Common use of Tenant Delay Clause in Contracts

Tenant Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.

Tenant Delay. Except Tenant shall use its best efforts to cooperate with Landlord, the Architect, the Contractor, and Landlord’s other consultants to complete all phases of the Plans, approve the Construction Pricing Proposal and obtain the Permits as otherwise provided soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal pursuant to Section 2.6.1 above on or before Tenant’s Pricing Approval Deadline, or any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Architectural Approval Deadline; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (d) any breach by Tenant of this Work Letter or this Lease; (e) any request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion of the Plans that has previously been approved by both parties (except to the extent that such delay results from a failure of Landlord to perform its obligations under Section 2.7 or 3.2.2 above, and except to the extent that (i) Tenant makes such request after approving the Construction Pricing Proposal and before approving the Architectural Drawings, and (ii) such request is reasonably designed solely to eliminate or reduce any increase in the Construction Pricing Proposal resulting from the preparation of the Architectural Drawings); (f) any requirement of Tenant for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Lease; (g) any change to the base, Delivery shell or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Lease, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall occur when Landlord’s be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been Substantially Completed, except as determined without giving effect to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timespreceding sentence.

Tenant Delay. Except as otherwise provided In the event Landlord shall be delayed in the Lease, Delivery of the Premises shall occur when completing Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by for any one or more of reason set forth in the following causes subparagraphs (a) through (h) (“Tenant Delay”):), then the Milestone Dates shall be adjusted as set forth in the Lease; but neither the Commencement Date nor the payment of Rent under the Lease shall be affected or deferred on account of such Tenant Delay: (ia) Tenant’s Representative was not available failure to give timely approve any of Landlord’s plans or receive any Communication Finishes or failure to take any other action timely provide information when required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlordhereby; (iib) Tenant’s failure to promptly and timely approve any cost estimates or designs within the time period prescribed herein (or within three (3) business days following written notice from Landlord if no timeframe stated herein), or Tenant’s failure to approve any subsequent revisions to same; (c) Tenant’s request for or use of unique materials, finishes or installations or construction procedures which are substantially different from that which is standard or customary for the Landlord’s Work or from that shown in any plans, which result in the Landlord’s Work taking longer to complete under standard construction procedures (e.g., without use of overtime or additional shifts and without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the execution of the Lease (i.e., as indicated by the Milestone Dates for each Milestone); (d) Tenant’s failure to pay for its share of any costs as and when payable by Tenant hereunder; (e) Tenant’s request for changes to in the Building Shell, whether or not such changes are actually performed; Landlord’s Work (iii) The construction notwithstanding Landlord’s approval of any changes such changes) which result in the Landlord’s Work taking longer to the Building Shell requested by Tenant complete under standard construction procedures (e.g., without use of overtime or additional shifts and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any without necessitating other measures to expedite long lead time items and identify substitutes items) than originally projected by Landlord at the execution of the Lease (i.e., as indicated by the Milestone Dates for such items as soon as reasonably possibleeach Milestone); (viif) TenantLandlord’s delay determination that base building modifications are necessary in reviewingorder to accommodate the Tenant Improvements which result in the Landlord’s Work taking longer to complete under standard construction procedures (e.g., revising without use of overtime or approving plans additional shifts and specifications beyond without necessitating other measures to expedite long lead time items) than originally projected by Landlord at the periods set forth hereinexecution of the Lease (i.e., as indicated by the Milestone Dates for each Milestone); (viiig) The entry by Tenant or Tenant’s delay contractors in providing any information or about the Premises or Project that is reasonably required to come from Tenant which is critical to actually disrupts and delays the normal progression completion of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to LandlordWork; or (xh) Any any other act act, omission or omission delay by Tenant Tenant, its agents or any Tenant Party (as defined in the Lease), contractors or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of delaying the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Shell Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesSite Improvements.

Tenant Delay. Except as otherwise provided in the Lease, Delivery If substantial completion of the Premises shall occur when Landlord’s Work has been Substantially CompletedTenant Improvements, except Warm Shell Improvements or Base Building is delayed due to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“collectively, "Tenant Delay”): Delays"), then the Delivery Date and/or Commencement Date, as applicable, shall be adjusted to reflect what the substantial completion date would have been if there had been no delay: (i) Tenant’s Representative was not available 's failure to give or receive timely submit any Communication or to take any other action items required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; this Work Letter, including, without limitation, Tenant's Plans; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; Tenant Modifications; (iii) The construction of any changes Tenant's failure to the Building Shell requested by Tenant and agreed upon by comply with Landlord; 's contractor's schedule; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether 's or not any such Change Requests are actually performed; Tenant's Contractor's failure to comply with Paragraph 8, (v) Construction of any Change Requests; Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant’s 's request for materials, finishes or installations requiring unusually long lead times which require longer than thirty (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); 30) days to complete; (vii) Tenant’s delay delays caused by Tenant in reviewing, revising construction of the Warm Shell Improvements or approving plans and specifications beyond the periods set forth herein; Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant’s 's failure to perform any obligation within a specific date or time period (including, without limitation, any delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression delivery of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Tenant's space plan or Working Drawings or non-compliance with Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease's contractor's schedule), or persons employed from schedule changes resulting from Tenant Modifications of which Tenant is advised by any of such persons that continues for Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed likely to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, foreseeable by Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the than by Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.

Tenant Delay. Except If the substantial completion of the Tenant Improvement Work is delayed (a “Tenant Delay”) as otherwise provided a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, Approved Construction Drawings (except to the extent that completion such delay results from any failure of Landlord’s Work shall have been actually delayed by any one or more of the following causes Landlord to comply with its obligations under Section 3.3.3 above); (“Tenant Delay”): (ie) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request requirement for materials, components, finishes or installations requiring unusually long lead times (provided Landlord will request improvements that are not available in a commercially reasonable time given the General Contractor inform anticipated date of substantial completion of the Tenant of any long lead time items and identify substitutes for such items Improvement Work as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; in this Agreement; (viiif) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical change to the normal progression base, shell or core of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of Premises or Building required by the Approved Construction Drawings; or (g) any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the contrary in this Agreement or this Expansion Work Letter, and regardless of when the Tenant Party (as defined in Improvement Work is actually substantially completed, the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof Tenant Improvement Work shall be deemed to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify be substantially completed on the date on which the Tenant Improvements Improvement Work would have been Substantially Completed but for substantially completed if no such Tenant Delay and such certified date shall be deemed had occurred. Notwithstanding the foregoing, if Landlord fails to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise notify Tenant of any materialsTenant Delay within 2 days after the date Landlord knew of such Tenant Delay, finishes or installations which are required as part Tenant shall not be responsible for any such Tenant Delay with respect to the period of any Change Request time commencing 3 days after the date when Landlord knew that will result in unusually long lead timessuch Tenant Delay existed and ending on the date that Landlord notified Tenant of such Tenant Delay.

Tenant Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (A “Tenant Delay”): ” shall mean any delay in the performance of the construction of the Tenant Improvements as a result of (i) Tenant’s Representative was not available failure to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; timely approve the Plans, (ii) Tenant’s any request for changes by Tenant that Landlord perform any work in addition to the Building ShellTenant Improvements which might reasonably cause a delay in Landlord’s construction schedule, whether or not such changes are actually performed; (iii) The any Change Order that will impact Landlord’s construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; schedule, (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant selection of any long lead time items and identify substitutes for such items as soon as reasonably possible); by Tenant which will cause a delay in completion of the Tenant Improvements, (viiv) the performance or failure of performance of any work by any person, firm or corporation employed or retained by Tenant, (vi) the failure of Tenant to perform any obligations required to be performed by Tenant to obtain a certificate of occupancy (e.g. the installation of Tenant’s delay in reviewingfurniture systems, revising wiring or approving plans and specifications beyond the periods set forth herein; cabling, etc.), or (viiivi) Tenant’s delay in providing any information that is reasonably required to come from other action by Tenant which is critical to the normal progression materially impairs or delays performance of the Project within a reasonable period of time after requestany work by Landlord. Tenant shall provide such information as soon as reasonably possiblenot cause or affect a Tenant Delay or do anything else, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s or fail to do anything else, that may cause a delay in making payments the completion of the construction of the Tenant Improvements or that will increase the costs of such construction, except as allowed under §10(b) above. In the event Tenant fails to cooperate or comply with this section and such failure results in a delay of completion of the construction of the Tenant Improvements by Landlord (in Landlord’s reasonable judgment), Tenant shall be responsible to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons all Rent that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed due from Tenant under this lease but for such Tenant Delay Delay. Landlord and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs Tenant acknowledge and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the agree that Landlord’s Work Substantially Complete. Upon requestdamages as a result of a Tenant Delay is difficult to ascertain, Landlord shall advise Tenant that such per diem amounts are a reasonable pre-estimate of any materials, finishes or installations which are required Landlord’s probable loss as part of any Change Request a result thereof and that will result in unusually long lead timessuch damages constitute reasonable liquidated damages for Landlord’s loss and not a penalty.

