and remedies under prevailing circumstances, the Expansion Term Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure Majeure, but the number of days of initial rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment 1.1 shall be reduced by the number of days the Expansion Term Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and Tenant shall be obligated to commence the payment of Rent on the date Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force MajeureDelay. (d) If, as a result of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall not be required to) at any time thereafter terminate the First Amendment this Lease by giving written notice of such termination to Tenant, and thereupon the First Amendment this Lease shall forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s WorkInitial Construction, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendmentthis Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 5, through the effective termination date.

Tenant's Delay. (a) Any delay that shall occur in the Substantial Completion Date as the result of the following shall be a Tenant’s 's Delay: : (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work 's Initial Construction for any reason; (iii) any change made or requested by Tenant in any of LandlordTenant’s Plans; (iiiii) any special requirements of Tenant not in conformity with LandlordTenant’s Plans; (iiiiv) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or (ivv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work 's Initial Construction due to any of the causes for delay referred to In in clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 53. (b) If any delay in the Substantial Completion Date is the result of Force Majeure Majeure, and such delay would not have occurred but for any of Tenant’s 's Delays described in paragraph (a) of this Section 53, such delay shall be deemed added to Tenant’s 's Delays described in that paragraph. (c) In addition to Landlord’s 's other rights and remedies under prevailing circumstances, the Expansion Term Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s 's Delay(s) or Force Majeure Majeure, but the number of days of rent abatement for the Additional Premises Initial Fixed Rent Waiver Period to which Tenant is entitled under Section 1(a) 1.1 of this First Amendment the Lease shall be reduced by the number of days the Expansion Term Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and Tenant shall be obligated to commence the payment of Rent on the date Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force MajeureDelay. (d) If, as a result of Tenant’s 's Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall not be required to) at any time thereafter terminate the First Amendment this Lease by giving written notice of such termination to Tenant, and thereupon the First Amendment this Lease shall EAST\66392481.7 B-5 forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s WorkInitial Construction, plus an amount equal to Landlord’s out-of-pocket 's out‑of‑pocket expenses incurred in connection with the First Amendmentthis Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 53, through the effective termination date.

Tenant's Delay. (a) Any delay that shall occur in the Expansion Premises Commencement Date or Substantial Completion Date as the result of the following shall be a Tenant’s Delay: : (i) any request by Tenant that Landlord result in a delay in the commencement or completion of Landlord’s Work for any reason; (iii) any change made or requested by Tenant in any of Landlord’s PlansPlans or Landlord’s Work, including any Change Order, that results in a delay in the commencement or completion of Landlord’s Work for any reason; (iiiii) any special requirements of Tenant not in conformity with Landlord’s Plans; (iiiiv) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employeesemployees that results in a delay in the commencement or completion of Landlord’s Work for any reason; or (ivv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In in clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Tenant’s Delays described in paragraph (a) of this Section 5, such delay shall be deemed added to Tenant’s Delays described in that paragraph[Intentionally Omitted]. (c) In addition to Landlord’s other rights and remedies under prevailing circumstances, the Expansion Premises Target Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment shall be reduced by the number of days the Expansion Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and Tenant shall be obligated to commence the payment of Rent on the date Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force Majeure. (d) If, as a result of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty one hundred twenty (60120) days, Landlord may (but shall not be required to) at any time thereafter terminate the First Amendment this Lease by giving written notice of such termination to Tenant, and thereupon the First Amendment this Lease shall forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendmentthis Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (ac) of this Section 5, through the effective termination date.

