The term “Tenant Delays” means any delays attributable to the following: (i) any failure by Tenant to comply with the date and time limits in this Lease; (ii) delays due to the acts or failures to act of Tenant, its agent or contractor, where such acts or failures to act delay the completion of Landlord’s Work; (iii) delays due to any changes requested by Tenant to the plans for Landlord’s Work; (iv) delays due to Tenant’s selection of materials or methods of construction which cannot be timely incorporated into the schedule for the Landlord’s Work; and (v) any other delays due to the acts or omissions of Tenant or any Tenant Representative, where such acts or omissions delay the completion of Landlord’s Work. The foregoing notwithstanding, there shall be no Tenant Delay unless Tenant fails to correct or comply within 24 hours after having received Notice from Landlord of such pending Tenant Delay. Tenant shall allow reasonable sufficient time for Landlord to complete Landlord’s Work

Section # Tenant Delay. The term “Tenant Delay” shall mean any actual delay in the completion of the Landlord’s Work by reason of any act or neglect, failure or omission (where there is a duty to act) of Tenant, its members, agents, servants, employees, contractors or subcontractors, or in the performance of Tenant's obligations under this Lease, including, but not limited to:

“Tenant Delay” shall mean any delay in the performance of Landlord’s Work arising from: # long lead time items selected by Tenant, # the default, negligence or willful misconduct of Tenant or any other Tenant Party, or # any Changes (as defined in Exhibit 4 attached hereto). Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act within on or before a date or time period expressly set forth in the Lease (in which event no Tenant Delay Notice shall be required): # in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant # that a Tenant Delay is occurring, and # of the basis on which Landlord has determined that a Tenant Delay is occurring, and # no period of time prior to the time that Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice. Tenant shall pay for any increase in the cost to Landlord in the performance of Landlord’s Work arising from any Tenant Delay within thirty (30) days of billing by Landlord.

“Tenant Delay” shall mean any act or omission by Tenant and/or Tenant’s agents, employees or contractors (collectively with Tenant, the “Tenant Parties”) which causes a delay in the commencement or performance of Landlord’s Work or the issuance of a certificate of occupancy for the Premises. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act on or before a date or within a time period expressly set forth in this Lease (in which event no Tenant Delay Notice shall be required): # in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant # that a Tenant Delay is occurring, and # of the basis on which Landlord has determined that a Tenant Delay is occurring, and # no period of time prior to the date that is three (3) business days after Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice.

The term “Tenant Delay” as used in this Work Letter shall mean any delay that Landlord may encounter in the performance of Landlord’s obligations under this Work Letter which delays Substantial Completion beyond the Anticipated Delivery Date and/or the Outside Delivery Date because of any of Tenant’s (or any of Tenant’s Construction Agents’ (as defined below)) acts or omissions of any nature, whether committed willfully, negligently, intentionally, or otherwise, that result in any delay including, without limitation, any: # delay attributable to Change Orders (as defined below) as well as any delays incurred in investigating and processing any Change Order or otherwise caused by a Change Order issued at Tenant’s request; # delay attributable to postponement of any Turnkey Improvements at the request of Tenant; # delay attributable to the errors or other insufficiency in the Construction Drawings; # delay by Tenant in furnishing information, making submittals or giving any other approvals or authorizations within the time limits set forth in this Work Letter, or if no time is set forth for such performance in this Work Letter, then a reasonable time, time being of the essence; and # delay attributable to the failure of Tenant to pay, when due, any amounts required to be paid by Tenant pursuant to this Work Letter or the Lease including, without limitation, any Balance and Excess Costs (as defined below). Tenant shall reimburse Landlord for any and all additional costs incurred by Landlord arising out of or in any way related to the Tenant Delays and Tenant hereby releases Landlord from and against any and all liability arising out of or in any way related to such Tenant Delays.