Tenant Delay. Except as otherwise provided As used herein and in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (term “Tenant Delay”): ” shall mean an actual delay, despite Landlord’s reasonable efforts but without any additional cost or expense to Landlord to avoid or mitigate delay, to (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements initial Premises is or would have been Substantially Completed but for such delivered to Tenant in Tenant Improvement Work Readiness Condition, and/or (ii) the date that Shell Substantial Completion occurs or would have occurred, in any case resulting from any material disruption to or interference with the design and/or construction of the Building Shell caused by Tenant’s employees, agents, contractors or Tenant’s Representatives that is not cured within one (1) business day after Tenant’s receipt of written notice thereof from Landlord. Tenant Delay shall also include: (i) (A) delays arising from TI Changes or Changes requested by Tenant including, without limitation to, the Building Shell, and/or (B) Tenant’s failure to provide Landlord promptly after Landlord’s request therefor with any information reasonably required from Tenant for the normal progression of Landlord’s design, permitting and such certified date construction of the Building Shell; provided, however, with regard to (A) and (B), Tenant shall be deemed entitled to notice (which may be the Commencement Date for purposes of by email to Tenant’s obligation Representative) that Tenant is doing, or failing to pay Base Rentdo, Operating Expensessomething that is causing Tenant Delay, Excess TI Costs and TI Rent; however, shall have at least one (1) business day after Tenant’s receipt of said notice to cure by taking appropriate corrective action before Tenant will not shall have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to committed Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except as otherwise provided in the Lease, Delivery (a) The period for performance of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Finish Work shall have been actually delayed be extended by the number of days of actual construction delay in achieving substantial completion resulting from any one or more of the following causes (“Tenant Delay”):, meaning any delay in the design or construction of the Finish Work resulting from: (i) Tenant’s Representative was not available failure to give comply with any of the delivery dates or receive any Communication or comment dates contained in the Lease relative to take any other action required to be taken by Tenant hereunder within a reasonable period the design, planning, selection of time (not to exceed 2 business days) after written request from Landlordfinishes and pricing for the Finish Work; (ii) Tenant’s failure to provide response to requests for information, approvals or disapprovals regarding the Finish Work within five (5) business days after request for changes to the Building Shell, whether by Landlord or not such changes are actually performedits contractors; (iii) The Tenant’s requests for Change Orders, any Change Order causing a delay(unless in either case (x) Tenant agrees in writing that such work constitutes an “Agreed Tenant Delay”, and (y) Landlord and Tenant agree in writing to the amount of such Agreed Tenant Delay in writing prior to the approval of the applicable Change Order, provided that in no event shall Landlord have any obligation to agree to Agreed Tenant Delays in excess of ten (10) days in the aggregate), or for the inclusion of materials or installations in the construction of any changes to the Building Shell requested by Tenant and agreed upon by LandlordFinish Work other than building standard items or items with delivery requirements that may have the effect of delaying the Substantial Completion of the Finish Work beyond the Target Delivery Date; (iv) Tenant’s request for Change Requests any acts, omissions, non-payment, defaults or misconduct of Tenant (as defined in Section 4(aor its agents, employees, design professionals, contractors, licensees or invitees) below) whether or not any such Change Requests are actually performedwith respect to the construction of the Finish Work; (v) Construction of any Change Requestsrequest by Tenant that Landlord delay the commencement of, or suspend the performance of, any Finish Work; (vi) Tenantfailure of Tenant to complete the installation of the FF&E in accordance with Landlord’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible);Construction Schedule; or (vii) Tenantany interference with Landlord’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression construction of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission Finish Work caused by Tenant or any Tenant Party (as defined in the Lease)its contractors, subcontractors or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timessuppliers.

Tenant Delay. Except as otherwise provided in this Section 5.4, the Lease, Delivery of the Premises Lease Commencement Date shall occur when Landlord’s Work has been Substantially Completedas set forth in the Lease and Section 5.1, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more above. If, as a result of the following causes (“Tenant Delay”): (ia) Tenant’s Representative failure to comply with the time deadlines expressly set forth in this Work Letter, (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval (provided, however, that if Tenant’s failure to timely approve any such matter based upon Tenant’s disapproval of such matter as a consequence of Tenant’s determination that the items submitted to Tenant was deficient [for example, if the proposed Construction Documents did not reflect a logical extension of the approved Schematics] such failure will not be deemed Tenant Delay), (c) A breach by Tenant of the terms of this Work Letter or the Lease, (d) Subject to the terms of Section 2.7(c), Changes, (e) Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvements, as set forth in the Progress Schedule, (f) Changes to give the Landlord’s Work required by the TI Construction Documents, other than changes to the Landlord’s Work relating to compliance with applicable laws obligations that are solely Landlord’s responsibility, pursuant to the express terms of this Work Letter, (g) Any other acts or receive omissions of Tenant, or its agents, or employees which actually delays the Substantial Completion of the Tenant Improvements, (h) Landlord requests Tenant’s approval for any Communication matter specified in this Work Letter (including, without limitation, approval of: design professionals or Base Building Design-Build Contractors pursuant to take any other action required Section 2.2(a); Tenant Improvement Design-Build Contractors pursuant to be taken by Section 2.2(b); the SD Total Development Cost Estimate pursuant to Section 2.5(a); the SD TI Cost Proposal pursuant to Section 2.5(b); the CD Total Development Cost Estimate pursuant to Section 2.6(a); the CD TI Cost Proposal pursuant to Section 2.6(b); the Schematics pursuant to Section 2.7(a); the Construction Document Packages pursuant to Section 2.7(b); the Landscape Plan pursuant to Section 2.8(c); and the Contractors pursuant to Section 3.2) and: (i) Tenant hereunder within does approve such matter or respond with a reasonable basis for disapproval within the applicable time period of time (not to exceed 2 business days) after written request from Landlord;set forth in this Work Letter or 35654\12546889.9 B-16 06907\011\8511619.v2 06907\011\8493037.v6 (ii) if Tenant has timely responded to such request with a reasonable basis for disapproval, then, if Landlord submits a Subsequent Request that addresses Tenant’s original reasonable basis for disapproval, Tenant does not approve such second (2nd) request for changes to the Building Shell, whether or not such changes are actually performed; within five (iii5) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required Subsequent Request; (i) If Landlord reasonably disapproves the Final Space Plan pursuant to be paid Section 2.3 or the Programming Information pursuant to Section 2.4 and Tenant fails to provide a revised Final Space Plan or updated Programming Information, as applicable, which addresses Landlord’s reasonable basis(es) for disapproval within five (5) business days following Tenant’s receipt of Landlord’s disapproval; or (xj) Any other act matter identified in this Work Letter as a “Tenant Delay,” Substantial Completion of the Tenant Improvements or omission by Tenant or the occurrence of any Tenant Party (of the other conditions precedent to the Lease Commencement Date, as defined set forth in the Lease), is actually delayed, then, notwithstanding anything to the contrary set forth in the Lease or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any this Work Letter and regardless of the foregoing reasonsactual date of the Substantial Completion of the Tenant Improvements, then Landlord shall cause the TI Architect to certify the date on which of the Substantial Completion of the Premises shall, for the purposes of determining the Lease Commencement Date and the Rent Commencement Date, be deemed to be the date that Substantial Completion of the Tenant Improvements would have been Substantially Completed but for occurred if no Tenant Delay or Delays, as set forth above, had occurred. However, except with respect to Tenant Delay described in Section 5.2(a) above, no such Tenant Delay and such certified date shall be deemed to have occurred unless and until Landlord has delivered notice of the event or circumstance which Landlord determines is a Tenant Delay (such notice may be the Commencement Date for purposes of delivered via electronic mail to Tenant’s obligation representative in accordance with this Work Letter) and Tenant has failed to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease cure such event or circumstance within two (and will not occupy the Premises2) until business days following the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part delivery of any Change Request that will result in unusually long lead timessuch notice.

Tenant Delay. Except as otherwise provided A “Tenant Delay” shall mean any actual delay in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that substantial completion of Landlord’s Replacement Premises Work shall have been actually delayed by any one or more of the following causes resulting from: (“Tenant Delay”): (i1) Tenant’s Representative was not available failure to give comply with any of the delivery dates or receive any Communication or approval dates relative to take any other action required to be taken by Tenant hereunder within a reasonable period the design, planning, pricing, and selection of time finishes for Landlord’s Replacement Premises Work, (not to exceed 2 business days) after written request from Landlord; (ii2) Tenant’s request failure to provide responses to requests for changes to information, approvals or disapprovals regarding Landlord’s Replacement Premises Work within the Building Shelltime periods established herein or any construction schedule provided by Landlord (or if not so stated, whether or not such changes are actually performed; then within two (iii2) The construction of any changes to the Building Shell Business Days after requested by Tenant and agreed upon by Landlord; ), (iv3) Tenant’s request requests for Change Requests Extra Work (as defined in Section 4(a) below) whether or even if Tenant elects not any such Change Requests are actually performed; to proceed with the Extra Work requested), (v) Construction of any Change Requests; (vi4) Tenant’s request for materialsfailure to pay any amounts when due hereunder, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of 5) any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) delay resulting from Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical early access to the normal progression of Replacement Premises, or work being performed by Tenant in the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possibleReplacement Premises, but in no event longer than one week after receipt of while Landlord is performing Landlord’s Replacement Premises Work, or (6) any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission failure to act by Tenant Tenant, Tenant’s employees, agents, architects, engineers, contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant. Notwithstanding anything contained herein or elsewhere in this First Amendment to the contrary, if there is any Tenant Party (as defined increase in the Lease), or persons employed by any cost of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery Replacement Premises Work as a result of a Tenant Delay or if Landlord is delayed for any in substantial completion of the foregoing reasonsLandlord’s Replacement Premises Work as a result of a Tenant Delay, then Landlord (a) Tenant shall cause be responsible for the TI Architect to certify increase in the date on which cost of Landlord’s Replacement Premises Work, and (b) the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date Replacement Premises Commencement Date shall be deemed to be the Commencement Date date on which Landlord’s Replacement Premises Work would have been Substantially Complete but for purposes of the Tenant Delay as determined by Landlord. Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation failure to pay any amounts to third parties pursuant to the Lease sums due hereunder within ten (and will not occupy the Premises10) until the date upon which the Premises is Delivered to Tenant with the days after receipt of Landlord’s Work Substantially Complete. Upon request, Landlord written demand therefor shall advise Tenant be an Event of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDefault hereunder.

Tenant Delay. Except as otherwise provided Tenant Delay" means any delay which Landlord may encounter in the Lease, Delivery performance of the Premises shall occur when Landlord’s Work has been Substantially Completed, except 's obligations under this Lease if and to the extent that completion of Landlord’s Work shall have been actually delayed caused by any one act or more (where Tenant has an affirmative obligation to act pursuant to the terms of the following causes (“this Lease) omission of Tenant, its agents or contractors, including, without limitation, delays by Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action in submission of information required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes submitted pursuant to the Building Shellterms of this Lease, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether giving authorizations or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are approvals required to be paid given pursuant to the terms of this Lease; provided, that no such delay shall constitute a Tenant Delay if Landlord; or (x) Any other act , using reasonable prudence and diligence, but without additional expense, could avoid such delay, and no such delay shall constitute a Tenant Delay to the extent it occurs after Landlord has actual knowledge or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any should reasonably have knowledge of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any delay and before Landlord notifies Tenant of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and (it being understood that in all events such certified date delay shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, constitute a Tenant will not have any obligation to pay any amounts to third parties pursuant Delay to the Lease (and will not occupy extent it occurs after Landlord notifies Tenant of such Tenant Delay). If Landlord notifies Tenant of the Premises) until the date occurrence of any Tenant Delay, upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon Tenant's request, Landlord shall advise notify Tenant of Landlord's estimate of the duration of such Tenant Delay. Tenant shall pay to Landlord any materials, finishes reasonable costs or installations which are required as part expenses if and to the extent incurred by Landlord by reason of any Change Request that will result Tenant Delay. Any dispute as to the existence, duration or cost of any Tenant Delay shall be determined by arbitration in unusually long lead timesaccordance with Section 8.09.

