Common use of Tenant's Delay Clause in Contracts

Tenant's Delay. If Landlord's Contractor shall be delayed in substantially completing the Base Building Improvements as a result of: (a) Tenant's failure to timely approve the Tenant Improvement Working Drawings; (b) Tenant's revisions to the Approved Tenant Improvement Working Drawings which require modification to the Base Building Improvements; (c) Tenant's interference with Landlord's Contractor's schedule through Tenant's Work; (d) Change Orders; or (e) delays caused by Tenant in Landlord's construction (all of the foregoing being referred to herein collectively as "Tenant's Delay"); then the Premises will be deemed to have been Ready for Occupancy (and Tenant's obligation to pay Base Rent shall be accelerated) one day earlier for each day of Tenant Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay by written notice to Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as the estimated number of days that substantial completion will be delayed by such Tenant Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion caused by the event or conduct constituting Tenant's Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify Tenant of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Lease.

Tenant's Delay. If Landlord's Contractor Substantial Completion shall be delayed in substantially completing the Base Building Improvements as a result of: of any of the following causes, such delay shall be considered a "Tenant Delay": (ab) Change(s) in TI Working Drawings requested by Xxxxxx after approval of the TI Working Drawings by Xxxxxxxx; (c) Any delays in starting construction due Tenant's disapproval of any TI Bids or the need to revise TI Bids or TI Working Drawings to reduce costs; or (d) 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 (e) Tenant's failure to timely approve comply with the Tenant Improvement Working Drawings; (b) Tenant's revisions to the Approved Tenant Improvement Working Drawings which require modification to the Base Building Improvements; (c) Tenant's interference with Landlord's TI Contractor's or the General Contractor's or any subcontractor's schedule through Tenantor to meet any deadline or to respond within any time limit provided herein; or (f) An Event of Default by Tenant under the Lease or the existence of any event or condition which, with the passage of time or the giving of notice or both would constitute such an Event of Default; (g) Any delay caused by or attributable to Xxxxxx's Workdesire to include Expanded Uses in the Premises, including delays in issuance of certificates of occupancy or construction; or (dh) Change Orders; or (e) delays Delays caused by Tenant in Landlord's construction (all construction. In the event of the foregoing being referred to herein collectively as "Tenant's Delay"); then the Premises will be deemed to have been Ready for Occupancy (and Tenant's obligation to pay Base Rent shall be accelerated) one day earlier for each day of a Tenant Delay, but in any case no earlier than September 1Landlord shall, 1999. Landlord must identify any claimed to the extent feasible based on the type of delay, the stage of construction and other factors, make good faith efforts to make up for the period of Tenant Delay by written notice paying overtime or other methods acceptable to Landlord, the TI Contractor, the General Contractor and their subcontractors; provided that Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice")shall be solely responsible for all costs related thereto. The Tenant Delay Notice shall specify the cause If Xxxxxxxx's efforts are successful and all or a portion of the Tenant Delay as well as the estimated number period of days that substantial completion will be delayed by such Tenant Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Noticeis made up through such efforts, which does then the following sentence shall not actually cause a delay apply to the period of Tenant Delay that is made up. In the event of any Tenant Delay, notwithstanding any provision to the contrary contained in the Delivery Lease, or if Substantial Completion is delayed due to Tenant Delay, the Term Commencement Date beyond and the Estimated Delivery DateRent Commencement Date for each floor shall be the earlier of the date of Substantial Completion of such floor or the date when Substantial Completion of such floor would have occurred if there had been no Tenant Delay. Tenant acknowledges that the length of any Tenant's Tenant Delay is to be measured by the duration of the delay in substantial completion Substantial Completion caused by the event or conduct constituting Tenant's Tenant Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify Tenant of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Lease.

