Common use of TENANT'S DELAYS Clause in Contracts

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for the occurrence of any of the following: (i) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request by Tenant for any change in any of the Plans after the date hereof; (iii) any other act or omission of Tenant or its officers, agents, employees or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards; or (v) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the causes for delay referred to in this paragraph (a) and the fitting of such Landlord’s Work back into such schedule; then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Rent (without regard to any period of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be added to the delay described in paragraph (a). (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay.” The Construction Deadline shall automatically be extended one day for each day of Tenant’s Delay.

TENANT'S DELAYS. The delays referred to in paragraph (a) are herein referred to collectively and individually as “Tenant’s Delay”: (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date beyond the occurrence of any of Scheduled Commencement Date as the followingresult of: (i) any delay by Tenant in approving the Data Center Plans and/or the Premises Plans beyond the periods set forth in Section 4.2 above; or (ii) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request by Tenant for any change in any of the Plans after the date hereof; (iii) any other act or omission of Tenant or its officers, agents, employees or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards; or (viii) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the causes for delay referred to in this paragraph (a) and the fitting of such Landlord’s Work back into such schedule; then and if Landlord shall notify Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay within two (2) days of the amount commencement of Base Rent, Additional Rent and other charges that would have been payable hereunder had such delay (which notice shall include the Tenant’s obligation to pay Base Rent (without regard to any period estimated duration of free rent) commenced immediately prior to such delay), then such delay shall constitute a Tenant Delay; provided, however, if Landlord fails to give Tenant notice of a delay within said two (2) day period, then such delay shall not constitute a Tenant Delay for the purposes of this Lease. The parties agree that the Substantial Completion Date shall be deemed accelerated by the actual number of days of delay attributable to Tenant Delays. (b) If In addition, if Landlord notifies Tenant in a Change Order of an estimated delay in the substantial completion of Landlord’s Work beyond the scheduled Substantial Completion Date, or if any substantial portion of such delay, is Date due to the result of Force Majeurework described in said Change Order, and such Force Majeure delay would not have occurred but for if a delay described in paragraph (a)actually occurs, then such Force Majeure delay shall constitute a Tenant Delay and the Substantial Completion Date shall be added deemed accelerated by the actual number of days of delay attributable to the delay described in paragraph (a)such Change Order. (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay.” The Construction Deadline shall automatically be extended one day for each day of Tenant’s Delay.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date as the occurrence of any of the followingresult of: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request change by Tenant for any change in any of the Plans after the date hereofTenant’s Layout Plan; (iii) any other act or omission of Tenant or its officers, agents, employees servants, or contractors; (iv) any special requirement of the approved Plans Tenant’s Layout Plan not in accordance conformity with Landlord’s Building building standards; or (v) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the causes for delay referred to in this paragraph (a) and the fitting of such Landlord’s Work back into such schedule; or then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Basic Rent, Additional Rent Escalation Charges and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Rent (without regard to any period of free rent) commenced Commencement Date occurred immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be added to the delay described in paragraph (a). (c) The delays referred to in paragraphs paragraph (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay”.” (c) If, as a result of Tenant’s Delay(s), the Substantial Completion Date is delayed in the aggregate for more than thirty (30) days, Landlord may (but shall not be required to) at any time thereafter terminate this Lease by giving written notice of such termination to Tenant and thereupon this Lease shall terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the cost theretofore incurred by Landlord in performing Landlord’s Work, plus an amount equal to Landlord’s out-of-pocket expenses incurred in connection with this Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) through the effective termination date. (d) The Construction Deadline Completion Date shall automatically be extended one day for each day the period of any delays caused by Tenant’s DelayDelay(s) or Force Majeure.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date shall be delayed as the occurrence of any of the followingresult of: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s 's Work for any reason;; or (ii) any delay beyond failure of Tenant to deliver complete Tenant's Plans to Landlord on or before the date of this Lease in the preparation Tenant Plan Delivery Date or delivery of the Plans, or any request failure by Tenant for to timely deliver revised Tenant's Plans to Landlord as and when required by this Article IV or any change in any of the Tenant's Plans after the date hereof;requested by Tenant and approved by Landlord; or (iii) failure of Landlord and Tenant to agree on the form of Tenant's Plans on or before the Outside Plan Date or any other act or omission failure of Tenant to pay all or its officers, agents, employees or contractors; (iv) any special requirement portion of the approved Plans not in accordance with Landlord’s Building standardsTenant's Share as and when due and payable under this Article IV; or (viv) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii) or (iii) of this paragraph (a) and the fitting of such Landlord’s Work back into such the schedule; then then, in any such event, Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Rent (without regard to any period of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion Date is delayed by reason of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be added to the delay described in paragraph (a). (c) The delays referred to in paragraphs clauses (ai), (ii), (iii) and (biv) are herein referred above, an amount equal to collectively and individually as “one day of Basic Rent (pro-rated on a daily basis) for each such day of delay. Provided, however, that the daily payment of Basic Rent called for by the immediately preceding sentence shall not apply with respect to the first ten (10) days of Tenant’s 's Delay.” The Construction Deadline shall automatically be extended one day for each day of Tenant’s Delay.