Tenant Delay. Except The term “Tenant Delay” as otherwise provided used in the Lease, Delivery of Lease or this Agreement shall mean any delay that Landlord may encounter in the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion performance of Landlord’s Work shall have been actually delayed obligations under the Lease or this Agreement because of any act or omission of any nature by Tenant or its agents or contractors, including without limitation any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available delay attributable to give changes in or receive any Communication additions to the Final Plans or to take any other action required to be taken the Tenant Improvements requested by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; Tenant, (ii) Tenant’s request for changes delay attributable to the Building Shellpostponement of any Tenant Improvements at the request of Tenant, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested delay by Tenant in the submission of the Space Plan and agreed upon Working Drawings and Final Plans beyond the time periods permitted by Landlord; this Agreement or the giving of authorizations or approvals within the time limits set forth in this Agreement and (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical attributable to the normal progression failure of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possibleto pay, but in no event longer than one week after receipt of when due, any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are amounts required to be paid to Landlord; or (x) Any other act or omission by Tenant or pursuant to this Agreement. Tenant shall pay all actual costs and expenses incurred by Landlord which result from any Tenant Party (as defined Delay, including, without limitation, any actual costs and expenses attributable to increases in the Lease), cost of labor or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenantmaterials. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such No Tenant Delay and such certified date shall be deemed to be have occurred unless and until Landlord has given written notice to Tenant specifying the Commencement Date for purposes of action or inaction which Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within one (1 ) business day after Tenant’s obligation receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until occurred commencing as of the date upon which Tenant received such notice and continuing for the number of days the Substantial Completion of the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant was in fact delayed as a result of any materials, finishes such action or installations which are required as part of any Change Request that will result in unusually long lead timesinaction.

Tenant Delay. Except as otherwise provided As used in this Lease, “Tenant Delay” shall mean, in addition to any Tenant Delay specifically described elsewhere in this Lease, any delay Landlord encounters in the Lease, Delivery performance of the Premises shall occur when Landlord’s Work has been Substantially Completedobligations under this Lease arising from or related to any act or omission of Tenant or its agents, except employees, or contractors, including, without limitation, any actual delay to the extent that completion of Landlordattributable to: (a) any Changes, including any delays arising from or related to such Changes, whether or not within Tenant’s Work shall have been actually delayed reasonable control; (b) any material interference by any one or more Tenant with the construction of the following causes Building Shell Improvements; (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (iic) Tenant’s request for changes long-lead items; (d) any material delays by Tenant in providing Landlord with information requested by Landlord, or in providing consents or approvals required to be given by Tenant, or in completing submittals or obtaining permits within the time periods agreed to by Landlord and Tenant or as reasonably required by Landlord, including any delays in providing Landlord with the final Modified Building Shell Plans; and (e) the Building ShellModifications, whether or not such changes are actually performed; within Tenant’s reasonable control (iii) The including, but not limited to, delays in obtaining required utility services because of delays associated with the construction of any changes to additional electrical substation capacity required for the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request Modifications or otherwise, or delays in obtaining governmental approvals for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression construction of the Project within Building Modifications); provided however, no such delay shall constitute a reasonable period of time after request. Tenant Delay unless Landlord shall provide such information as soon as reasonably possible, but have notified Tenant in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any writing of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such occurrence of a Tenant Delay and such certified the reasons therefore within three (3) business days following the date shall be deemed Landlord becomes aware or should have become aware of the occurrence of the event or circumstance giving rise to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant delay. Landlord confirms that the Building Modifications will not have create any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more Any of the following causes (shall be a “Tenant Delay”):” if Substantial Completion is delayed in whole or in part, as a result thereof: (i) The Tenant’s Representative was not available failure to give or receive any Communication or to take any other action furnish full and complete the Tenant’s 90% Plans and Specifications and/or the Tenants Plans and Specifications as and when required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlordhereby; (ii) The Tenant’s request for changes failure to approve the Building Shell, whether cost of the Tenant Improvements or not such changes are actually performedrevisions thereto within the times as set forth herein; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long which require a long-lead times (time, provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); Landlord has furnished the Tenant, within fifteen (vii15) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time Business Days after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon requestreceipt of the Tenant’s Plans and Specifications for approval, Landlord shall advise Tenant a written listing of any proposed materials, finishes, or installations which will require said long-lead time and which are not thereafter within five (5) Business Days promptly substituted by the Tenant for short-lead time materials, finishes or installations which are required [any such delay beyond such five (5) Business Days by the Tenant in making a substitution shall be a Tenant Delay hereunder]; (iv) The Tenant’s failure to pay for any portion of the Tenant Improvements (including without limitation, any Tenant Change Order) as part and when payable by the Tenant hereunder; or (v) Any Change Order Delay (as hereinafter defined) pursuant to a change order requested by Tenant and approved in writing by the Landlord and the Tenant. (vi) Any period of time during any Change Request that will result in unusually long lead timesrebid of the Initial Premises Work as requested by the Tenant (not to exceed ten (10) Business Days).

Tenant Delay. Except Landlord shall endeavor (but shall not be obligated) to tender possession of each Phase of the Project on or before the applicable Scheduled Commencement Date. If the Phase I Work or the Phase II Work, as otherwise applicable, as required pursuant to the terms of this Work Letter, is not Substantially Complete on or before the applicable Scheduled Commencement Date for any reason whatsoever, then, except as provided in the Lease, Delivery the Lease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the applicable Commencement Date shall not occur until Substantial Completion of the Premises shall occur when Landlord’s Phase I Work has been Substantially Completedor the Phase II Work, except to as applicable, occurs; provided, however, if the extent that completion satisfaction of Landlord’s the requirements for Substantial Completion of the Phase I Work shall or the Phase II Work, as applicable, have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests Delay (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials), finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewingthen, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical subject to the normal progression terms hereof, Substantial Completion of the Project within a reasonable period of time after request. Tenant shall provide such information Phase I Work or the Phase II Work, as soon as reasonably possibleapplicable, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be occur when (as reasonably determined and substantiated by Landlord) Substantial Completion of the Commencement Date for purposes Phase I Work or the Phase II Work, as applicable, would have occurred if such Tenant Delay had not occurred. “Tenant Delay” shall mean: (1) delays or failure of Tenant to deliver items in accordance with this Work Letter; (2) Tenant’s obligation failure to pay timely fulfill its obligations as set forth in this Work Letter within the time periods set forth therein; (3) delays caused by Base RentBuilding Tenant Change Order Requests or TI Tenant Change Order Requests; (4) unavailability of materials, Operating Expensescomponents or finishes for the Tenant Improvements that have an unusually long lead-time for delivery (unless Landlord, Excess the TI Costs and TI RentContractor or any subcontractors or suppliers fail to timely order such items); however(5) a willful or negligent act or omission of Tenant or Tenant’s consultants, vendors, contractors, subcontractors, or agents that interferes with the progress of the work; or (6) any other event or circumstance expressly described as a Tenant will Delay in this Work Letter. Landlord shall not have assess any obligation to pay day towards a Xxxxxx Xxxxx for delays caused by Landlord, any amounts to architect, engineering consultant, design team, general contractor, subcontractor or vendor selected by Landlord or any third parties pursuant or due to Force Majeure. Notwithstanding anything above to the Lease contrary, (and will not occupy the Premisesi) until no delay shall be considered a Tenant Delay unless Landlord provides Tenant written notice of such Tenant Delay within ten (10) days of the date upon which that Landlord becomes aware of the Premises occurrence of a Tenant Delay, and Tenant fails to cure such delay within three (3) days; provided that no such notice and cure period shall be required if such delay is Delivered with respect to Tenant interference with the Landlord’s Work Substantially Complete. Upon request, construction activities and Landlord shall advise has previously notified Tenant of similar Tenant Delays, and (ii) no delay shall be considered a Tenant Delay in the event Substantial Completion of the Phase I Work or the Phase II Work, as applicable, occurs on or before the applicable Scheduled Commencement Date. Landlord and its contractors shall take commercially reasonable actions, remedial or otherwise, to complete the Phase I Work and the Phase II Work by the applicable Scheduled Commencement Dates notwithstanding any materialsTenant Delay. All additional cost and expense payable by Landlord, finishes if any, to complete the Phase I Work or installations the Phase II Work due to Tenant Delay (“Tenant Delay Costs”), shall be paid by Tenant within thirty (30) days following Xxxxxx’s receipt of an invoice therefor, which are required as part of any Change Request that will result in unusually long lead timesinvoice shall include reasonable back-up documentation with respect to such Tenant Delay Costs.

Tenant Delay. Except If Landlord shall be delayed in Substantially Completing Landlord's Work as otherwise provided in the Leasea result of any act, Delivery neglect, failure, or admission of Tenant, its agents, servants, employees, contractors, subcontractors, or Tenant's Consultants, including without limitation, any of the Premises following, such delay shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“be deemed a "Tenant Delay”):": (i) 1. Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s 's request for materials, finishes or installations requiring unusually long lead times (provided which are not readily available at the time Landlord is ready to install the same; 2. Tenant's failure or delay in furnishing the Constructable or the Final Plans pursuant to the Plan Schedule or Landlord's and Tenant's agreement that regardless of whether Constructable Plans have been timely furnished, additional time will request that the General Contractor inform Tenant be required to Substantially Complete Landlord's Work due to a change of any long lead time items and identify substitutes for such items as soon as reasonably possiblescope pursuant to Section 3.3(a); (vii) 3. Tenant’s delay 's changes or revisions in reviewing, revising the Constructable or approving plans and specifications beyond the periods set forth hereinFinal Plans; (viii) 4. Tenant’s delay in providing 's failure to timely pay any information that is reasonably required to come from Tenant which is critical to the normal progression portion of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs 's Contribution (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required ); 5. Any act by Tenant which interferes with or delays construction of the Improvements including Tenant's entry of the Premises to be paid to Landlord; orinstall any Tenant equipment, fixtures or finishes; (x) 6. Any other act or omission by Tenant or its agents which delays formulation of the Constructable Plans or delays or interferes with Landlord's Work. It is the intent of Landlord and Tenant that the commencement of Tenant's obligation to pay Rent under this Lease shall not be delayed to the extent the Substantial Completion Date is delayed by any Tenant Party (Delays and, if any Tenant Delays occur, Tenant's obligation to pay Rent under this Lease shall commence as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasonsdate it would otherwise have commenced absent delay caused by Tenant provided that within thirty (30) days of the occurrence of any Tenant Delay, then Landlord shall cause notify Tenant in writing of the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for fact that such Tenant Delay has occurred and the known or anticipated extent of any such certified date delay. With respect to subparagraphs 1 and 3 above, Landlord shall be deemed notify Tenant of the extent of Tenant Delay as soon as Landlord is able to be ascertain the specific number of days. Landlord shall also use reasonable efforts to notify Tenant of any future Tenant delays that Landlord anticipates. If Substantial Completion does not occur on August 15, 1996, as a result of Force Majeure or other occurrences not constituting a Tenant Delay, then except as adjusted above with respect to delays caused by any Tenant Delays, the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date shall occur upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesSubstantial Completion.