Tenant's Delay. If Landlord's Contractor Landlord shall be delayed in substantially completing the Base Building Improvements Substantial -------------- Completion as a result of: : (a) Tenant's failure to timely approve obtain approval of the Tenant Improvement Working DrawingsDrawings by Landlord on or before Tenant's Plan Delivery Date; or, (b) Tenant's revisions to the Approved Tenant Improvement change(s) in Working Drawings after approval of the Working Drawings by Landlord, provided that Tenant shall not change the Working Drawings without the prior written consent of Landlord, which require modification consent shall not be unreasonably withheld unless such change could reasonably be expected to the Base Building Improvementsdelay Substantial Completion; or, (c) Any changes initiated by reason of the disapproval of any Conceptual Plans, Working Drawings or bids; or (d) Tenant's interference 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, (e) Tenant's failure to comply with Landlord's Contractorcontractor's schedule through Tenantor subcontractor's Workschedule; or, (df) Change OrdersAn event of default by Tenant under the Lease or the existence of any event or condition which, with the passage of time or the giving of notice or both would constitute such an event of default; or or, (eg) delays Delays caused by Tenant in Landlord's construction construction, (all of the foregoing being referred to herein collectively as "Tenant's Delay"); , then the Premises will be deemed Tenant shall pay to have been Ready for Occupancy (and TenantLandlord, as Additional Rent, one day's obligation to pay Base Gross Rent shall be accelerated) one day earlier for each day of Tenant Tenant's Delay. In addition, and notwithstanding any provision to the contrary contained in the Lease, if Substantial Completion is delayed due to Tenant's Delay, but in any case no the Term Commencement Date shall be the earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay by written notice to Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as date of Substantial Completion or the estimated number of days that substantial completion will be delayed by such Tenant date when Substantial Completion would have occurred if there had been no Tenant's Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion Substantial Completion caused by the event or conduct constituting Tenant's Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify agrees to give Tenant notice promptly following any event or conduct constituting Tenant's Delay. SCHEDULE 1 TO EXHIBIT B Base Building Improvements 1. Perimeter panels and exterior glass windows installed to enclose each floor of the actual delay in Leased Premises; 2. Drywall, fire taped, covering all core walls, stairwells, shafts; excluding interior columns, corridors and perimeter windows; 3. Concrete floors for the Delivery Date beyond Leased Premises; 4. Installation of a base building sprinkler system including sprinkler heads at the Estimated Delivery Dateminimum density required by code; 5. Finished men's and women's restrooms on each floor of the Leased Premises; 6. A telephone and electrical room on each floor of the Leased Premises, if anywith a vertical chase between floors; 7. A vertical bus and panel board riser supplying electric power for the service sufficient to operate an average of approximately 5.0 xxxxx per rentable square foot for general electrical use by Tenant, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Lease.including lighting;

Tenant's Delay. If Landlord's Contractor shall be delayed (1) Any delay in substantially completing the Base Building Improvements Anticipated Commencement Date as a the result of: of any of the following are herein referred to collectively and individually as “Tenant’s Delay”; (a) Tenant's failure a change to timely approve the Tenant Improvement Working Drawings; Leasehold Improvements, per Paragraph C hereof, that results in a delay in the Anticipated Commencement Date; (b) Tenant's revisions to any request by the Approved Tenant Improvement Working Drawings which require modification to that Landlord delay in the Base Building Improvements; commencement or completion of the Leasehold Improvements as per this Exhibit “D”; (c) any delay caused by Tenant's interference ’s failure to select the carpeting or painting colors or any other items with respect to the Leasehold Improvements requiring Tenant’s decision within the time periods provided by Landlord or Landlord's Contractor's schedule through ’s contractors or subcontractors; INITIALS: Landlord Tenant's Work; (d) Change Orders; or (e) delays any delay caused by Tenant in Landlord's construction the exercise of its rights under Paragraph E of this Exhibit “D”; and (all e) any other act or omission of Tenant (including the foregoing being referred to herein collectively Tenant’s Representative, as "Tenant's Delay"); then hereinafter defined) or its officers, agents, servants or contractors, including the Premises will unreasonable delay or withholding of approvals requested by Landlord not specifically delineated above. (2) The Commencement Date defined in Section 3(A)(2) of this Lease shall be accelerated and shall be deemed to have been Ready for Occupancy (and Tenant's obligation to pay Base Rent shall be accelerated) one day earlier for each day of Tenant Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay occurred on that date which precedes the actual Commencement Date by written notice to Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as the estimated number of days that substantial completion will be delayed by such Tenant Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the aggregate length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion caused by ’s Delays. In the event or conduct constituting a Tenant's Delay’s Delay shall occur, which may exceed the duration of such event or conduct Landlord and Tenant will endeavor to work cooperatively to regain any time lost due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancysuch Tenant’s Delay; provided, however, Landlord shall notify Tenant not be required to incur additional costs, e.g. such as performing the work on an over-time basis. If such cooperative effort results in regaining some or all of any time lost due to such a Tenant’s Delay, appropriate adjustments shall be made by Landlord in the application of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Leaseprovisions of this subparagraph.