“Tenant Delay” shall mean any act or omission by Tenant and/or Tenant’s agents, employees or contractors (collectively with Tenant, the “Tenant Parties”) which causes an actual delay in the performance of Landlord’s Work, including, without limitation, any Changes to the Plans or the scope of Landlord’s Work as shown on the Initial Plan (as such terms are hereinafter defined) that are requested by Tenant. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act within on or before a date or time period expressly set forth in the Lease (in which event no Tenant Delay Notice shall be required): # in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant # that a Tenant Delay is occurring, and # of the basis on which Landlord has determined that a Tenant Delay is occurring, and # no period of time prior to the time that Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice. The term “Tenant Parties” shall not include any of the following, to the extent hired by Landlord: contractors, subcontractors, architects, space planners, interior designers, facility managers, and other consultants.

Tenant Delay: Any delay which results from any act or omission of any Tenant Party, including delays due to changes in or additions to, or interference with any work to be done by Landlord, or delays by Tenant in submission of information approving working drawings or plans or estimates or giving authorizations or approvals.

The term “Landlord Delay” as used in this Work Letter shall mean any actual delays in the substantial completion of Tenant’s Work caused by: # Landlord’s failure to fully and timely comply with the deadlines expressly set forth in this Work Letter unless such failure to fully and timely comply is the result of a Tenant Delay, # Landlord’s failure to provide reasonable access to the Premises, the loading docks, the service elevators and other areas in connection with Tenant’s performance of the Tenant Work so long as Tenant has otherwise complied with the terms and conditions of this Lease relating to such access, # Landlord’s failure to fund the Tenant’s Work Allowance as expressly set forth in this Work Letter provided that Tenant has otherwise satisfied all of the obligations related to such disbursement, and # any other actual delay to the extent resulting solely from the wrongful acts or omissions of Landlord or its agents, employees or contractors and Landlord fails to cure such delay within one (1) Business Day after receipt of written notice of such delay.

“Tenant Delay” shall mean any delay in the performance of Landlord’s Work and/or the issuance of a building permit for Landlord’s Work arising out of or resulting from the following: # the failure of the Test Fit Plans Approval Date to occur by the Scheduled Test Fit Plans Approval Date, excepting only as a result of a Landlord Delay; # the failure of the Budget Approval Date to occur by the Scheduled Budget Approval Date, excepting only as a result of a Landlord Delay; # the failure of the Permit Set Plans Approval Date to occur by the Scheduled Permit Set Plans Approval Date, excepting only as a result of a Landlord Delay; # the failure of the Construction Set Plans Approval Date to occur by the Scheduled Construction Set Plans Approval Date, excepting only as a result of a Landlord Delay; # the failure by Tenant to review and consent to, or to provide comments or responses to, the proposed Test Fit Plans, the Budget, the Permit Set Plans, and/or the Construction Set Plans, as applicable, by not later the respective period of time set forth in Section 4.3 (time being of the essence of each such date), # the failure by Tenant to timely pay to Landlord any Tenant’s Progress Payment when due in accordance with the provisions of Section 4.3(f); # any Tenant Change Orders or Long Lead Items requested by Tenant, # any delay and/or default on the part of Tenant or its agents, engineers, architects, or contractors which delays performance of an obligation beyond the respective milestone date set forth in the Construction Schedule, # any material interference with the performance of Landlord’s Work by Tenant or any of its agents, engineers, architects, or contractors, or # any other action or inaction by Tenant or any of Tenant’s agents, engineers, architects, or contractors. Notwithstanding the foregoing, except where a Tenant Delay arises from Tenant’s failure timely to act on or before a date or within a time period expressly set forth in this Lease (in which event no Tenant Delay Notice shall be required): # in no event shall any act or omission be deemed to be a Tenant Delay until and unless Landlord has given Tenant notice (the “Tenant Delay Notice”) (which notice may be by email to Tenant’s construction representative) advising Tenant # that a Tenant Delay is occurring, and # of the basis on which Landlord has determined that a Tenant Delay is occurring, and # no period of time prior to the date that is two (2) Business Days after Tenant receives a Tenant Delay Notice shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice.

If Landlord shall be actually delayed in Substantially Completing the Landlord’s Work beyond the Intended Commencement Date as a result any of the following (collectively, “Tenant Delays”):