Tenant Delay. Except as otherwise provided in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more Each of the following causes (“Tenant Delay”):shall constitute a "TENANT DELAY": (i) Tenant’s 's Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of the time (not to exceed 2 business days) after written request from Landlordframes provided herein; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s 's request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (viii) Construction of any Change RequestsTenant Changes; (viiv) Tenant’s 's request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible)times; (viiv) Tenant’s 's delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viiivi) Tenant’s 's delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after requestProject. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord, unless another time period is expressly provided hereunder; (ixvii) Tenant’s 's delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d5(c) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord); or (xviii) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Party, or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenantpersons. If Delivery the Commencement Date is actually delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to under the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesLease.

Tenant Delay. Except as otherwise provided As used in this Lease, “Tenant Delay” shall mean any actual delay that Landlord encounters in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion performance of Landlord’s obligations under this Work shall have been actually delayed Agreement or the Lease to construct the Landlord Work because of any act or omission of any nature by Tenant, any one employees or more agents of Tenant’s, including, but not limited to, delay by Tenant in the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give submission of information or receive any Communication the giving of authorizations or to take approvals or the performance of any other action required to be taken by obligations of Tenant hereunder within a reasonable period of the express time (not to exceed 2 business days) after written request frames set forth in this Work Agreement and delays resulting from Landlord; (ii) Tenant’s request for changes to in the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell Landlord Work requested by Tenant and agreed upon in writing or actually required by Landlord; (iv) Tenant’s request for Change Requests Plans (including delays resulting from investigation of the estimated cost or delay associated with a proposed change order ); provided, as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction a condition to the assertion of any Change Requests; Tenant Delay, Landlord must notify Tenant within five (vi5) Business Days after it becomes aware of any alleged Tenant Delay, which notice will contain a description of the Tenant Delay, as well as the expected duration of the Tenant Delay. If such action, inaction or circumstance described in the notice is not cured by Tenant within two (2) Business Days after Tenant’s request for materialsreceipt of such notice and if such action, finishes inaction or installations requiring unusually long lead times (provided Landlord will request that circumstance otherwise qualifies as a Tenant Delay, then the General Contractor inform Tenant of any long lead time items and identify substitutes for such items Delay shall be conclusively deemed to have occurred commencing as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation receipt of the Notice and ending as of the date such delay ends. Landlord’s failure to pay Base Rentso notify Tenant shall not be deemed a waiver of Landlord’s rights hereunder, Operating Expenses, Excess TI Costs and TI Rent; however, in such case, the burden of proof shall be on Landlord to establish any such Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except Notwithstanding the foregoing provisions of this Exhibit B-3, to the extent Landlord is actually delayed in achieving the End of the Construction Period or the Rent Commencement Condition as otherwise provided a direct result of: (i) Tenant's failure to comply with any of the deadlines specified in this Exhibit B-3 or elsewhere in the Lease with respect to Landlord's construction of the Base Building Work and/or any Landlord Constructed Tenant Improvement Work, (ii) Tenant's failure to pay when due any amount required pursuant to this Exhibit B-3, (iii) Tenant’s or the Leasehold Contractor’s (or its subcontractors’) unreasonable interference with, or failure to cooperate [as required in Section 3(d), below)] with, Landlord and the contractors undertaking any Base Building Work and/or any Landlord Constructed Tenant Improvement Work, (iv) any other event expressly deemed to be a “Tenant Delay” pursuant to the terms of the Lease, Delivery or (v) any interruption or delay in Landlord’s construction of the Premises Base Building Work and/or any Landlord Constructed Tenant Improvement Work directly caused by the failure of the Tenant Improvement Work to comply with applicable law, then, the End of the Construction Period or the Rent Commencement Condition, as applicable shall occur when be deemed to have been achieved on the date such condition would have been achieved had such delay or delays not occurred (each of which is referred to herein as a "Tenant Delay"). Landlord shall notify Tenant’s Authorized Representative (in writing which writing shall include an identification of the cause of such delay with reasonable specificity) promptly upon Landlord’s Work has been Substantially Completedbecoming aware of the existence of any such delay and, except notwithstanding the preceding sentence, if Landlord fails to so notify Tenant’s Authorized Representative (in writing) as soon as reasonably practicable after becoming aware thereof, then, to the extent that completion timely notice would have mitigated the effects of Landlord’s Work such delay, any period prior to such notice shall have been actually delayed by any one or more of the following causes (“not constitute Tenant Delay”): ; provided, however, that no notice shall be required with respect to any Tenant Delay caused by clause (i) above (i.e., Tenant's failure to timely comply with deadlines). Within two (2) Business Days after Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; therefor, Landlord shall notify Tenant in writing whether or not Landlord is aware of any Tenant Delay or is aware of any event which might reasonably lead to any Tenant Delay. Landlord agrees to use good faith reasonable efforts to counter the effect of any Tenant Delay; however, Landlord shall not be obligated to expend any additional amounts in such efforts (iie.g., by employing overtime labor) Tenant’s request for changes unless Tenant agrees in advance to the Building Shell, bear any incremental cost associated with such efforts (whether or not such changes efforts are ultimately successful). For purposes of this Section 3(a), the terms “actually performed; (iii) The construction delayed” and “actual delay(s)” shall mean delay in the completion of any changes the work necessary to achieve the Building Shell requested by Tenant and End of the Construction Period or the Rent Commencement Condition, as applicable, that would not have occurred but for the applicable event, it being expressly agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant incurrence of any long lead time items and identify substitutes overtime labor costs shall not be a prerequisite for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any existence of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesdelay.

Tenant Delay. Except as otherwise provided If (A) a delay shall occur in the Lease, Delivery ------------ completion of the Premises shall occur when Landlord’s Landlord Work has been Substantially Completed, except to as the extent that completion result of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“herein referred to as a "Tenant Delay”):") (i) Tenant’s Representative was not available any direction by Tenant that Landlord hold ------------ up proceeding with a segment of Landlord Work preliminary to give a possible change therein by Tenant or receive any Communication or to take for any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; reason, (ii) Tenant’s request for changes a failure by Tenant to the Building Shellexecute this Lease on or before May 15, whether or not such changes are actually performed; 2000; (iii) The construction of any changes to the Building Shell requested a failure by Tenant to approve the plans and agreed upon by Landlord; specifications for the Landlord Work on or before May 31, 2000, (iv) any change by Tenant in any plan, specification or finish information to be furnished by Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; , if any, (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of delay caused by any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission of Tenant, its agents, employees or contractors, (vi) the fact that a change requested by Tenant to Landlord Work requires lead time to obtain or any Tenant Party construction time to perform, in excess of that required for Landlord's standard work with reasonable diligence in obtaining and performing the same on the part of Landlord (as defined in the Lease"Long Lead Items"), or persons employed (vii) if work is to be done by any Tenant, its --------------- employees or contractors, which under good construction scheduling practice should be completed before some portion of such persons that continues for more than 1 business day after Landlord Work is done, and Landlord’s notice thereof to Tenant. If Delivery 's Work is delayed for any of the foregoing reasonsnot completed on schedule, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be (B) the Commencement Date shall (even though no Certificate of Occupancy has been issued or Landlord Work has not been substantially completed) be deemed, but only for purposes the purpose of Tenant’s obligation determining the commencement of fixed annual rent and additional rent, to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to be one day earlier than provided for in Article 2 of the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Completefor each day of such delay. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.PLANS AND SPECIFICATIONS [FLOOR PLAN APPEARS HERE] EXHIBIT E HVAC SPECIFICATIONS