Tenant's Delay. If Landlord's Contractor shall be delayed (1) Any delay in substantially completing the Base Building Improvements First Amendment Commencement Date as a the result of: of any of the following are herein referred to collectively and individually as “Tenant’s Delay”; (a) Tenant's failure a change to timely approve the Tenant Improvement Working Drawings; First Amendment Leasehold Improvements, per Paragraph C hereof, that results in a delay in the First Amendment Commencement Date; (b) Tenant's revisions to any request by the Approved Tenant Improvement Working Drawings which require modification to that Landlord delay in the Base Building Improvements; commencement or completion of the First Amendment Leasehold Improvements as per this Exhibit “1D (c) any delay caused by Tenant's interference ’s failure to select the carpeting or painting colors or any other items with respect to the First Amendment Leasehold Improvements requiring INITIALS: Landlord Tenant Tenant’s decision within the time periods provided by Landlord or Landlord's Contractor's schedule through Tenant's Work; ’s contractors or subcontractors; (d) Change Orders; or (e) delays any delay caused by Tenant in Landlord's construction the exercise of its rights under Paragraph E of this Exhibit “1D”; and (all e) any other act or omission of Tenant (including the foregoing being referred to herein collectively Tenant’s Representative, as "Tenant's Delay"); then hereinafter defined) or its officers, agents, servants or contractors, including the Premises will unreasonable delay or withholding of approvals requested by Landlord not specifically delineated above. (2) The First Amendment Commencement Date defined in Section 3(A)(3) of this Lease, as amended by the First Amendment of Lease, shall be accelerated and shall be deemed to have been Ready for Occupancy (and Tenant's obligation to pay Base Rent shall be accelerated) one day earlier for each day of Tenant Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay occurred on that date which precedes the actual First Amendment Commencement Date by written notice to Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as the estimated number of days that substantial completion will be delayed by such Tenant Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the aggregate length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion caused by Ten ant’s Delays. In the event or conduct constituting a Tenant's Delay’s Delay shall occur, which may exceed the duration of such event or conduct Landlord and Tenant will endeavor to work cooperatively to regain any time lost due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancysuch Tenant’s Delay; provided, however, Landlord shall notify Tenant not be required to incur additional costs, e.g. such as performing the work on an over-time basis. If such cooperative effort results in regaining some or all of any time lost due to such a Tenant’s Delay, appropriate adjustments shall be made by Landlord in the application of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Leaseprovisions of this subparagraph.

Tenant's Delay. If Landlord's Contractor Landlord shall be delayed in substantially completing the Base Building Improvements Substantial -------------- Completion as a result of: : (a) Tenant's failure to timely approve obtain approval of the Tenant Improvement Working DrawingsDrawings by Landlord on or before Tenant's Plan Delivery Date; or, (b) Tenant's revisions to the Approved Tenant Improvement change(s) in Working Drawings after approval of the Working Drawings by Landlord, provided that Tenant shall not change the Working Drawings without the prior written consent of Landlord, which require modification consent shall not be unreasonably withheld unless such change could reasonably be expected to the Base Building Improvementsdelay Substantial Completion; or, (c) Any changes initiated by reason of the disapproval of any Conceptual Plans, Working Drawings or bids; or (d) Tenant's interference 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, (e) Tenant's failure to comply with Landlord's Contractorcontractor's schedule through Tenantor subcontractor's Workschedule; or, (df) Change OrdersAn event of default by Tenant under the Lease or the existence of any event or condition which, with the passage of time or the giving of notice or both would constitute such an event of default; or or, (eg) delays Delays caused by Tenant in Landlord's construction construction, (all of the foregoing being referred to herein collectively as "Tenant's Delay"); , then the Premises will be deemed Tenant shall pay to have been Ready for Occupancy (and TenantLandlord, as Additional Rent, one day's obligation to pay Base Gross Rent shall be accelerated) one day earlier for each day of Tenant Tenant's Delay. In addition, and notwithstanding any provision to the contrary contained in the Lease, if Substantial Completion is delayed due to Tenant's Delay, but in any case no the Term Commencement Date shall be the earlier than September 1, 1999. Landlord must identify any claimed Tenant Delay by written notice to Tenant within five (5) business days following the commencement of any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify the cause of the Tenant Delay as well as date of Substantial Completion or the estimated number of days that substantial completion will be delayed by such Tenant date when Substantial Completion would have occurred if there had been no Tenant's Delay. Landlord may not claim any Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery Date. Tenant acknowledges that the length of any Tenant's Delay is to be measured by the duration of the delay in substantial completion Substantial Completion caused by the event or conduct constituting Tenant's Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify agrees to give Tenant of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which notice promptly following any event or conduct constituting Tenant's Delay. SCHEDULE 1 TO EXHIBIT B Preliminary Specifications For Base Building Improvements The base building shall be constructed per all governmental codes by Landlord for Tenant, including, but not limited to, the binding Delivery Date following: Structure/Envelope . Concrete foundation to be reinforced grade beams with spread footings or other system as specified by geotechnical and engineering consultants. . Ground floor to be concrete slab on grade, minimum thickness 5", or as required by geotechnical and engineering consultants. . Elevated floors to be constructed of vented metal deck with reinforced concrete that meets fire code requirements. . Building structural framing to consist of steel "braced frame" with beams and columns constructed structural rolled shapes. . Non-bearing exterior facade consisting of EIFS or GFRC with decorative metal panels. An exterior containing a minimum average of 40% glass of ribbon or punched opening windows with high performance glass. . Floor system designed with minimum live load capacity of 50 psf and dead load capacity of 20 psf. Select central core areas to have increased floor loading capacity of 100 psf. . Roof live load to be 20 psf except where mechanical loads are imposed. . Floor to floor heights to be approximately 15'-0". . Base building roof drains and drain lines with connection to site storm drain system. . Surface and/or structured parking adjacent to premises as required to provide tenant with 3.0 spaces per 1,000 rentable square feet. . Roof screens up to 11'-0" in height above the roof as required by City of South San Francisco. . Roofing membrane to be a built-up roof over rigid insulation on top of metal roof deck construction. . Two internal fire rated stairways serving all floors. One stairway to continue to roof via a ship ladder. Security system for access between the parties with respect floors to the Lease.be provided by Tenant. . One complete and finished base building male and female restroom at each floor. Finishes to include stone countertops, ceramic tile walls and floors. Accessible showers located on first floor. . Fire proofing of building structure, as required, per building code. . Fire safing between floors to maintain code required separations. . Perimeter walls and roof insulation per Title 24 requirements. Electrical

