Landlord Caused Delays. The Expansion Space Commencement Date shall occur as provided in Section 4 of the First Amendment, provided that the Expansion Space Commencement Date shall be extended by the number of days of delay of the Substantial Completion of the Tenant Improvements, as that term is defined in [Section 5.2], below, in the applicable portion of the Expansion Space to the extent # caused by a Landlord Caused Delay, as that term is defined below, and # the subject delay causes the Substantial Completion of the Tenant Improvements to occur after September 1, 2019. As used herein, the term “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to # material and unreasonable interference by Landlord, its agents or other Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements which objectively precludes or delays the construction of Tenant Improvements, which interference relates to access by Tenant, or Tenant’s Agents to the Building or any Common Areas or service (including temporary power) during normal construction hours, or the use thereof during normal construction hours, and # delays due to the acts or failures to act of Landlord with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter).
Landlord Delays. The Expansion Effective Date shall be extended by the number of days of delay of the Substantial Completion (as defined below) of the Tenant Alterations in the Expansion Space caused by a Landlord Delay. “Landlord Delay” shall mean actual delays in the Substantial Completion of the improvements within the Expansion Space which delays construction beyond the applicable construction period and which results from the active negligence or willful misconduct or materially unreasonable acts (when judged in accordance with industry custom and practices) of Landlord or Landlord’s agents, employees or contractors, including without limitation the failure of Landlord to timely approve or disapprove any Plans and Specifications in accordance with the terms and conditions of this Exhibit B.
If the Expansion Substantial Completion Date is delayed due to any change requested by Tenant to the Expansion Space Plan, or due to any change requested by Tenant to Landlord’s Expansion Plans or Landlord’s Expansion Work after Tenant shall have approved Landlord’s Expansion Plans, or due to any negligence, breach of the Lease or other wrongful conduct of Tenant or anyone acting under Tenant, or any interference with the performance of Landlord’s Expansion Work due to Tenant’s occupancy of portions of the Expansion Premises, such delay in the Expansion Substantial Completion Date shall be a “Tenant Expansion Delay”, and in such event Landlord may, at its option, require Tenant to commence payment of Annual Fixed Rent with respect to the Expansion Premises as of the date that the Expansion Date would have occurred in the absence of such Tenant Expansion Delay(s), provided that such election by Landlord shall not accelerate the actual Expansion Date and any amount payable by Tenant pursuant to such election shall be payable as Additional Rent in addition to all Annual Fixed Rent and Additional Rent payable by Tenant during the term. Notwithstanding the foregoing, no Tenant Expansion Delay shall be deemed to have occurred unless and until Landlord has provided notice to Tenant’s Expansion Construction Representative as provided below specifying the action or inaction that constitutes a Tenant Expansion Delay. If such action or inaction is not cured within one (1) Business Day after the giving of such notice, then a Tenant Expansion Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice was given and continuing for the number of days that the Expansion Substantial Completion Date is in fact delayed as a result of such Tenant Expansion Delay.
If Landlord shall be delayed in completing Landlord’s Expansion Space Work as a result of # Tenant’s failure to comply with any of the approval requirements and deadlines specified in this Exhibit or with any of the other requirements of this Exhibit or the Lease (as amended), # Tenant’s request for modifications to the Approved Expansion Space Plans or the Final Expansion Space Construction Drawings (other than pursuant to Tenant’s permitted comment period hereunder), # Tenant’s failure to pay when due any amount required pursuant to Section 5 of this Exhibit, # Tenant’s request for long lead time materials, finishes or installations, or # the performance or timing of any work, or the entry into the Expansion Space, by Tenant or any person or firm employed or retained by Tenant, or the unreasonable interference by Tenant or any of its Agent with Landlord’s Expansion Space Work in the Original Premises, then for purposes of determining the Expansion Space Commencement Date, Landlord’s Expansion Space Work shall be deemed to have been substantially complete on the date that Landlord determines in its reasonable judgment that Landlord’s Expansion Space Work would have been substantially complete if such delay(s) had not occurred. Landlord shall provide Tenant’s Authorized Representative with notice of any such delays by Tenant (which notice may be electronic).
Tenant-Caused Delay. If Substantial Completion is delayed as a result of Tenant Change Orders, Tenant's interference with the construction of the Landlord Improvements and/or the Tenant Improvements, delays resulting from Tenant's using Landlord's contractors and/or subcontractors to complete Tenant's installations), or Tenant's failure to promptly respond to Landlord's request to specify details or layouts or other matters, or Tenant’s improperly failing or refusing to fund its share of the cost of Tenant Improvements, as set forth in Paragraph 6 below, then the Commencement Date shall be deemed to have occurred when, in the opinion of the Architect of Record, Substantial Completion would have otherwise occurred and any additional costs incurred by Landlord in completing the Landlord Improvements and/or the Tenant Improvements which are a result of such Tenant-caused delays shall be reimbursed by Tenant upon demand by Landlord.
If the Substantial Completion Date is delayed due to any change requested by Tenant to the Space Plan, or due to any change requested by Tenant to Landlord’s Plans or Landlord’s Work after Tenant shall have approved Landlord’s Plans, or due to any negligence, breach of this Lease or other wrongful conduct of Tenant or anyone acting under Tenant, or any interference with the performance of Landlord’s Work due to Tenant’s occupancy of portions of the Premises as provided in Section 3.1 above, such delay in the Substantial Completion Date shall be a “Tenant Delay”, and in such event Landlord may, at its option, require Tenant to commence payment of Annual Fixed Rent as of the date that the Commencement Date would have occurred in the absence of such Tenant Delay(s), provided that such election by Landlord shall not accelerate the actual Commencement Date and any amount payable by Tenant pursuant to such election shall be payable as Additional Rent in addition to all Annual Fixed Rent and Additional Rent payable by Tenant during the term. Notwithstanding the foregoing, no Tenant Delay shall be deemed to have occurred unless and until Landlord has provided notice to Tenant’s Construction Representative pursuant to Section 3.5 below specifying the action or inaction that constitutes a Tenant Delay. If such action or inaction is not cured within one (1) Business Day after the giving of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such notice was given and continuing for the number of days that the Substantial Completion Date is in fact delayed as a result of such Tenant Delay.
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