Tenant Delay. Except as otherwise provided For the purpose of this Lease, "Tenant Delay" means delay in the Lease, Delivery substantial completion ofthe Building(s) or the work to be performed by or on behalf of Landlord (including without limitation the completion of the Premises shall occur when Landlord’s Work has been Substantially CompletedBuilding 1 Tenant Improvements or the Building 2 Tenant Improvements) that occurs solely (a) because Tenant fails to meet any of the deadlines set forth in Exhibit D or Exhibit J (such as, except but not limited to, the deadline for delivery of Space Plans or Working Drawings (whether preliminary, interim revisions or fInal), (b) because of any change by Tenant to the extent Space Plans or Working Drawings after that completion of Landlord’s Work shall date which is ten (10) days prior to the date bid packages have been actually delayed delivered to prospective contractors pursuant to Exhibit D or Exhibit J (including without limitation change orders), (c) any rejection in the approval of plans and specifIcations prepared by or on behalf of Tenant by any one governmental entity due solely to the fact that such plans do not comply with law, (d) Tenant's request or more inclusion in the applicable plans for improvements that are not customary for a typical office user that combines office, data center and computer laboratory uses, and/or (e) because of the following causes (“any specification or requirement by Tenant Delay”): of "long-lead" materials or equipment; provided, however, in such case (i) Landlord shall reasonably notify Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period , in detail, of time (not to exceed 2 business days) after written request from Landlord; such "long-lead" item, (ii) Tenant’s request Tenant shall have five (5) business days to elect to (A) omit such "long-lead" items, (B) substitute such items for changes to the Building Shellanother item(s) that do not constitute a "long-lead" item, whether or not (C) retain such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times "long-lead" item (provided Landlord that if Tenant fails to timely specify whether it will request that the General Contractor inform retain such "long-lead" item, Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall will be deemed to be have elected to retain the Commencement Date for purposes of Tenant’s obligation same). Only ifTenant elects (or is deemed to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, have elected) (C) shall the delay arising from such "long-lead" item constitute Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except 4.1 If Landlord shall be delayed in Substantially Completing Landlord’s Expansion Premises Work as otherwise provided in the Leasea result of any act, Delivery neglect, failure or omission of Tenant, its agents, servants, employees, contractors or sub-contractors, including, without limitation, any of the Premises following, such delay shall occur when Landlord’s Work has been Substantially Completed, except be a Tenant Delay to the extent that completion such delay actually results in a delay in the Substantial Completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”):Expansion Premises Work: (ia) Tenant’s Representative was not available delay in supplying or failure to give or receive any Communication supply information or to take any other action required approve plans, drawings and specifications in accordance with and at the times referred to be taken by Tenant hereunder within a reasonable period of time (not to exceed herein, including Sections 2 business days) after written request from Landlord;hereof; or (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vib) Tenant’s request for materials, finishes or installations requiring unusually which are not readily available at the time Landlord is ready to install same (e.g., long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possibleitems); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (xc) Any other act Tenant’s changes in drawings, plans or omission specifications submitted to or prepared by Landlord or Landlord’s Architect (including, without limitation, any Change Orders, as hereinafter defined); or (d) the performance of work by a person, firm or corporation employed by Tenant and delays in the completion of the said work by said person, firm or any Tenant Party corporation; or (e) Tenant’s failure to timely pay for the cost of Tenant’s Expansion Premises Contribution pursuant to Section 3.4; or (f) Tenant’s failure to supply Final Expansion Premises Proposed Plans in compliance with the terms hereof by July 1, 2019. If the Expansion Premises Substantial Completion Date (as defined in hereinafter defined) shall be delayed by reason of Tenant Delay, the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed Expansion Premises Work shall be deemed Substantially Completed for any the purposes of determining the Commencement Date as of the foregoing reasons, then Landlord shall cause date that the TI Architect to certify the date on which the Tenant Improvements Landlord’s Expansion Premises Work would have been Substantially Completed but for any such Tenant Delay as determined by Landlord in its reasonable discretion (provided that Landlord shall continue to use all diligent efforts to complete such Landlord’s Expansion Premises Work). To the extent that Tenant submits design drawings or other reasonably detailed to plans to Landlord prior to the submission of the Expansion Premises Proposed Plans, Landlord shall use reasonable efforts to delineate items depicted thereon which may be reasonably expected to be long lead items. If long lead items are identified by Landlord, Landlord agrees to use reasonable efforts to mitigate the length of time required to obtain and/or install such items, as applicable, or suggest reasonable alternatives and materials that may not be long lead items. 4.2 Tenant shall pay to Landlord a sum equal to any actual out-of-pocket incremental additional cost to Landlord in completing Landlord’s Expansion Premises Work resulting from (i) any Tenant Delay, and/or (ii) on account of any Change Orders. Any such certified date sums shall be in addition to any sums payable pursuant to Sections 3.3, 3.4 and 3.5 hereof and shall be paid to Landlord within 10 Business Days after Landlord submits an invoice to Tenant therefor. 4.3 No Tenant Delay in respect of Landlord’s Expansion Premises Work shall be deemed to be have occurred unless and until Landlord has provided written notice to Tenant specifying the Commencement Date for purposes of Tenant’s obligation action or inaction that constitutes a Tenant Delay, except to pay Base Rentthe extent that Tenant has actual notice or constructive notice (e.g., Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties response time frames pursuant to the terms hereof or circumstances for which the Lease expressly states same is a Tenant Delay) of Tenant Delay, in which case no such notice is required. If such action or inaction is not cured within two (2) Business Days after receipt of such notice, then a Tenant Delay as set forth in such notice shall be deemed to have occurred commencing as of the date such notice is received and continuing for the number of days the substantial completion of Landlord’s Expansion Premises Work was in fact delayed as a result of such action or inaction (and will not occupy if no notice is required as aforesaid, then the Premises) until applicable Tenant Delay shall be deemed to have occurred commencing as of the date upon which of such occurrence of Tenant Delay and continue for the Premises is Delivered to Tenant with number of days the substantial completion of Landlord’s Expansion Premises Work Substantially Complete. Upon request, Landlord shall advise Tenant was in fact delayed as a result of any materials, finishes such action or installations which are required as part of any Change Request that will result in unusually long lead timesinaction).

Tenant Delay. Except as otherwise provided “Tenant Delay” means any delay in the Lease, Delivery critical path of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to schedule for the extent that completion performance of Landlord’s Work shall have been actually delayed to the extent caused by any one act or more failure to act by Tenant or its Agent in violation of the following causes (this Exhibit “Tenant DelayE”): , including, without limitation: (i) the failure to complete any item of Tenant’s Representative was not available to give Work upon which Landlord’s Work is dependent; (i) Tenant approved TCRs or receive change orders; any Communication or to take any other action required to be taken directive by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; cease work; (iii) The construction of any changes to the Building Shell requested specification by Tenant and agreed upon of a finish or unique specialty item that is unavailable or has a lead time exceeding that of comparable products, provided that Landlord will notify Tenant if any finish or unique specialty item specified by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring Tenant is likely to have an unusually long lead times (provided Landlord will request that the General Contractor inform time or result in a Tenant Delay; failure of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant or Tenant’s delay in reviewingDesign Team to produce the Final Tenant Improvement Construction Documents according to all applicable codes, revising or approving plans laws and specifications beyond regulations within the time periods set forth herein; ; (viiiiv) failure of Tenant or Tenant’s delay in providing any information that is reasonably required Design Team to come from Tenant which is critical respond to the normal progression Tenant Improvements General Contractor’s requests for information; failure of Tenant to respond or submit Tenant materials within the time periods set forth on Schedule 2, Schedule 3 or Schedule 4 attached to this Exhibit “E”, which delay has a material adverse effect on the critical path of the Project within a reasonable period Landlord’s Work; (v) failure to cooperate with government authorities having jurisdiction over Landlord’s Work; failure of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt to timely pay Landlord or any of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs contractors, subcontractors, architects or other professionals; (as defined in Section 5(dvi) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission interference by Tenant or any Tenant Party (as defined it contractors in the Lease), or persons employed by any progress of such persons that continues for more than 1 business day after the Landlord’s notice thereof to Tenant. If Delivery is delayed for Work, and; (vii) any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to other item expressly identified in the Lease (and will not occupy the Premisesincluding this Exhibit “E”) until the date upon which the Premises is Delivered to as a Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except The term “Tenant Delay” shall mean each day that Substantial Completion of Landlord’s Work is delayed by any of the following: (a) Tenant’s failure to respond, within the time periods prescribed by Landlord (or, if no time period is so prescribed, within five (5) days), to a request for information necessary for the completion of the Space Plan or the Construction Drawings; or (b) failure for any reason, other than unreasonable delays attributable to Landlord, to develop the Approved Space Plan or the Approved Construction Drawings by the dates prescribed herein; or (c) Tenant’s failure to execute and deliver the T.E.A. by the date required in Section 2.02(b) above; or (d) Tenant’s failure to pay the Rent as otherwise provided required in the Lease, Delivery of ; or (e) Tenant’s failure to pay Tenant’s Construction Costs Deposit by the Premises shall occur when Landlord’s Work has been Substantially Completed, except to date required in Section 4.01(b)(i) above; or (f) changes by Tenant in the extent that Approved Construction Drawings or Change Orders which actually cause delays in the completion of Landlord’s Work shall have been actually delayed by any one Work; or more of the following causes (“Tenant Delay”): (ig) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken requirements by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are not Building Standard, including but not limited to any delays caused by failure to obtain or to receive delivery or installation of any such Non-Building Standard materials in a timely manner, but only to the extent that Landlord informed Tenant that such requirements were likely to result in a delay; or (h) any interference by Tenant with the performance of Landlord’s Work; or (i) delay by Tenant in delivering to Landlord an executed, revised T.E.A. and paying to Landlord any addition to Tenant’s Construction Costs Deposit required by a Change Order; or (j) any other cause which is defined as a Tenant Delay under this Work Letter or the Lease; or (k) intentionally omitted; or (l) changes to the base, shell and core of the Building required by the Approved Construction Drawings, but only to the extent that Landlord informed Tenant that such changes were likely to result in a delay; or (m) if a Certificate of Occupancy (temporary or final), is required in order to achieve Substantial Completion of Landlord’s Work, any refusal by the appropriate governmental authority to issue such Certificate of Occupancy due to Tenant’s failure to install, or delay in installing, any furniture or equipment that Landlord is not required to install as part of Landlord’s Work; or (n) any Change Request other acts or omissions of Tenant, or its agents, or employees. The date that Substantial Completion actually occurs will result be accelerated for all purposes of this Lease (including, without limitation, for determination of the Commencement Date and the obligation to pay Rent (subject to the Rental Concession)), by the number of days of any Tenant Delay that causes Landlord to be delayed in unusually long lead times.achieving Substantial Completion. If Landlord is unable to achieve Substantial Completion because of Tenant Delay, Landlord may, by written notice to Tenant, establish the Commencement Date as the date on which Substantial Completion could have been achieved, but for such Tenant Delay. ______________________________ Attn: ______________________, Property Manager _____________________________ _____________________________ RE: Lease between ____________________________________________(“Landlord”) and __________________________________________ (“Tenant”) for the Leased Premises located at ______________________________, __________________, __________ (the “Leased Premises”), within _________________________, dated ________________ (the “Lease”). Dear _________________________: The undersigned, on behalf of Tenant, certifies to Landlord as follows:

Tenant Delay. Except 4.1 If Landlord shall be delayed in Substantially Completing Landlord’s Premises Work as otherwise provided in the Leasea result of any act, Delivery neglect, failure or omission of Tenant, its agents, servants, employees, contractors or sub-contractors, including, without limitation, any of the Premises following, such delay shall occur when Landlord’s Work has been Substantially Completed, except be a “Tenant Delay” to the extent that completion such delay actually results in a delay in the Substantial Completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”):Premises Work: (ia) Tenant’s Representative was not available delay in supplying or failure to give or receive any Communication supply information or to take any other action required approve plans, drawings and specifications in accordance with and at the times referred to be taken by Tenant hereunder within a reasonable period of time (not to exceed herein, including Sections 2 business days) after written request from Landlord;hereof; or (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vib) Tenant’s request for materials, finishes or installations requiring unusually which are not readily available at the time Landlord is ready to install same (e.g., long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possibleitems); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (xc) Tenant’s changes in drawings, plans or specifications submitted to or prepared by Landlord or Landlord’s Architect (including, without limitation, any Change Orders, as hereinafter defined); or (d) the performance of work by a person, firm or corporation employed by Tenant and delays in the completion of the said work by said person, firm or corporation; or (e) Tenant’s failure to timely pay for the cost of Tenant’s Contribution pursuant to Section 3.4; or (f) The failure of Landlord to receive the Final Proposed Plans in compliance with the terms hereof by the Final Proposed Plans Delivery Date; or (g) Any other act or omission by Tenant or any Tenant Party material deviation between the Layout Plans and the Final Proposed Plans. If the Substantial Completion Date (as defined in hereinafter defined) shall be delayed by reason of Tenant Delay, the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed Premises Work shall be deemed Substantially Completed for any the purposes of determining the Commencement Date as of the foregoing reasons, then Landlord shall cause date that the TI Architect to certify the date on which the Tenant Improvements Landlord’s Premises Work would have been Substantially Completed but for any such Tenant Delay as determined by Landlord in its reasonable discretion (provided that Landlord shall continue to use all diligent efforts to complete such Landlord’s Premises Work). To the extent that Tenant submits design drawings or other reasonably detailed to plans to Landlord prior to the submission of the Proposed Plans, Landlord shall use reasonable efforts to delineate items depicted thereon which may be reasonably expected to be long lead items. If long lead items are identified by Landlord, Landlord agrees to use reasonable efforts to mitigate the length of time required to obtain and/or install such items, as applicable, or suggest reasonable alternatives and materials that may not be long lead items. Tenant acknowledges and agrees that notwithstanding which party engages Landlord’s Architect to prepare construction drawings for Landlord’s Premises Work, the time periods and dates for which plans are required to be delivered shall be binding upon the parties even if delays are attributable to Landlord’s Architect, but subject to delays caused solely by Landlord’s wrongful or negligent acts or material changes unilaterally requested by Landlord to Tenant’s Premises Work and not in response to Tenant’s changes. 4.2 Tenant shall pay to Landlord a sum equal to any actual out-of-pocket incremental additional cost to Landlord in completing Landlord’s Premises Work resulting from (i) any Tenant Delay, and/or (ii) on account of any Change Orders (but not any increase in Hoist Costs). Any such certified date sums shall be in addition to any sums payable pursuant to Sections 3.3, 3.4 and 3.5 hereof and shall be paid to Landlord within 10 Business Days after Landlord submits an invoice to Tenant therefor. 4.3 No Tenant Delay shall be deemed to be have occurred unless and until Landlord has provided written notice to Tenant specifying the Commencement Date for purposes of Tenant’s obligation action or inaction that constitutes a Tenant Delay, except to pay Base Rentthe extent that Tenant has actual notice or constructive notice (e.g., Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties response time frames pursuant to the terms hereof or circumstances for which the Lease expressly states same is a Tenant Delay) of Tenant Delay, in which case no such notice is required. If such action or inaction is not cured within two (2) Business Days after receipt of such notice, then a Tenant Delay as set forth in such notice shall be deemed to have occurred commencing as of the date such notice is received and continuing for the number of days the substantial completion of Landlord’s Premises Work was in fact delayed as a result of such action or inaction (and will not occupy if no notice is required as aforesaid, then the Premises) until applicable Tenant Delay shall be deemed to have occurred commencing as of the date upon which of such occurrence of Tenant Delay and continue for the Premises is Delivered to Tenant with number of days the substantial completion of Landlord’s Premises Work Substantially Complete. Upon request, Landlord shall advise Tenant was in fact delayed as a result of any materials, finishes such action or installations which are required as part of any Change Request that will result in unusually long lead timesinaction).

Tenant Delay. Except If Landlord shall be delayed in Substantially Completing the Initial Installations as otherwise provided in the Lease, Delivery a result of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion occurrence of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”):following: (ia) Tenant’s Representative was not available failure to give or receive any Communication furnish information in accordance with this Work Letter or to take respond to any other action required to be taken request by Tenant hereunder Landlord for any approval or information within a reasonable any time period prescribed, or if no time period is prescribed, then within two (2) Business Days of time (not to exceed 2 business days) after written request from Landlord;such request; or (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vib) Tenant’s request for materials, finishes or installations requiring unusually that have long lead times (provided after having first been informed by Landlord that such materials, finishes or installations will request that the General Contractor inform cause a Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to LandlordDelay; or (xc) Changes to the Final Plans requested by Tenant; or (d) The performance or nonperformance by a person or entity employed by on or behalf of Tenant in the completion of any work in the premises (all such work and such persons or entities being subject to prior approval of Landlord); or (e) Any request by Tenant that Landlord delay the completion of any component of the Initial Installations; or (f) Any default by Tenant in the performance of Tenant’s obligations under the Lease; or (g) Tenant’s failure to pay any amounts as and when due under this Work Letter; or (h) Any delay resulting from Tenant’s having taken possession of the Premises for any reason prior to substantial completion of Landlord’s Work; or (i) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof delay reasonably chargeable to Tenant, its agents, employees or independent contractors. such delay shall constitute a “Tenant Delay.” If Delivery the date of Substantial Completion is delayed by reason of Tenant Delay, the Premises shall be deemed Substantially Completed for any the purposes of determining the Rent Commencement Date as of the foregoing reasons, then Landlord shall cause date that the TI Architect to certify the date on which the Tenant Improvements Premises would have been Substantially Completed but for any such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; howeverDelay. In addition, Tenant will not have shall pay to Landlord a sum equal to any obligation additional cost to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord in completing Landlord’s Work Substantially Completeresulting from any Tenant Delay. Upon requestEmpty all waste and recyclable receptacles and replace liners as required. Sweep and/or dust mop all floor surfaces. Vacuum clean all carpeted areas, Landlord shall advise Tenant of moving light furniture when necessary. Dust desks, chairs, tables and other office furniture. Dust all ledges and other flat surfaces within reach. Dust counters, file cabinets, desks and telephones, without disturbing any materialsitems or papers as well as furniture, finishes office equipment, window xxxxx, door ledges, chair rails and convector units within normal reach. Damp wipe all glass furniture tops. Remove finger marks and smudges from doors, door frames, and private entrance glass partitions. Wash and clean all drinking fountains. Clean sinks in tenant kitchen areas. Sweep and wash all floors, using proper disinfectants. Wash and polish all mirrors, shelves, bright work and enameled surfaces. Wash and disinfect all basins, bowls and urinals. Wash all toilet seats. Hand dust and clean all partitions, tile walls, dispensers and receptacles in lavatories and restrooms. Empty paper receptacles, fill receptacles and remove wastepaper. Fill toilet tissue holders. Empty and clean sanitary disposal receptacles. Vacuum all carpeting and rugs. Dust high partition ledges and moldings. Machine scrub ceramic flooring with germicidal detergent solution. Dust and clean all air return vents. Hand wash and polish all wall tiles and stall surfaces. Dust light lenses. Clean door kick plates and thresholds. High dust all vertical surfaces such as partitions, walls, doors, blinds and wall hangings. Dust or installations which are required as part of any Change Request that will result in unusually long lead times.vacuum air grills. Spot clean carpets. Wash all partitions, tiled walls, doorframes and other surfaces with disinfectant. Wash all restroom partitions, both sides. High dusting. Damp clean diffuser outlets

Tenant Delay. Except The term “Tenant Delay” as otherwise used in the Lease or this Work Letter shall mean any delay in the Substantial Completion of the Work (as defined in Paragraph 2(c) below) in accordance with the timelines provided in the Construction Schedule attached hereto as Schedule “F-5”, as the same may be adjusted by Change Order, to the extent due to (a) any material interference by Lessee with the work of the General Contractor or its subcontractors during Lessee’s Early Entry; (b) a written Change Order (as defined below) requested by Lessee, but only to the extent of the Tenant Delay specified in such Change Order; (c) any Tenant Delay specified in this Work Letter or in the Lease, Delivery including, without limitation, any Tenant Delay agreed upon in writing following the First Meeting (defined above) or determined by the Design Arbitrator as set forth above; (d) the inclusion of any so-called “long lead” materials in the improvements (such as fabrics, paneling, carpeting or other items that are not readily available within industry standard lead times [e.g., custom made items that require time to procure beyond that customarily required for standard items, or items that are currently out of stock and will require extra time to back order] and for which suitable substitutes exist); provided, however, that if any such “long lead” item is not specified in the Schedules attached to this Work Letter, its inclusion shall not constitute a Tenant Delay unless Lessor has notified Lessee that such item is a “long lead” item and has given Lessee a reasonable period of time to approve the inclusion of the Premises shall occur when Landlord’s Work has been Substantially Completed, except item prior to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more time at which it would delay Substantial Completion of the following causes Work; (“Tenant Delay”): (ie) TenantLessee’s Representative was not available failure to give or receive any Communication or to take any other action required to be taken by Tenant hereunder provide, within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shelltime, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell information requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information Lessor that is reasonably necessary for the Substantial Completion of the Work; and (f) Lessee’s failure to make any payment required under this Work Letter within the period specified therefor (it being acknowledged that if Lessee fails to come make or otherwise delays making such payments, Lessor may stop work rather than incur costs which Lessee is obligated to fund but has not yet funded and any delay from such a work stoppage will be a Tenant which is critical Delay). Lessee shall be liable for, and shall pay all costs and expenses incurred by Lessor to the normal progression of the Project within extent caused by a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except As used herein, the term "Tenant Delay" shall mean, as to any delay experienced by Landlord in its work on the Building or the Tenant Improvements, (a) any interference or delay caused by occurrences within the reasonable control of Tenant not otherwise permitted under this Lease (i.e. permitted Tenant approval and construction processes applied within scheduled time period shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or refusal to furnish plans, or approve or disapprove plans for the Tenant Improvements, within the periods set out in Exhibit B; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond the approval process set forth in Exhibit B; (d) any other delay in acts of Tenant required under Exhibit B, or (e) selection of a Tenant Improvement contractor other than the contractor selected by Landlord to perform Landlord's Work, provided in that the Lease, Delivery of the Premises foregoing clauses (a) through (e) shall occur when Landlord’s Work has been Substantially Completed, except apply only to the extent that completion such delay, notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date of Landlord’s Work Premises Delivery. Tenant Delay shall have been actually delayed not include delays caused by any one or more of the following causes (“Tenant Delay”): (i) revisions to Tenant’s Representative was not available 's Plans to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (meet historic preservation requirements as defined set forth in Section 4(a3(m) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided . Landlord will request that the General Contractor inform shall notify Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from possible when Landlord becomes aware of an event constituting Tenant which is critical to the normal progression Delay. Such notice shall include a description of the Project within a reasonable period of time after request. matter constituting Tenant shall provide such information as soon as reasonably possibleDelay, but in no event longer than one week after receipt of any request for such information from and Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any 's good faith estimate of the foregoing reasons, then potential amount of Tenant Delay. Landlord shall cause the TI Architect also agrees to certify the date on which the meet and cooperate with Tenant Improvements would have been Substantially Completed but for such to seek opportunities to minimize Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except as otherwise provided Any of the following types of delay in the Lease, Delivery completion of the Premises shall occur when construction of Landlord’s TI Work has been Substantially Completed(but in each instance, except only to the extent that any of the following has actually and proximately caused substantial completion of Landlord’s TI Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”to be delayed): (i) Any delay resulting from Tenant’s Representative was not available failure to give furnish, in a timely manner, information reasonably requested by Landlord or receive by Landlord’s Project Manager in connection with the design, construction, or permitting of Landlord’s TI Work (including providing information required by the City in connection with obtaining any Communication governmental approvals), or from Tenant’s failure to take approve in a timely manner any other action required to be taken matters requiring approval by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from LandlordTenant; (ii) Any delay resulting from Tenant Change Requests initiated by Tenant’s request for changes , including any delay resulting from the need to the Building Shell, whether revise any drawings or not obtain further governmental approvals as a result of any such changes are actually performedTenant Change Request; (iii) The construction of any changes to the Building Shell requested Any delay caused by Tenant and agreed upon by (or Tenant’s contractors, agents or employees) materially interfering with the performance of Landlord’s TI Work (including as a result of Tenant’s entry into the Premises in accordance with Section 5 of this Tenant Work Letter), provided that Landlord shall have given Tenant prompt notice of such material interference; (iv) Any delay caused by the requirement that the General Contractor install equipment on behalf of Tenant, which equipment is not a part of the Landlord’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed;TI Work; or (v) Construction Any delay resulting from a cessation of any Change Requests; (vi) work because of Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that failure to timely deliver the General Contractor inform L-C as required by the terms of Section 21.1 of the Lease. A Tenant of any long lead time items and identify substitutes for such items Delay as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; in items (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possiblei), but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs ii), (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or iii), (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Leaseiv), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of (v), or as otherwise defined in this Tenant Work Letter or the foregoing reasonsLease, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall not be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) commenced until the date upon which the Premises is Delivered such time as Landlord has delivered written notice to Tenant with specifying the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise circumstances that constitute a Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except as otherwise provided Notwithstanding any provision herein or in the LeaseLease to the contrary, the Landlord Delivery Date for Landlord's Work and the Substantial Completion Date for Landlord's Work and Tenant Work shall in no event be delayed or extended by any "Tenant Delay" or Change Order Delay, and each such date (as applicable) shall be deemed to have occurred on the day that each such date (as applicable) would have occurred but for any intervening Tenant Delay or Change Order Delay. Without limitation of the Premises facts or circumstances also agreed by the parties herein or in the Lease to constitute "Tenant Delay," "Tenant Delay" shall occur when Landlord’s Work has been Substantially Completedalso mean and include but not be limited to delays resulting from changes, except revisions or supplements to the extent that scope of Landlord's Work or Tenant Work requested by Tenant; Tenant's failure to provide information, materials, documents, plans or specifications, or to furnish Tenant's cooperation as required by Landlord in connection with Landlord's Work or Tenant Work within the required time periods, including Tenant's initial submission of Tenant Plans; delays in the preparation, finalization or approval of the Tenant Plans caused by Tenant or its architect, contractors, authorized representative, agents or employees; delays caused by modifications, revisions or changes to Tenant Plans caused or required by Tenant or its architect, contractors, authorized representative, agents or employees, or by any state or municipal authority (including, without limitation, modifications, revisions or changes required to Tenant Plans or Landlord's Plans upon presentation of Tenant Plans (or revisions thereto) for permitting; delays in the delivery or installation of any special, long-lead or non-standard items specified by Tenant; or delays caused by delivery, installation or completion of Landlord’s Work shall have been actually delayed any Tenant finish work performed by any one Tenant's contractors; or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken delay caused by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes or its architect, contractors, representatives, agents or employees. Notwithstanding anything in this Section G to the Building Shellcontrary, whether or not such changes are actually performed; (iii) The construction of any changes with regard to those Tenant Delays which, pursuant to the Building Shell requested by Tenant and agreed upon by express provisions of this Work Letter, shall not be assessed or be deemed to have occurred in the absence of Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any 's notice, Landlord agrees to furnish such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items notice as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression practicable after Landlord shall have actual knowledge of the Project within a reasonable period of time after requestfacts or circumstances giving rise thereto; the parties agreeing that such notice may be delivered telephonically or by facsimile transmission to Tenant's representative. Tenant shall provide such information as soon as reasonably possible, but in no In the event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Delay or Change Order Delay shall occur, or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any substantial completion of the foregoing reasons, then Landlord Landlord's Work and Tenant Work shall cause the TI Architect be deemed to certify have occurred on the date on which substantial completion thereof would have occurred, but for the Tenant Improvements would have been Substantially Completed but for such Tenant Delay Delays and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesOrder Delays.

