Force Majeure - delays beyond the control of Landlord or Tenant, including, but not limited to, permitting, availability of materials, acts of God, Tenant Delays, and inclement weather.

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.

Recovery of Time Lost to Permissible Delays. If Owner determines that acceleration of the Project Schedule is necessary to make up time lost due to Permissible Delays, Owner may request Builder to add additional shifts, engage additional workers or subcontractors, or take other actions for the purpose of overcoming such Permissible Delays. Upon such request, Builder and Owner shall consult and Builder shall take such measures as the Parties determine may be commercially reasonable and likely to be effective. The added costs of any such actions shall be for the account of Owner. Such additional costs shall be directed and documented as a Change Order in accordance with Article 10.

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

Unavoidable Delays: Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.

Note: Any delays or inaccuracies in reporting may result in ​.

A payment of ​ as a penalty for Short Controllable Delays is due to United in the above illustrative example. An additional ​ is due to United as a Long Controllable Delay penalty. If in the same month the actual ​ is scheduled for ​, the ​ monthly historical target would be adjusted lower by ​. This would make the new Historical Monthly Percentage target of ​. This lower threshold would result in an adjusted payment to United of ​ for Short Controllable Delays and ​ for Long Controllable Delays.

Force Majeure Delays and Landlord Delays shall delay the Rent Commencement Date on a day for day basis in the event that substantial completion of the Tenant Improvements is delayed despite Tenant’s reasonable efforts to adapt and compensate for such delays. In addition, no Force Majeure Delays or Landlord Delays shall be deemed to have occurred unless Tenant has provided written notice, in compliance with the Lease, to Landlord specifying that a delay shall be deemed to have occurred because of actions, inactions or circumstances specified in the notice in reasonable detail. If such actions, inactions or circumstances are not cured by Landlord within one (1) business day of receipt of such notice (“Count Date”), and if such actions, inactions or circumstances otherwise qualify as force Majeure Delay or Landlord Delay, then a Force Majeure Delay or Landlord Delay, as applicable, shall be deemed to have occurred commencing as of the Count Date.