"FORCE MAJEURE DELAY" SHALL MEAN ANY DELAY IN LANDLORD'S WORK OR
TENANT'S WORK TO THE EXTENT CAUSED BY OR ARISING OUT OF FORCE MAJEURE. DELAYS IN
TENANT'S ABILITY TO OBTAIN THE NECESSARY PERMITS AND LICENSES FOR THE TENANT
IMPROVEMENTS NOT ATTRIBUTABLE TO THE NEGLIGENCE OR WILLFUL FAILURE OF TENANT OR
ANY OF ITS AGENTS, EMPLOYEES OR CONTRACTORS, OR NEGLIGENCE OR WILLFUL FAILURE OF
LANDLORD OR ANY OF ITS AGENTS, EMPLOYEES OR CONTRACTORS, SHALL BE CONSIDERED A
FORCE MAJEURE DELAY AS LONG AS TENANT IS DILIGENTLY WORKING WITH THE APPLICABLE
GOVERNMENTAL AUTHORITY TO OBTAIN SUCH PERMITS AND LICENSES.
(E)
"INITIAL DELIVERY" SHALL MEAN THE DATE THAT LANDLORD FIRST GRANTS
TENANT CONTINUOUS ACCESS TO THE BUILDING FOR THE PURPOSE OF COMMENCING TENANT'S
WORK, SUBJECT TO TENANT'S SATISFACTION OF THE SAFETY AND INSURANCE REQUIREMENTS
SET FORTH HEREIN.
(F)
"LANDLORD DELAY" SHALL MEAN ANY DELAY IN PERFORMANCE OF
LANDLORD'S WORK TO THE EXTENT CAUSED BY OR ATTRIBUTABLE TO ANY CAUSE OTHER THAN
A TENANT DELAY OR A FORCE MAJEURE DELAY.
2
(G)
"LANDLORD'S FINISH WORK" SHALL MEAN THE BUILDING LOBBY
IMPROVEMENTS, BATHROOM IMPROVEMENTS AND ANY OTHER PORTIONS OF LANDLORD'S WORK
SET FORTH ON SCHEDULE C OR MUTUALLY AGREED UPON BY LANDLORD AND TENANT FOLLOWING
APPROVAL OF THE TENANT IMPROVEMENT PLANS AND SCHEDULE.
(H)
"LANDLORD IMPROVEMENTS" SHALL MEAN THE IMPROVEMENTS SET FORTH IN
THE LI PLANS.
(I)
"LANDLORD'S WORK" SHALL MEAN THE WORK OF CONSTRUCTING THE
LANDLORD IMPROVEMENTS IN SUBSTANTIAL CONFORMANCE TO THE LI PLANS (SUBJECT ONLY
TO MINOR VARIATIONS AND ANY OTHER CHANGES THAT ARE PERMITTED HEREUNDER).
(J)
"LI PLANS" SHALL MEAN THE PLANS ATTACHED HERETO AS SCHEDULE A.
(K)
"MINOR VARIATIONS" SHALL MEAN ANY MODIFICATIONS WHICH DO NOT
MATERIALLY AFFECT THE APPEARANCE OF THE BUILDING OR THE PREMISES AND WHICH ARE
REASONABLY REQUIRED:
(I) TO COMPLY WITH ALL APPLICABLE LEGAL REQUIREMENTS
AND/OR TO OBTAIN OR TO COMPLY WITH ANY BUILDING PERMIT REQUIRED FOR LANDLORD'S
WORK; (II) TO COMPLY WITH ANY REQUEST BY TENANT FOR MODIFICATIONS TO LANDLORD'S
WORK; (III) TO COMPORT WITH GOOD DESIGN, ENGINEERING, AND CONSTRUCTION PRACTICES
THAT ARE NOT MATERIAL; OR (IV) TO MAKE REASONABLE ADJUSTMENTS FOR FIELD
DEVIATIONS OR CONDITIONS ENCOUNTERED DURING THE CONSTRUCTION OF LANDLORD'S WORK.
(L)
"SUBSTANTIAL COMPLETION OF LANDLORD'S WORK" SHALL MEAN COMPLETION
OF LANDLORD'S WORK SUCH THAT: (I) THE BASE BUILDING SYSTEMS HAVE BEEN DELIVERED
TO TENANT IN GOOD WORKING ORDER; (II)
LANDLORD'S ARCHITECT HAS CERTIFIED THAT
THE LANDLORD IMPROVEMENTS ARE COMPLETED IN ACCORDANCE WITH THE LI PLANS (WITH
THE EXCEPTION OF FINAL COMPLETION OF THE LANDLORD' FINISH WORK), EXCEPT FOR
MINOR "PUNCH-LIST" ITEMS WHICH DO NOT MATERIALLY AFFECT TENANT'S ABILITY TO
INSTALL THE TENANT IMPROVEMENTS IN THE PREMISES; (III) TENANT HAS BEEN PROVIDED
WITH THE NUMBER OF PARKING SPACES TO WHICH IT IS ENTITLED UNDER THE LEASE,
SUBJECT TO ANY REDUCTION IN SPACES BY TENANT FOR CONSTRUCTION OR OTHER PURPOSES,
INCLUDING, WITHOUT LIMITATION, AS CONTEMPLATED PURSUANT TO SECTION 6 OF THE
LEASE; AND (IV) TENANT HAS BEEN TENDERED CONTINUOUS AND UNINTERRUPTED ACCESS TO
THE PROJECT AND THE PREMISES.
(M)
"TENANT DELAY" SHALL MEAN DELAYS