Tenant Delay. Except As used herein, "Tenant Delay" shall mean, as ------------ to any delay experienced by Landlord in connection with its Shell and Core Work, (a) any interference or delay caused by occurrences within the reasonable control of Tenant not otherwise provided permitted under this Lease (i.e. permitted Tenant approval and construction processes applied within scheduled time periods shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or --- refusal to furnish plans, or approve or disapprove plans for the Tenant Improvements in the Lease, Delivery excess of the Premises periods set out in Appendix D; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond or after the approval process set forth in Appendix D; or (d) any other delay in acts of Tenant required under Appendix D; provided that the foregoing clauses (a) through (d) shall occur when Landlord’s Work has been Substantially Completed, except apply only to the extent that completion such delay, ---- notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date of Landlord’s Work Premises Delivery. Landlord shall have been actually delayed by any one or more of the following causes (“notify Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information possible when Landlord becomes aware of an event that is reasonably required to come from it believes constitutes a Tenant which is critical to the normal progression Delay. Such notice shall include a description of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in matter constituting the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed Landlord's good faith estimate of the length of the Tenant Delay. Landlord also agrees to be the Commencement Date for purposes of Tenant’s obligation meet and cooperate with Tenant to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, seek opportunities to minimize Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except as otherwise provided (a) Notwithstanding anything to the contrary contained in the Lease, Delivery if Substantial Completion of the Premises shall occur when Landlord’s Work has been Substantially CompletedTenant Improvements is delayed beyond the Target Commencement Date as a result of Tenant Delay (as hereinafter defined), except to then, for purposes of determining the extent that completion of Landlord’s Work shall have been actually delayed by any one or more Commencement Date, Substantial Completion of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available Improvements shall be deemed to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify have occurred on the date on which that Substantial Completion of the Tenant Improvements would have been Substantially Completed occurred but for such Tenant Delay. Without limiting the foregoing, Landlord shall use commercially reasonable speed and diligence to Substantially Complete the Tenant Improvements on or before the Target Commencement Date. (b) Provided this Lease is executed by Tenant on or before April 27, 2004, if Landlord fails to achieve Substantial Completion within thirty (30) days of the Target Commencement Date, as extended for Tenant Delay or Force Majeure, then Landlord shall provide Tenant one (1) day's Minimum Annual Rental and Additional Rent abatement for each day of delay after such certified date thirty (30) day period until the Leased Premises are delivered to Tenant. Such abatement shall commence as of the first anniversary of the Commencement Date, shall be deemed Tenant's sole remedy for Landlord's failure to deliver the Leased Premises as set forth above, and Tenant shall not be entitled to damages (consequential or otherwise) as a result thereof. For example, assuming there is no Tenant Delay or Force Majeure, if Landlord achieves Substantial Completion on November 5, 2004, (a) the Commencement Date will be November 5, 2004, and (b) Tenant's obligation to pay Minimum Annual Rent and Additional Rent will xxxxx during the five (5) day period commencing as of November 5, 2005 and continuing through and including November 9, 2005. (c) Notwithstanding the foregoing, for purposes of this SECTION 5 (i) in no event shall Force Majeure include any delay due to the default, negligence or willful misconduct of any contractors or subcontractors performing the Tenant Improvements, (ii) if the delay in Substantial Completion of the Tenant Improvements is due to Force Majeure and such delay is in excess of seventy-five (75) days beyond the Target Commencement Date, Tenant’s , at Tenant's option, shall have the right to receive one (1) day's Minimum Annual Rent abatement for each two (2) days of Force Majeure delay after such seventy-five (75) day period until the Leased Premises are delivered to Tenant. Such abatement shall commence as of the first anniversary of the Commencement Date, shall be Tenant's sole remedy for Landlord's failure to deliver the Leased Premises as set forth above, and Tenant shall not be entitled to damages (consequential or 4 INDUSTRIAL LEASE otherwise) as a result thereof. For example, if Substantial Completion is delayed, entirely due to Force Majeure, until December 31, 2004, (x) the Commencement Date will be December 31, 2004, (y) Tenant shall be entitled to 8 days of abatement (due to the Force Majeure delay exceeding the 75 day period by 16 days), making Tenant's obligation to pay Base RentMinimum Annual Rent and Additional Rent xxxxx during the eight (8) day period commencing as of December 31, Operating Expenses2005 and continuing through and including January 7, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times2005.

Tenant Delay. Except as otherwise provided 7.1 If (a) a delay shall occur in the Lease, Delivery Substantial Completion of the Premises Tenant Improvements in accordance with the Final Plans (or any revised Final Plans) by Construction Manager as the result of (i) any written direction by Tenant that Construction Manager delay proceeding with the Tenant Improvement Work or any segment of the Tenant Improvement Work, (ii) any Change Order authorized by Tenant in writing, (iii) any interference in Construction Manager's performance of the Tenant Improvement Work caused by Tenant or Tenant's agents, representatives, or contractors performing the Tenant Work, (iv) any failure by Tenant to comply with the requirements of Section 1 of this Exhibit, (v) any delay caused by the per square foot cost of the TI Cost exceeding (or estimated by Construction Manager to exceed) the Threshold Rate, as more particularly described above, or (vi) any other act or omission of Tenant, its agents, employees, or contractors (any of such events being a "Tenant Delay"), then (b) the Commencement Date shall occur when Landlord’s Work (even though no Certificate of Occupancy (temporary or permanent) has been issued or the Tenant Improvements have not been Substantially Completed, except ) be accelerated by a time period equal to the extent number of days that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“be counted as Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possibleDelays, but in no event longer to dates earlier than one week after receipt those stated in Paragraph 4(b) of the Lease. Tenant Delay shall not include, or shall be reduced by, any delay caused by Landlord and/or Construction Manager, and/or any person acting by, through or under them, respectively, in performing their obligations hereunder. 7.2 The extent of any request Tenant Delay shall be determined in the following manner: Landlord shall notify Tenant in writing of the estimated length of the Tenant Delay involved as soon as practicable after the information necessary to estimate such Tenant Delay is available (which notice shall include the basis for the Landlord's estimate) and, as Landlord obtains the information to calculate the actual Tenant Delay, Landlord shall so notify Tenant providing it with the basis used in calculating such information from Landlord; (ix) Tenant’s delay Tenant Delay. In the event of a dispute concerning the length of any Tenant Delay, the parties agree that such dispute shall be resolved in making payments to Landlord accordance with the Expedited Procedures set forth by the American Arbitration Association for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are expedited arbitration. Notwithstanding the foregoing, Tenant shall pay all sums required to be paid hereunder to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in , subject to a refund of the Lease), or persons employed by any appropriate sums upon the resolution of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesdispute.

