shall be upon all of the terms and conditions of the Lease (other than the payment of Annual Fixed Rent) and shall be at Tenants sole risk, and Landlord shall not be responsible for any injury to persons or damage to property resulting from such early access by Tenant unless caused by the gross negligence or willful misconduct of Landlord.
(5) Prohibition on Access by Tenant Prior to Actual Substantial Completion. If, prior to the date that the Premises are in fact actually substantially complete, the Premises are deemed to be substantially complete pursuant to the provisions of this Section 1.1 (i.e. and the Commencement Date has therefore occurred), Tenant shall not (except with Landlords consent) be entitled to take possession of the Premises for the Permitted Use until the Premises are in fact actually substantially complete.
(C) Tenant Delay.
(1) A Tenant Delay shall be defined as the following:
(a) Tenants failure timely to respond to any request from Landlord, Landlords architect, Landlords contractor and/or Landlords Construction Representative or to timely provide all required Permit Documentation, if any, to Landlord within the applicable time periods set forth in this Work Agreement;
(b) Tenants failure to pay the Tenant Plan Excess Costs in accordance with Section 1.5 hereinbelow;
(c) Any delay due to items of work for which there is long lead time in obtaining the materials therefor or which are specially or specifically manufactured, produced or milled for the work in or to the Premises and require additional time for receipt or installation (Landlord represents that there are no long lead items included in the work described on Exhibit B-2);
(d) Any delay due to changes, alterations or additions required or made by Tenant with respect to items not shown on the Plans including, without limitation, Change Orders; or
(e) Any other delays caused by Tenant, Tenants contractors, architects, engineers, or anyone else engaged by Tenant in connection with the preparation of the Premises for Tenants occupancy, including, without limitation, utility companies and other entities furnishing communications, data processing or other service, equipment, or furniture.