Tenant's Delay. If there shall be a delay in the occurrence of the Commencement Date due to any of the following: (ai) Any delay that shall occur in the Substantial Completion Date of Landlord’s Work, or any portion thereof, due to any act or omission of Tenant, its contractors, subcontractors, architects, space designers, agents or employees, including, without limitation, delays in submission of information; (ii) delays in payment of any costs and expenses in excess of Landlord’s Maximum Work as set forth in this Work Agreement for more than ten (10) Business Days after demand therefor; (iii) delays beyond the result specified dates or allotted time periods in submission of the following Plans or any revised plans to Landlord or giving authorizations or approvals in accordance with the time periods set forth above or delays resulting from the fact that, under good construction practice, portions of Landlord’s Work must be scheduled after the completion of certain items of Tenant’s Office Installations; (iv) resulting from Tenant’s request for Landlord to utilize non-Building Standard materials or products in Landlord’s Work, or to perform Additional Work; or (v) any event defined in Article 1 of the body of this Lease as a Tenant Delay (any of the foregoing being called a “Tenant’s Delay”) then the Premises shall be deemed Substantially Completed on the date the Premises would have been available but for the duration of any Tenant Delay, even though work to be done by Landlord has not been commenced or completed. The parties recognize that a Tenant’s Delay: Delay may be aggravated or extended by a strike, labor problem, materials or labor shortage, or loss of time due to construction scheduling changes occasioned by such Tenant’s Delay or other Unavoidable Delays, any request by Tenant that Landlord delay in or all of which would not have adversely affected the commencement or timely completion of Landlord’s Work for any reason; (i) any change made or requested by Tenant in any the absence of Landlordsuch Tenant’s Plans (ii) any special requirements Delay and agree that the duration of Tenant not Tenant’s Delay should include all delays resulting from such other causes, notwithstanding that as a result thereof, the Tenant’s Delay in conformity with Landlord’s Plans; (iii) any other question may substantially exceed, in duration, the length of time during which the act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or (iv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Persons Within Tenant’s Delays described in paragraph (a) of this Section 5, Control causing such delay shall be deemed added to Tenant’s Delays described in that paragraph. (c) In addition to Landlord’s other rights and remedies under prevailing circumstances, the Expansion Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment shall be reduced by the number of days the Expansion Commencement Date is delayed as a result of a Tenant’s Delay may have occurred or Force Majeure continued. A. The following general cleaning will be performed nightly, Monday through Friday, excluding union and legal holidays: 1. All carpeting will be vacuumed once per week and carpets will be swept as needed, the remaining four (4) nights. 2. All composition floor tiling will be swept and dust-mopped with a chemically-treated mop (for dust control) one (1) time per week. 3. All desks will be dusted. Tenant personalty and work product will not be moved. 4. Wastepaper baskets will be empties and trash removed to a designated location in the Premises. Plastic liners will be installed weekly in all trash receptacles at Tenant’s expense. 5. Wipe clean of all water fountains and coolers and empty of waste water B. The following lavatory service will be performed Monday through Friday, excluding union and legal holidays: 1. Porcelain fixtures will be scoured clean. 2. Both sides of toilet seats will be washed with a mild germicidal solution. 3. Bright work will be dry polished. 4. Trash receptacles will be emptied and cleaned, as needed. 5. Mirrors will be wiped clean. 6. Partitions will be wiped down, as necessary. 7. Shelves and counters will be wiped clean. 8. Floors will be mopped with a mild disinfectant. 9. Lavatory supplies will be furnished and installed at the Tenant’s expense. C. The following shall be obligated to commence the payment of Rent on the date performed weekly: 1. All chairs, tables, cabinets and attachments will be dusted weekly. Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force Majeurepersonalty and work product will not be moved. (d) If, as a result of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall 2. Window xxxxx will be dusted. Tenant personalty and work product will not be required to) at any time thereafter terminate the First Amendment by giving written notice of such termination to Tenantmoved. 3. Moldings and ledges within hand reach will be dusted. D. The following shall be performed quarterly: 1. Dust in place all picture, frame, charts, graphs and thereupon the First Amendment shall forthwith terminate without further liability or obligation on the part of either partysimilar wall-hangings not reached in nightly cleaning. 2. Dust all vertical surfaces and walls, except that partition doors, door bucks and other surfaces not reached in nightly cleaning. Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendment, including, without limitation, brokerage personalty and legal fees, together with any amount required to work product will not be paid pursuant to paragraph (a) of this Section 5, through the effective termination datemoved.

