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.
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).
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).
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.
"Landlord Delay" shall mean the number of calendar days of delay occurring after Substantial Completion of the Base Building Improvements which causes Tenant to be unable to complete the Tenant Improvements on or before the date that is six months after the Substantial Completion Date and which results from a delay occurring as the direct result of: (i) Landlord’s failure to approve any matter requiring Landlord’s approval in violation of the requirements of Section 3.2 or Section 3.4 [Exhibit B] pertaining to such approval or (ii) material and unreasonable interference by Landlord or of any of Landlord’s employees, contractors or agents with the construction of the Tenant Improvements. Notwithstanding the foregoing, no Landlord Delay shall occur unless Tenant notifies Landlord in writing within ten (10) Business Days after the event giving rise to such Landlord Delay occurs, specifying in detail the conduct giving rise to such Landlord Delay.
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