delays agreed by the Parties in accordance with a Change Order pursuant to Article 10;

“Controllable Delays” – means a delay of a Scheduled Flight that is not an Uncontrollable Delay.

8Tenant's use of specialized or unusual improvements and/or delays in obtaining Permits due thereto;

OVERNIGHT DELAYS: Overnight billeting will be considered when the delay is more than four hours or a passenger convenience delay is declared. Passenger convenience delays will be declared only by the CO. For carrier controllable delays that extend beyond 24 hours, the carrier will provide commercial transportation when directed by the CO for mission essential passengers. When passenger care during delays requires overnight billeting, the contractor shall ensure each delayed, unaccompanied passenger is afforded the opportunity to have a separate room, except for those desiring to share a room. The following times indicate the longest acceptable elapsed time the contractor has to deliver the last passenger to billeting after overnight billeting determinations have been declared and the onsite Government representative has provided a complete list of passengers to receive billeting, and passengers receive their baggage (if applicable):

Per Diem Credit. If Landlord does not Deliver the Premises by no later than 270 days after the Target Commencement Date for reasons other than Force Majeure Delays or Tenant Delays, Tenant shall receive a Per Diem Credit (as defined below) against the Base Rent for the Initial Premises for each day after the date that is 270 days after the Target Commencement Date until the Lease Commencement Date. In all cases, the Target Commencement Date shall be subject to extension for Force Majeure Delays (not to exceed 1 year in the aggregate) or Tenant Delays on a day-for-day basis. For purposes of this Lease, “Per Diem Credit” means a per day credit in an amount equal to the product of the area of the Initial Premises (i.e., 92,957 rentable square feet) multiplied by $37.50, divided by 365.

CONTRACTOR RESPONSIBILITY DURING UNCONTROLLABLE DELAYS: Be responsible to provide care for the passengers during uncontrollable delays on a reimbursable basis when directed to do so by the CO. Care of passengers includes billeting and transportation to and from billeting area. Meals and personal expenses, i.e., telephone calls, television, internet access, electronic gaming, etc., shall not be provided.

Any matters specifically identified elsewhere in this Work Letter or in the Lease as Tenant Delays,

Design and Construction Meetings. Prior to and during commencement of the Landlord’s Work, Tenant’s Representative shall be invited to attend and observe the formal design and construction meetings Landlord has with Base Building Architect, TI Architect and the general contractor for the Landlord’s Work (including the Tenant Improvements), which meetings generally shall be held weekly. Tenant’s Representative shall also have the ability to participate in such design and construction meetings related to the Tenant Improvements (but shall have no approval rights or authority to require changes except as otherwise set forth in this Work Letter), and shall only have the right to attend and observe (as opposed to participate in) design and construction meetings for the portions of the Landlord’s Work that do not comprise the Tenant Improvements, unless Landlord approves, in its sole discretion, of Tenant’s participation in such meetings for the portions of the Landlord’s Work that do not comprise the Tenant Improvements. The parties will discuss at such meetings any updates to the project schedule and the occurrence of any delays, and, if there are any such delays, the reasons for such delays (whether Force Majeure delays, Tenant Delays, or otherwise).

a) ​ if there are delays, in a month, greater than 20 seconds, in the response time, from 1 to 100 times.

Delivery Date. Delivery shall be made by ​ (the “Delivery Date”) subject to any Permissible Delays permitted in accordance with Article 16.