Tenant's Delay. As provided in Section 10.2, the initial term of the Lease (and therefore Tenant's obligation for the payment of Rent according to Exhibit B) as it applies to the Expansion Premises will not commence until the Expansion Commencement Date; provided, however, that if Landlord is delayed in causing Landlord's Expansion Premises Work to be Substantially Completed as a result of: (a) Any delay that shall occur any "Tenant's Delay" as described in the Substantial Completion Date as the result of the following shall be a Tenant’s Delay: any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason; (i) any change made or requested by Tenant in any of Landlord’s Plans (ii) any special requirements of Tenant not in conformity with Landlord’s Plans; (iii) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employeesSection 10.6 above; or (iv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay Change Order(s) or changes in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of drawings, plans or specifications requested by Tenant’s Delays described in paragraph (a) of this Section 5, such delay shall be deemed added to Tenant’s Delays described in that paragraph. ; or (c) In addition Tenant's failure to Landlord’s other rights and remedies under prevailing circumstancesreview or approve in a timely manner any item requiring Tenant's review or approval, then the Expansion Commencement Delivery Date shall automatically will only be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) 10.2 until the date on which Landlord would have Substantially Completed the performance of Landlord's Expansion Premises Work but for such delays. The aggregate Tenant delays described in this First Amendment shall Section 10.11 will be reduced by the number of days deducted from the Expansion Commencement Date is delayed as construction schedule on account of Change Orders requested by Tenant. As a result of condition to claiming a Tenant’s 's Delay, Landlord will advise Tenant of the circumstances giving rise to the claim promptly after they arise and will advise Tenant of the cost that Tenant can pay at that time to effect any available remedy to eliminate such Tenant's Delay or Force Majeure (such as, e.g., overtime work), and if Landlord fails to so advise Tenant of such Tenant's Delay within five (5) Business Days after the commencement of such Tenant's Delay, then the period commencing on the fifth (5th) Business Day following the commencement of such Tenant's Delay and continuing through the date on which Landlord so advises Tenant of such Tenant's Delay shall be obligated to commence disregarded for purposes of determining the payment total number of Rent on the date Tenant would have commenced payment of Rent but for the Tenant Delay(s) or Force Majeure. (d) If, as a result days of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than sixty (60) days, Landlord may (but shall not be required to) at any time thereafter terminate the First Amendment by giving written notice of such termination to Tenant, and thereupon the First Amendment shall forthwith terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendment, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 5, through the effective termination date's Delay hereunder.

Tenant's Delay. (a) Any delay that shall occur in the If Substantial Completion Date shall be delayed as the a result of any of the following shall be a Tenant’s Delay: any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason; (i) any change made or requested by Tenant in any of Landlord’s Plans (ii) any special requirements of Tenant not in conformity with Landlord’s Plans; (iii) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or (iv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Tenant’s Delays described in paragraph (a) of this Section 5causes, such delay shall be deemed added to considered a “Tenant Delay”: (a) Tenant’s Delays described failure to submit the Working Drawings to Landlord on or before the date set forth in that paragraph.Paragraph 21, unless Landlord fails to provide Tenant the Base Building Plans within the time frame set forth in Paragraph 5; (b) Tenant’s failure to obtain any required permits to allow construction of the TI Work; (c) Changes in the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by [***] Denotes confidential information omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Landlord’s changes to the Base Building Plans under Paragraph 7 above or are required for receipt of permits; (d) Any delays in starting construction due to Tenant’s disapproval of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid under Paragraph 10(c) above; (e) Tenant’s request for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtain, install or complete; or (f) Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule. Landlord shall notify Tenant promptly after learning of any events or circumstances which Landlord believes may constitute Tenant Delay. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In addition the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s other rights Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and remedies under prevailing circumstancesnotwithstanding any provision to the contrary contained in the Lease, if the Expansion Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment shall be reduced by the number of days the Expansion Lease Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and due to Tenant Delay, the Lease Commencement Date shall be obligated to commence the payment of Rent on the date Tenant when the Lease Commencement Date would have commenced payment occurred if there had been no Tenant Delay. Tenant acknowledges that the length of Rent but for any Tenant Delay is to be measured by the Tenant Delay(s) or Force Majeure. (d) If, as a result duration of Tenant’s Delay(s), the Substantial Completion Date is delayed delay in the aggregate for more than sixty (60) daysoccurrence of the event in question caused by the event or conduct constituting Tenant Delay, Landlord which may (but shall not be required to) at any time thereafter terminate exceed the First Amendment by giving written notice duration of such termination event or conduct due to Tenant, and thereupon the First Amendment shall forthwith terminate without further liability necessity of rescheduling work or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendment, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 5, through the effective termination dateother causes.