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for the occurrence of any of the following: (i) any request by Tenant that Landlord delay the commencement or completion of Landlord’s Work for any reason; (ii) any delay beyond the date of this Lease change by Tenant in the preparation Layout Plan, or delivery of the Plansin any other Plans or specifications, after initial approval thereof by Tenant, or any request by Tenant for work that is inconsistent with the Layout Plan as approved, or any change in any of the Plans after request for items or materials not specifically reflected on materials submitted by Tenant to Landlord and agreed to by Landlord prior to the date hereofhereof (including the request by Tenant for so-called “long lead-time” items); (iii) any other act or omission of Tenant or its officers, agents, employees or contractors; (iv) any special requirement re-sequencing or any change in labor or materials priorities as a result of the approved Plans not a request by Tenant described in accordance with Landlord’s Building standardsSection 3.3(b); or (v) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the causes for delay referred to in this paragraph (a) and the fitting of such Landlord’s Work back into such schedule; then Tenant shall, from time to time and within ten thirty (1030) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Rent (without regard to any period of free rent) commenced Commencement Date occurred immediately prior to such delay. If any of the circumstances described in clauses (i) through (v) above occur, and Landlord is aware that such occurrence is reasonably likely to result in a delay in the Substantial Completion Date, then Landlord shall so advise Tenant, and shall give Tenant the Landlord’s then good faith estimate of the likely duration of such delay. Such estimate will not be binding on Landlord and shall not limit any subsequent claim of a Tenant’s Delay. Landlord will use reasonable efforts to advise Tenant periodically if circumstances change or if Landlord becomes aware of any change in the estimated duration of any delay described herein. The period of any Tenant’s Delay shall not include any delay attributable solely to the negligent or willful and wrongful act or omission of Landlord, including without limitation Landlord’s disregard of any deadlines set forth in this Lease or any work letter. In the event of any dispute regarding the duration of any Tenant’s Delay, the parties agree that such dispute shall be resolved through arbitration, with a single arbitrator (with opportunity for review, as set forth in such procedures), in accordance with the procedures established by the Real Estate Bar Association for Massachusetts (XXXX Dispute Resolution, Inc.). (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be added to the delay described in paragraph (a). (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay” or “Tenant Delay.” The Construction Deadline shall automatically be extended one day for each day of Tenant’s DelayDelays.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date as the occurrence of any of the followingresult of: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s 's Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request change by Tenant for any change in any of the Plans after the date hereofPlans; (iii) any other act or omission of Tenant or its officers, agents, employees servants or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building 's building standards; or (v) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii), (iii) or (iv) of this paragraph (a) and the fitting of such Landlord’s Work back into such schedule; then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Basic Rent, Additional Rent Escalation Charges and other charges that would have been payable hereunder had the Tenant’s 's obligation to pay Base Basic Rent (without regard to any period of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be deemed added to the delay described in paragraph (a)that paragraph. (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “"Tenant’s 's Delay.” " (d) If, as a result of Tenant's Delay(s), the Substantial Completion Date is delayed in the aggregate for more than thirty (30) days, Landlord may (but shall not be required to) at any time thereafter terminate this Lease by giving written notice of such termination to Tenant and thereupon this Lease shall terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the cost theretofore incurred by Landlord in performing Landlord's Work, plus an amount equal to Landlord's out-of-pocket expenses incurred in connection with this Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) through the effective termination date. (e) The Construction Deadline shall automatically be extended one day for each day the period of any delays caused by Tenant’s Delay's Delay(s) or Force Majeure.