If Landlord’s Restoration Work cannot, in Landlord’s good faith estimate (as determined in accordance with Paragraph 25.2), be completed within one (1) year following the date of the Casualty (assuming no unusual delays in the receipt of insurance proceeds, no overtime or other premiums, and no Force Majeure Event), or

for manufacture, the fees under this [Section 12.11] would be inapplicable, and there would be ​ due whether it was the first or third such delay. For clarity, this [Section 12.12] is applicable solely to the manufacture of batches or campaigns under a Work Order. Delays of other Services shall be ​ in any event.

has not Delivered: # all of the satellites comprising the Phase 1 Satellites by the date falling ​ after the Phase 1 Second Completion Date, subject to extension to the extent the default is excused pursuant to [Article 17.0], Excusable Delays, or # (if the Phase 2 option has been exercised) all of the satellites comprising the Phase 2 Satellites by the later of ​ after the Phase 2 Second Completion Date or ​ after the date the Phase 2 option has been exercised, subject to extension to the extent the default is excused pursuant to [Article 17.0], Excusable Delays, provided that any such termination shall be in part, only with respect to all or any portion of the Work relating to Deliverables not Delivered on or before the date of termination (a “Partial Delivery Failure Termination”).

Either Party shall have the right to terminate a Work Order in the event that unanticipated difficulties or delays make its success in a reasonable timeframe for such difficulty or delay improbable. The Party wishing to terminate the Work Order shall request in writing a pre-termination consultation with the other Party to review potential concerns and to

PROVIDER and CLIENT will work in good faith to limit the costs associated with the delay. PROVIDER maintains the rights to stop all work in progress and allocate resources to limit additional costs incurred. Such delays may be withdrawn by written notice to PROVIDER, specifying a mutually agreed upon date for return to service by both parties.

Section #. “Tenant Delay” means any delay which Landlord may encounter in the performance of Landlord’s obligations under the Lease (including the performance of any work) to the extent that Landlord encounters such delay by reason of # any act or omission of any nature of Tenant, Tenant’s agents or contractors, # delays by Tenant in submission of information, and/or # delays due to the postponement at the request of Tenant of any portion of Landlord’s 5th Floor Post-Commencement Work, Landlord’s 6th Floor Post-Commencement Work or any other work required to be performed by Landlord pursuant to this Amendment Tenant shall pay to Landlord any reasonable out of pocket third-party costs or expenses incurred by Landlord by reason of any Tenant Delay within thirty (30) days after demand therefor (accompanied by reasonable back-up documentation).

Neither the Administrative Agent nor any Agent-Related Person shall be responsible for delays or failures in performance resulting from acts beyond its control. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, computer viruses, power failures, earthquakes, terrorist attacks or other disasters

Force Majeure. Except for monetary obligations hereunder, neither party will be responsible for delays resulting from causes beyond the reasonable control of such party, including fire, explosion, flood, war, strike, or riot, provided that the nonperforming party uses commercially reasonable efforts to avoid or remove such causes of nonperformance and continues performance under this Agreement with reasonable dispatch whenever such causes are removed.

Construction of Landlord's TI Work. Following completion of the Approved TI Plans, Landlord shall apply for and use reasonable efforts to obtain the necessary permits and approvals to allow construction of all Tenant Improvements; provided, however, at Tenant’s reasonable request, Landlord shall submit an earlier set of plans for plan check while the parties work to obtain the Approved TI Plans. Upon receipt of such permits and approvals, Landlord shall, at Tenant's expense (subject to Landlord's payment of the Tenant Improvement Allowance and, to the extent requested by Tenant, the Additional TI Allowance), construct and complete the Tenant Improvements substantially in accordance with the Approved TI Plans, subject to Unavoidable Delays and Tenant Delays (if any). Landlord shall use commercially reasonable efforts to complete the Tenant Improvements on or before May 15, 2023, subject to Unavoidable Delays and Tenant Delays (if any). Such construction of the Tenant Improvements and Landlord’s Work shall be performed in a neat, good and workmanlike manner, free of defects, using new materials and equipment of good quality, and shall materially conform to all applicable laws, rules, regulations, codes, ordinances, requirements, covenants, conditions and restrictions applicable thereto in force at the time such work is completed. Landlord shall cause Hathaway Dinwiddie (so long as obtaining such bid does not delay the completion of Landlord’s TI Work), Landmark Builders, Dome Construction, XL Construction and any other potential general contractors requested by Tenant and reasonably approved by Landlord to bid on general conditions and fee for construction of the Tenant Improvements. All bids will be opened together with Tenant selecting the general contractor to construct the Tenant Improvements, subject to the reasonable approval of Landlord. Tenant shall have the right to value engineer the proposed Tenant Improvements before the final bid is selected. Tenant shall also have the right to approve all subcontractors engaged by the General Contractor, which subcontractors shall be competitively bid, and which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall enter into a stipulated sum or guaranteed maximum price construction contract with the General Contractor as selected by Tenant and approved by Landlord in the amount of the construction costs approved by Landlord and Tenant.

The below Table 10.6 - Notification of Delays and Percentage of Fees Owed, are the obligation of CLIENT. The policy and fees are effective as of Project initiation date(s) described in the mutually- agreed to in the signed Task Order. Percentages are applied to the total cost of fees for the individual Project that is delayed. In the event of a delay, both parties shall use good faith efforts to reschedule such Project.