Tenant's Delay. (a) Any delay that shall occur in the If Substantial Completion Date shall be delayed as the a result of any of the following shall be a Tenant’s Delay: any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason; (i) any change made or requested by Tenant in any of Landlord’s Plans (ii) any special requirements of Tenant not in conformity with Landlord’s Plans; (iii) any other act or omission of Tenant or its members, managers, officers, directors, agents, servants, contractors, architects, engineers, or employees; or (iv) any reasonably necessary rescheduling of the sequence of any of Landlord’s Work due to any of the causes for delay referred to In clauses (i), (ii), (iii), and (iv) of this paragraph (a) of Section 5. (b) If any delay in the Substantial Completion Date is the result of Force Majeure and such delay would not have occurred but for any of Tenant’s Delays described in paragraph (a) of this Section 5causes, such delay shall be deemed added to considered a “Tenant Delay”: (a) Tenant’s Delays described failure to submit the Working Drawings to Landlord on or before [the date set forth in that paragraph.Paragraph 20]; (b) Tenant’s failure to obtain any required permits to allow construction of the TI Work; (c) Changes in the Working Drawings requested by Tenant after approval of the Working Drawings by Landlord, except to the extent such changes are necessitated by Landlord’s changes to the Base Building Plans under Paragraph 7 above; (d) Any delays in starting construction due to Tenant’s disapproval of the Trade Bid and/or the need to revise the Working Drawings to obtain revised bids, to the extent such delays continue beyond thirty (30) days after Landlord’s delivery to Tenant of notice of a Trade Bid under Paragraph 10(c) above; (e) Tenant’s request for materials, finishes or installations other than Building Standard Improvements which require a longer time than Building Standard Improvements to obtain, install or complete; (f) Tenant’s failure to comply with the Building Contractor’s, the TI Contractor’s or any subcontractor’s schedule; or (g) Delays caused by Tenant in construction. Landlord shall notify Tenant promptly after learning of any events or circumstances which Landlord believes may constitute Tenant Delay hereunder, however Landlord’s failure to so notify shall not constitute a waiver by Landlord of its right to claim a Tenant Delay has occurred. Landlord shall use good faith efforts to minimize the impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In addition the event of any Tenant Delay, Tenant shall pay to Landlord, as additional Rent, one day’s other rights Base Rent for each day of Tenant Delay to the extent that Tenant Delay has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and remedies under prevailing circumstancesnotwithstanding any provision to the contrary contained in the Lease, if the Expansion Commencement Date shall automatically be extended for the period of any delays caused by Tenant’s Delay(s) or Force Majeure but the number of days of rent abatement for the Additional Premises to which Tenant is entitled under Section 1(a) of this First Amendment shall be reduced by the number of days the Expansion Lease Commencement Date is delayed as a result of a Tenant’s Delay or Force Majeure and due to Tenant Delay, the Lease Commencement Date shall be obligated to commence the payment of Rent on the date Tenant when the Lease Commencement Date would have commenced payment occurred if there had been no Tenant Delay. Tenant acknowledges that the length of Rent but for any Tenant Delay is to be measured by the Tenant Delay(s) or Force Majeure. (d) If, as a result duration of Tenant’s Delay(s), the Substantial Completion Date is delayed delay in the aggregate for more than sixty (60) daysoccurrence of the event in question caused by the event or conduct constituting Tenant Delay, Landlord which may (but shall not be required to) at any time thereafter terminate exceed the First Amendment by giving written notice duration of such termination event or conduct due to Tenant, and thereupon the First Amendment shall forthwith terminate without further liability necessity of rescheduling work or obligation on the part of either party, except that Tenant shall pay to Landlord the damages suffered by Landlord by reason of such Lease termination including, without limitation, the cost theretofore incurred by Landlord in performing and, if applicable, demolishing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with the First Amendment, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) of this Section 5, through the effective termination dateother causes.