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date as the occurrence of any of the followingresult of: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s 's Work for any reason;; or (ii) any delay beyond failure of Tenant to complete and deliver Construction Documents on or before the date of this Lease in the preparation or delivery of the Plans, Construction Document Delivery Date or any request by failure of Tenant for any change to authorize Landlord to proceed with Landlord's Work as and when provided in any of the Plans after the date hereof;this Lease; or (iii) any change by Tenant in Tenant's Plans (except as permitted by the 5th paragraph of Section 4.2(a) hereof with respect to changes pertaining to the Construction Cost Statement) once approved by Landlord or any failure by Tenant to respond to any request for approval of Construction Cost Statement or modifications thereto within the time and manner provided in this Lease; or (iv) any other act or omission of Tenant or its officers, partners, agents, employees servants or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards; or (v) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii), (iii) or (iv) of this paragraph (a) and the fitting of such Landlord’s Work back into such the schedule; then then, in any such event, Tenant shall, from time to time and within ten (10) days after written demand therefor, pay to Landlord for each day the Substantial Completion Date is delayed by reason of such delay the delays referred to in clauses (i), (ii), (iii), (iv) and (v) above, an amount equal to one day of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Basic Rent (without regard to any period pro-rated on a daily basis) for each such day of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be deemed added to the delay described in paragraph (a)that paragraph. (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “"Tenant’s 's Delay".” (d) If, as a result of Tenant's Delay, the Substantial Completion Date is delayed in the aggregate for more than one hundred twenty (120) days, Landlord may (but shall not be required to) at any time thereafter terminate this Lease by giving written notice of such termination to Tenant and thereupon this Lease shall terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the cost theretofore incurred by Landlord in performing Landlord's Work, plus an amount equal to Landlord's out-of-pocket expenses incurred in connection with this Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) through the effective termination date. (e) The Construction Deadline Completion Date shall automatically be extended one day for each day the period of any delays caused by Tenant’s Delay's Delay or Force Majeure.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial --------------- Completion Date, Date and such delay would not have occurred but for the occurrence of any of the followingfor: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s 's Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request change by Tenant for any change in any of the Plans after the date hereofPlans; (iii) any other act or omission of Tenant or its officers, agents, employees servants or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building 's building standards; or (v) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii), (iii) or (iv) of this paragraph (a) and the fitting of such Landlord’s Work back into such schedule; then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Basic Rent, Additional Rent Escalation Charges and other charges that would have been payable hereunder had the Tenant’s 's obligation to pay Base Basic Rent (without regard to any period of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be deemed added to the delay described in paragraph (a)that paragraph. (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “"Tenant’s 's Delay.” " (d) If, as a result of Tenant's Delay(s), the Substantial Completion Date is delayed in the aggregate for more than ninety (90) days, Landlord may (but shall not be required to) at any time thereafter terminate this Lease by giving written notice of such termination to Tenant and thereupon this Lease shall terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the cost theretofore incurred by Landlord in performing Landlord's Work, plus an amount equal to Landlord's out-of-pocket expenses reasonably incurred in connection with this Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) through the effective termination date. (e) The Construction Deadline shall automatically be extended one day for each day the period of any delays caused by Tenant’s Delay's Delay(s) or Force Majeure.

TENANT'S DELAYS. (a) If a any delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date as the occurrence of any of the followingdirect result of: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s Work for any reason;; or (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request change requested by Tenant for any change (and approved by Landlord) in Exhibit C or in any of Tenant’s plans once approved by Landlord and Tenant provided Landlord notifies Tenant at the Plans time of such change request of the estimated length of Tenant’s Delay resulting from such change order and Tenant fails to withdraw its request for the change within three (3) Business Days after such notice. Any failure of Tenant to withdraw its request as provided above shall constitute Tenant’s acceptance of Landlord’s estimate of the date hereof;length of Tenant’s Delay resulting from such change order; or (iii) any other act or omission of Tenant or its members, officers, partners, agents, employees servants, employees, representatives or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards; or (viv) any reasonably necessary displacement of any of Landlord’s Work from its place in Landlord’s construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii) or (iii) of this paragraph (a) and the fitting of such Landlord’s Work back into such the schedule; then then, in any such event, Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day the Substantial Completion Date is delayed beyond the Outside Delivery Date by reason of such delay the delays referred to in clauses (i), (ii), (iii) and (iv) above, an amount equal to one day of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Basic Rent (without regard to any period pro-rated on a daily basis) for each such day of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, Date is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be deemed added to the delay described in paragraph (a). (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay”.” (d) The Construction Deadline Outside Delivery Date shall automatically be extended one day for each day the period of Tenant’s Delayany delays caused by Force Majeure provided any such Force Majeure extensions of the Outside Delivery Date shall in no event exceed an additional sixty (60) days in the aggregate. (e) The Outside Delivery Date shall automatically be extended for the period of any delays caused by Force Majeure (for a period not to exceed sixty (60) days).

