Determination of Landlord Caused Delay. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing (the “Delay Notice”) of the event which constitutes such Landlord Caused Delay. If such actions, inaction or circumstance described in the Delay Notice are not cured by Landlord within one (1) business day of Landlord’s receipt of the 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 Delay Notice and ending as of the date such delay ends. Notwithstanding the foregoing, an event shall constitute the basis for a Landlord Caused Delay only to the extent the effect of such Landlord Caused Delay cannot be mitigated in a reasonably practicable manner by Landlord on commercially reasonable terms (without requiring Landlord to incur any expense or overtime). For purposes of this Section 5, “Substantial Completion of the Tenant Improvements” shall mean completion of construction of the Tenant Improvements in the Expansion Space pursuant to the Approved Working Drawings, with the exception of any punch list items.

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.

"Landlord Delay" shall mean the number of calendar days of delay occurring after Substantial Completion of the Base Building Improvements which causes Tenant to be unable to complete the Tenant Improvements on or before the date that is six months after the Substantial Completion Date and which results from a delay occurring as the direct result of: (i) Landlord’s failure to approve any matter requiring Landlord’s approval in violation of the requirements of Section 3.2 or Section 3.4 [Exhibit B] pertaining to such approval or (ii) material and unreasonable interference by Landlord or of any of Landlord’s employees, contractors or agents with the construction of the Tenant Improvements. Notwithstanding the foregoing, no Landlord Delay shall occur unless Tenant notifies Landlord in writing within ten (10) Business Days after the event giving rise to such Landlord Delay occurs, specifying in detail the conduct giving rise to such Landlord Delay.

Determination of Delay. If Tenant contends that a Landlord Delay has occurred, Tenant shall notify Landlord in writing of the event which constitutes such Landlord Delay (“Delay Notice”). Tenant will additionally use reasonable efforts to mitigate the effects of any Landlord 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. If such actions, inaction or circumstance described

For purposes of determining Tenant Delay, the term Tenant shall include any Tenant Party. If the Landlord Work Substantial Completion Date is delayed by a Tenant Delay, then the Landlord Work Substantial Completion Date shall be deemed to have occurred on the date it would have occurred but for such Tenant Delay. Landlord shall notify Tenant in writing (it being agreed that email notice shall suffice, which notice shall be sent to Tim Mueller at [[Email]] until changed by Tenant upon notice to Landlord) of the occurrence of a Tenant Delay event within 3 business days after Landlord actually becomes aware of the occurrence of such Tenant Delay event, provided that if Landlord fails to so notify Tenant within 7 business days after Landlord actually becomes aware of the occurrence of such Tenant Delay event, then, except if Tenant otherwise has become aware of such Tenant Delay (in which case the ensuing language shall not apply), such Tenant Delay shall not be deemed to commence unless and until Tenant’s receipt of such notice at the time that such Tenant Delay is continuing.

Delay of the Substantial Completion of the Premises. If there are delays in the Substantial Completion of the Tenant Improvements as a direct, indirect, partial, or total result of a Tenant Delay (defined in Section 5.4 below), then, Landlord shall provide written notice to Tenant setting forth the Tenant Delay, and notwithstanding anything to the contrary set forth in the Lease or this Work Letter and regardless of the actual date of the Substantial Completion of the Tenant Improvements, the Substantial Completion of the Tenant Improvements shall be deemed to be the date the Substantial Completion of the Tenant Improvements would have occurred if no Tenant Delay had occurred.