Tenant's Delay. If Landlord's Contractor Substantial Completion shall be delayed in substantially completing the Base Building Improvements as a result of: of any of the following causes, such delay shall be considered a “Tenant Delay”: (a) Tenant's ’s failure to timely approve submit the Tenant Improvement Working Drawings; Drawings to Landlord on or before [the date set forth in Paragraph 20]; (b) Tenant's revisions ’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 Approved Tenant Improvement Working Drawings which require modification extent such changes are necessitated by Landlord’s changes to the Base Building Improvements; (c) Tenant's interference with Landlord's Contractor's schedule through Tenant's Work; Plans under Paragraph 7 above; (d) Change OrdersAny 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; or EXHIBIT C – PAGE 8 (e) delays 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 construction (all ’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 foregoing being referred impact of any Tenant Delay on the Substantial Completion Date and on the Lease Commencement Date. In the event of any Tenant Delay, Tenant shall pay to herein collectively Landlord, as "Tenant's Delay"); then the Premises will be deemed to have been Ready for Occupancy (and Tenant's obligation to pay additional Rent, one day’s Base Rent shall be accelerated) one day earlier for each day of Tenant Delay, but in any case no earlier than September 1, 1999. Landlord must identify any claimed Delay to the extent that Tenant Delay by written notice to Tenant within five (5) business days following has actually delayed the commencement of payment of Base Rent under the Lease. In addition, and notwithstanding any claimed Tenant Delay ("Tenant Delay Notice"). The Tenant Delay Notice shall specify provision to the cause of contrary contained in the Tenant Delay as well as Lease, if the estimated number of days that substantial completion will be Lease Commencement Date is delayed by such due to Tenant Delay. Landlord may not claim any , the Lease Commencement Date shall be the date when the Lease Commencement Date would have occurred if there had been no Tenant Delay which has not been timely documented by a Tenant Delay Notice, which does not actually cause a delay in the Delivery Date beyond the Estimated Delivery DateDelay. Tenant acknowledges that the length of any Tenant's Tenant Delay is to be measured by the duration of the delay in substantial completion the occurrence of the event in question caused by the event or conduct constituting Tenant's Tenant Delay, which may exceed the duration of such event or conduct due to the necessity of rescheduling work or other causes. Within a reasonable time after the Premises are Ready for Occupancy, Landlord shall notify Tenant of the actual delay in the Delivery Date beyond the Estimated Delivery Date, if any, caused by each and all Tenant Delays and Unavoidable Delays (defined below), if any, and the resultant Tenant Delay costs and calculated Delivery Date, which shall be the binding Delivery Date between the parties with respect to the Lease.