TENANT'S DELAYS. (a) If a delay shall occur in the ---------------- Substantial Completion Date, and such delay would not have occurred but for Date as the occurrence of any of the followingresult of: (i) any written request by Tenant that Landlord delay in the commencement or completion of Landlord’s 's Work for any reason;; or (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request requested change by Tenant in Exhibit B or Proposed Plans (except such changes to Proposed Plans as are required and necessary due to the fact that Proposed Plans are not submitted to Tenant substantially in accordance with Exhibit B) Tenant's Plans or Tenant's failure to timely approve Proposed Plans submitted to Tenant for any change in any of the Plans after the date hereof;approval by Landlord; or (iii) any other act or omission of Tenant or its officers, partners, agents, employees servants or contractors;contractors which shall cause a delay in the Substantial Completion Date; or (iv) any special requirement of the approved Plans not in accordance requested change by Tenant with Landlord’s Building standardsrespect to Exhibit B-1; or (v) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii), (iii) or (iv) of this paragraph (a) and the fitting of such Landlord’s Work back into such the schedule; then then, in any such event, Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day the Substantial Completion Date is delayed by reason of such delay the delays referred to in clauses (i), (ii), (iii), (iv) or (v) above, an amount equal to one day of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s obligation to pay Base Basic Rent (without regard to pro-rated on a daily basis) for each such day of delay. Landlord shall provide Tenant with written notice of any period circumstances which will result in a Tenant's Delay within a reasonable time after Landlord or Landlord's agents, employees or contractors shall have actual knowledge and notice of free rent) commenced immediately prior to the occurrence of any such delaycircumstances. Landlord shall provide Tenant with written notice of any claimed Tenant's Delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be added to the delay described in paragraph (a). (c) The delays referred to in paragraphs paragraph (a) and (b) are herein referred to collectively and individually as “"Tenant’s 's Delay".” (c) If, as a result of Tenant's Delay, the Substantial Completion Date is delayed in the aggregate for more than seventy five (75) days, Landlord may (but shall not be required to) at any time thereafter terminate this Lease by giving written notice of such termination to Tenant and thereupon this Lease shall terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the cost theretofore incurred by Landlord in performing Landlord's Work, plus an amount equal to Landlord's out-of-pocket expenses incurred in connection with this Lease, including, without limitation, brokerage and reasonable legal fees, together with any amount required to be paid pursuant to paragraph (a) through the effective termination date. (d) The Construction Deadline Completion Date and the Outside Date (as defined in Section 4.2(c) shall automatically be extended one day for each day the period of any delays caused by Tenant’s 's Delay.

TENANT'S DELAYS. The delays referred to in paragraph (a) are herein referred to collectively and individually as "Tenant's Delay": (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date beyond the occurrence of any of Scheduled Commencement Date as the followingresult of: (i) any delay by Tenant in approving the Data Center Plans and/or the Premises Plans beyond the periods set forth in Section 4.2 above; or (ii) any request by Tenant that Landlord delay the commencement or completion of Landlord’s 's Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request by Tenant for any change in any of the Plans after the date hereof; (iii) any other act or omission of Tenant or its officers, agents, employees or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards; or (viii) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in this paragraph (a) and the fitting of such Landlord’s 's Work back into such schedule; then and if Landlord shall notify Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay within two (2) days of the amount commencement of Base Rent, Additional Rent and other charges that would have been payable hereunder had such delay (which notice shall include the Tenant’s obligation to pay Base Rent (without regard to any period estimated duration of free rent) commenced immediately prior to such delay), then such delay shall constitute a Tenant Delay; provided, however, if Landlord fails to give Tenant notice of a delay within said two (2) day period, then such delay shall not constitute a Tenant Delay for the purposes of this Lease. The parties agree that the Substantial Completion Date shall be deemed accelerated by the actual number of days of delay attributable to Tenant Delays. (b) If In addition, if Landlord notifies Tenant in a Change Order of an estimated delay in the substantial completion of Landlord's Work beyond the scheduled Substantial Completion Date, or if any substantial portion of such delay, is Date due to the result of Force Majeurework described in said Change Order, and such Force Majeure delay would not have occurred but for if a delay described in paragraph (a)actually occurs, then such Force Majeure delay shall constitute a Tenant Delay and the Substantial Completion Date shall be added deemed accelerated by the actual number of days of delay attributable to the delay described in paragraph (a)such Change Order. (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “Tenant’s Delay.” The Construction Deadline shall automatically be extended one day for each day of Tenant’s Delay.