Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, will impair any such right, power or remedy of such party, nor will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring, nor will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in a writing signed by such party and will be effective only to the extent specifically set forth in such writing.

Waiver and Delays. A waiver by any Party of any of the terms and conditions of, or rights under, this Agreement will not be effective unless signed by the Party waiving such term, condition or right and will not bar the exercise of the same right on any subsequent occasion or any other right at any time or be deemed or construed to be a waiver of such terms or conditions for the future. Neither the failure of nor any delay on the part of any Party to exercise any right, remedy, power or privilege under this Agreement will operate as a waiver thereof, nor will any ​ = Certain Confidential Information Omitted single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege.

Landlord Caused Delays. Base Rent as to the Third Expansion Premises shall be abated for the number of days of actual delay of the substantial completion of the Tenant Improvements in the Third Expansion Premises to the extent caused by # a "Landlord Caused Delay," as that term is defined, below, or # “Coronavirus Delay,” as that term is defined in [Section 5.6] below, but only to the extent such Landlord Caused Delay or Coronavirus Delay causes the substantial completion of the Tenant Improvements to occur after the date which is six (6) months days following the delivery date. As used herein, "Landlord Caused Delay" shall mean actual delays in the substantial completion of the Premises to the extent resulting from interference (when judged in accordance with industry custom and practice) with Tenant's construction of the Tenant Improvements to the extent caused by # Landlord's failure to timely approve or disapprove any matter requiring Landlord's approval pertaining to the Tenant Improvements within the time periods set forth above or if not specified, within a reasonable period of time; # Landlord's failure to timely disburse the Tenant Improvement Allowance or HVAC Allowance; # material and unreasonable interference by Landlord with substantial completion of the Third Expansion Premises if such interference # objectively precludes or delays the construction of Tenant Improvements therein or any portion thereof, and # relates to access by Tenant to the Third Expansion Premises or any of the Building's facilities (including loading docks and freight elevators) or services and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; or # Landlord’s failure to complete the Removal Work on or before the Third Expansion Commencement Date. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Caused Delay. Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord Caused Delay through the re-sequencing or re-scheduling of work, if feasible, but this sentence will not be deemed to require Tenant to incur overtime or after-hours costs unless Landlord agrees in writing to bear such costs. In addition, Tenant shall endeavor to provide notice to Landlord when Tenant becomes aware of any expected or potential Landlord Caused Delays prior to any such delay actually occurring, in order to allow Landlord to attempt to mitigate such potential delay. If such actions, inaction or circumstance described in the notice (the "Landlord Delay Notice") are not cured by Landlord within one (1) business day of Landlord’s receipt of the Landlord Delay Notice and if such action, inaction or circumstance otherwise qualify as a Landlord Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord’s receipt of the Landlord Delay Notice and ending as of the date such delay ends.

Tariffs enacted or made applicable to the materials for construction of the Base Building Improvements following the full execution and delivery of the applicable Construction Contract, for which reasonable documentation is delivered to Tenant promptly after Landlord learns of the same;

Force Majeure Delays. Notwithstanding any provision of this [Exhibit B] to the contrary, in the event that Tenant or Landlord claims that it has suffered a Force Majeure Delay, Tenant or Landlord, as applicable, shall, as a condition of the effectiveness of such Force Majeure Delay, within ten (10) Business Days following a determination by Tenant or Landlord that a Force Majeure Delay has occurred, notify the other in writing of the existence of such Force Majeure Delay. Tenant or Landlord, as applicable, shall not be entitled to commence the incurrence of any Force Majeure Delay any earlier than three business days prior to the actual issuance of such notice.

Certain Payment Delays. Notwithstanding anything to the contrary set forth herein, to the extent that the payment of any amount described in Sections 10(d) or 10(e) constitute “nonqualified deferred compensation” for purposes of Code [Section 409A] (as defined in Section 24 hereof), then, subject to Section 24, any such payment scheduled to occur during the first sixty (60) days following the termination of employment shall not be paid until the first regularly scheduled pay period following the sixtieth (60th) day following such termination and shall include payment of any amount that was otherwise scheduled to be paid prior thereto.

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).

Section # Concurrent Delays.

Tenant Delays Exhibit B

Delays Not Caused by a Regulatory Authority. If at any time Licensee in good faith believes that it may not be able to meet the obligations under this [Section 2.4(b)], for reasons relating to safety, technical problems or issues outside of Licensee’s reasonable control, it shall notify Licensor in writing no later than 3 months prior to such milestone event. Licensee shall provide written detailed explanation why Licensee believes it cannot meet such milestone event. The Parties agree to discuss the circumstances of Licensee’s inability to meet the milestone event, and may negotiate, in good faith, the terms around any possible extensions related to such delays.