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for the occurrence of any of the following: (i) any request by Tenant that Landlord delay the commencement or completion of Landlord’s 's Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request change by Tenant for any change in any of the Plans after the date hereofinitial approval thereof by Tenant; (iii) any other wrongful act or omission of Tenant or its officers, agents, employees or contractors; (iv) any special requirement of the approved Plans not in accordance with Landlord’s Building standards's building standard; or (v) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in this paragraph PARAGRAPH (aA) and the fitting of such Landlord’s 's Work back into such schedule; then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Rent, Additional Rent and other charges that would have been payable hereunder had the Tenant’s 's obligation to pay Base Rent (without regard to any period of free rent) commenced immediately prior to such delay. As to matters described in clauses (ii) - (iv) above, Landlord shall advise Tenant of any delay that Landlord knows is reasonably likely to occur as a result of the matter described, within a reasonable time after Landlord becomes aware of such likelihood. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph PARAGRAPH (aA), such Force Majeure delay shall be added to the delay described in paragraph PARAGRAPH (aA). (c) The delays referred to in paragraphs PARAGRAPHS (aA) and (bB) are herein referred to collectively and individually as “"TENANT'S DELAY." (d) If for any reason other than Force Majeure or a Tenant’s 's Delay.” The Construction Deadline , the Substantial Completion Date has not occurred by August 31, 2003, and for so long as no Event of Default occurs hereunder, Tenant shall automatically be extended one day entitled to a rent credit equal to five hundred dollars ($500.00) for each day of after August 31, 2003 that the Substantial Completion Date has not occurred. Such credit shall be Tenant’s Delay's sole and exclusive remedy at law or in equity for any such late completion. Such credit shall be applied to Base Rent coming due commencing on the Rent Commencement Date.

TENANT'S DELAYS. (a) If a delay shall occur in the Substantial Completion Date, and such delay would not have occurred but for Date as the occurrence of any of the followingresult of: (i) any request by Tenant that Landlord delay in the commencement or completion of Landlord’s 's Work for any reason; (ii) any delay beyond the date of this Lease in the preparation or delivery of the Plans, or any request change by Tenant for any change in any of the Plans after the date hereofto Exhibit F; (iii) any other act or omission of Tenant or its officers, agents, employees servants or contractors; (iv) any special requirement of the approved Plans Exhibit F not in accordance with Landlord’s Building standards's building standards of which Landlord has given Tenant notice at the time of Landlord's approval thereof; or (v) any reasonably necessary displacement of any of Landlord’s 's Work from its place in Landlord’s 's construction schedule resulting from any of the causes for delay referred to in clauses (i), (ii), (iii) or (iv) of this paragraph (a) and the fitting of such Landlord’s 's Work back into such schedule; then Tenant shall, from time to time and within ten (10) days after demand therefor, pay to Landlord for each day of such delay the amount of Base Basic Rent, Additional Rent Escalation Charges and other charges that would have been payable hereunder had the Tenant’s 's obligation to pay Base Basic Rent (without regard to any period of free rent) commenced immediately prior to such delay. (b) If a delay in the Substantial Completion Date, or if any substantial portion of such delay, is the result of Force Majeure, and such Force Majeure delay would not have occurred but for a delay described in paragraph (a), such Force Majeure delay shall be deemed added to the delay described in paragraph (a)that paragraph. (c) The delays referred to in paragraphs (a) and (b) are herein referred to collectively and individually as “"Tenant’s 's Delay.” The Construction Deadline shall automatically be extended one day for each day " (d) If, as a result of Tenant’s Delay'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 this Lease by giving written notice of such termination to Tenant and thereupon this Lease shall terminate without further liability or obligation on the part of either party, except that Tenant shall pay to Landlord the cost theretofore incurred by Landlord in performing Landlord's Work, including any restoration of the Premises, plus an amount equal to Landlord's out-of-pocket expenses reasonably incurred in connection with this Lease, including, without limitation, brokerage and legal fees, together with any amount required to be paid pursuant to paragraph (a) through the effective termination date.