Tenant Delay. Except Tenant shall use its best efforts to cooperate with Landlord, the Architect, the Contractor, and Landlord’s other consultants to complete all phases of the Plans and obtain the Permits as otherwise provided soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the Leaseparties’ progress. Without limiting the foregoing, Delivery if the Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (d) any breach by Tenant of this Suite 275 Expansion Work Letter or this Agreement; (e) any request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion of the Plans that has previously been approved by both parties (except to the extent that such delay results from a failure of Landlord to perform its obligations under Section 2.7 or 3.2.2 above); (f) any requirement of Tenant for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (g) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall occur when Landlord’s be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, except as determined without giving effect to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timespreceding sentence.

Tenant Delay. Except If there shall be any actual delay which causes the Substantial Completion of the Premises to occur after the Lease Commencement Date, as otherwise provided set forth in the Lease, Delivery as a direct, indirect, partial, or total result of any of the Premises shall occur when following: i) Tenant's failure to comply with the time deadlines set forth in this Tenant Work Letter and/or Schedule 1 to this Exhibit B; ii) Tenant's failure to timely submit any matter requiring Landlord’s Work has been Substantially Completed's response and/or approval, except to the extent that completion of Landlord’s Work shall have been actually delayed a Landlord disapproval is based upon a matter other than a Design Problem; iii) A breach by any one or more Tenant of the following causes (“terms of this Tenant Delay”):Work Letter or the Lease; (iiv) Changes in any of the Construction Drawings requested by Tenant; v) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s 's request for changes to in the Building Shell, whether or not such changes are actually performedApproved Working Drawings; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request 's requirement for materials, components, finishes or installations requiring unusually long lead times (provided Landlord will request that improvements which are not available in a commercially reasonable time given the General Contractor inform anticipated date of Substantial Completion of the Tenant of any long lead time items and identify substitutes for such items Improvements, as soon as reasonably possible)set forth on Schedule 1 to Exhibit B; (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond Changes to the periods set forth hereinBase Building required by the Approved Working Drawings; (viii) Tenant’s delay 's use of specialized or unusual improvements and/or delays in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within obtaining necessary permits as a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlordresult thereof; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act acts or omission by Tenant omissions of Tenant, or any Tenant Party (as defined its agents, or employees which causes a delay in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any Substantial Completion of the foregoing reasons, Premises; then Landlord shall cause the TI Architect to certify the date on which the a " Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date Delay" shall be deemed to be the Commencement Date have occurred. If Landlord contends that a Tenant Delay has occurred (other than with regard to a scheduled date for purposes Tenant's approval or disapproval of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties an item pursuant to the Lease (and will not occupy the Premises) until this Tenant Work Letter), Landlord shall notify Tenant in writing of the date upon which such Tenant Delay occurred. The date upon which such Tenant Delay ends shall be referred to in this Section 5.4 as the Premises is Delivered "Tenant Delay Termination Date". Notwithstanding anything in this Lease or Tenant Work Letter to the contrary, as to Tenant with Delays, only if any actions, inaction or circumstances described in such notice (the Landlord’s Work Substantially Complete. Upon request"Tenant Delay Notice") are not cured by Tenant within one (1) business day after receipt of the Tenant Delay Notice, Landlord and if such actions, inaction or circumstances otherwise qualify as a Tenant Delay, then a Tenant Delay shall advise be deemed to have occurred commencing as of such date and ending as of the Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay Termination Date.

Tenant Delay. Except The term “Tenant Delay” shall mean each day that Substantial Completion of the Leasehold Improvements is delayed by any of the following: (a) Tenant’s failure to respond, within the time periods prescribed by Landlord, to a request for information necessary for the completion of the Space Plan or the Construction Drawings; or (b) failure for any reason to develop the Approved Space Plan or the Approved Construction Drawings by the dates prescribed herein; or (c) failure for any reason to mutually approve the selection of the Contractor and the bid of the Contractor, or for Tenant to execute and deliver the T.E.A., by the date required in Section 2.02(b) above; or (d) Tenant’s failure to pay the Rent and Security Deposit as otherwise provided required in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one ; or more of the following causes (“Tenant Delay”): (ie) Tenant’s Representative was not available failure to give pay Tenant’s Construction Costs Deposit by the date required in Section 4.01(b)(i) above; or receive any Communication or to take any other action required to be taken (f) changes by Tenant hereunder within a reasonable period of time in the Approved Construction Drawings or Change Orders; or (not to exceed 2 business daysg) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested requirements by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are not Building Standard, including but not limited to any delays caused by failure to obtain or to receive delivery or installation of any such Non-Building Standard materials in a timely manner; or (h) any interference by Tenant with the performance of the Leasehold Improvements; or (i) delay by Tenant in delivering to Landlord an executed, revised T.E.A. and paying to Landlord any addition to Tenant’s Construction Costs Deposit required by a Change Order; or (j) any other cause which is defined as a Tenant Delay under this Work Letter or the Lease; or (k) changes which must be made in the Approved Construction Drawings because the same do not comply with Legal Requirements; or (l) changes to the base, shell and core of the Building required by the Approved Construction Drawings; or (m) if a Certificate of Occupancy (temporary or final), is required in order to achieve Substantial Completion of the Leasehold Improvements, any refusal by the appropriate governmental authority to issue such Certificate of Occupancy due to Tenant’s failure to install, or delay in installing, any furniture or equipment that Landlord is not required to install as part of the Leasehold Improvements; or (n) any Change Request other acts or omissions of Tenant, or its agents, or employees. The date that Substantial Completion actually occurs will result be accelerated for all purposes of this Lease (including, without limitation, for determination of the Commencement Date and the obligation to pay Rent), by the number of days of any Tenant Delay that causes Landlord to be delayed beyond March 1, 2018, in unusually long lead timesachieving Substantial Completion. If Landlord is unable to achieve Substantial Completion because of Tenant Delay, Landlord may, by written notice to Tenant, establish the Commencement Date as the date on which Substantial Completion could have been achieved, but for such Tenant Delay. Project: Date: T.E.A. #: Distribution: Prepared By: Contractor: Space Planner: Square Feet of Net Rentable Area: Architectural/Mechanical/Electrical/Structural Engineering Design Fees $ Construction: $ $ $ $ SUBTOTAL $ Construction Management Fee $ Contingency $ Total Estimated Project Cost $ Tenant Improvement Allowance $ Tenant’s Construction Costs Deposit $ Total Now Due and Payable $ Recommendation for Authorization: Landlord’s Representative Date Tenant Authorization: __________________________________ Tenant’s Representative Date This Commencement Notice is entered into this ___ day of __________, 20____, by ____________________ (“Landlord”) and ____________________ (“Tenant”), pursuant to the provisions of that one certain Lease Agreement (the “Lease”) dated __________, 20__, by and between Landlord and Tenant covering certain space in the Building known as ____________________. All terms used herein with their initial letter capitalized shall have the meaning assigned to such terms in the Lease.

Tenant Delay. Except as otherwise provided A “Tenant Delay” shall be deemed to include, without limitation, any delay in the Leasecommencement, Delivery performance, Substantial Completion of the Expansion Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that or final completion of Landlord’s Work shall have been actually delayed by the Tenant Expansion Improvements which is attributable to any one or more of the following causes causes: (“a) late submissions of information to be provided by Tenants and which is needed by Landlord to perform its obligations hereunder; (b) any changes requested by Tenant Delay”): to the Expansion Drawings and Specifications or the Tenant Expansion Improvements; (c) delays in obtaining non-Building Standard construction materials requested by Tenant; (d) Tenant’s failure to timely approve any item requiring Tenant’s approval; (e) delays by Tenant in meeting the deadlines set forth herein; (f) the performance by Tenant or Tenant’s contractors of any improvement or any other related work at or about the Expansion Premises or the Property; (g) any act or omission of Tenant, Tenant’s Architect or Tenant’s contractors, (h) any breach by Tenant of any provision contained in this Exhibit or in the Lease, (i) any disruption or interference by Tenant in the performance of the Tenant Expansion Improvements occurring in the course of any entry into the Expansion Premises pursuant to Section 3.02 of this Exhibit “B”, (j) any failure by Tenant to construct and install any Tenant Expansion Work, or to perform any other installations of furniture, fixtures and equipment in the Expansion Premises properly and in accordance with applicable Laws which results in a governmental authority denying the issuance of an Occupancy Permit for the Expansion Premises, and/or (k) any failure of Tenant to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Tenant Expansion Improvements to be designed, approved and constructed in a timely manner. Notwithstanding the foregoing, a Tenant Delay shall not have deemed to have occurred to the extent a delay in the commencement, performance, Substantial Completion of the Expansion Premises or final completion of the Tenant Expansion Improvements is the result of the negligence of any party other than Tenant, or Tenant’s Representative was not available to give employees, agents or receive any Communication or to take any other action required to be taken contractors. THIS CONFIRMATION OF LEASE TERM is made this day of , 20 , by Tenant hereunder within and between PRINCETON SOUTH INVESTORS, LLC, a reasonable period of time Delaware limited liability company (not to exceed 2 business days“Landlord”) after written request from Landlord; and ANTARES PHARMA, INC., a Delaware corporation (ii) “Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible”); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.

Tenant Delay. Except as otherwise provided A “Tenant Delay” shall mean any actual delay in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that substantial completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes resulting from: (“Tenant Delay”): (i1) Tenant’s Representative was not available failure to give comply with any of the delivery dates or receive any Communication or approval dates relative to take any other action required to be taken by Tenant hereunder within a reasonable period the design, planning, pricing, and selection of time finishes for Landlord’s Work, (not to exceed 2 business days) after written request from Landlord; (ii2) Tenant’s request failure to provide responses to requests for changes to information, approvals or disapprovals regarding Landlord’s Work within the Building Shelltime periods established in this Work Letter or any construction schedule provided by Landlord (or if not so stated, whether or not such changes are actually performed; then within two (iii2) The construction of any changes to the Building Shell Business Days after requested by Tenant and agreed upon by Landlord; ), (iv3) Tenant’s request requests for Change Requests Extra Work (as defined in Section 4(a) below) whether or even if Tenant elects not any such Change Requests are actually performed; to proceed with the Extra Work requested), (v) Construction of any Change Requests; (vi4) Tenant’s request for materialsfailure to pay any amounts when due hereunder, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of 5) any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) delay resulting from Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical early access to the normal progression Premises, or work being performed by Tenant in the Premises, while Landlord is performing Landlord’s Work (provided, however, that with respect to this clause (5) only, no event shall be deemed to be a Tenant Delay unless and until Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant: (x) that a Tenant Delay is occurring, and (y) of the Project actions that Tenant must take to eliminate the Tenant Delay, and Tenant thereafter fails to correct the Tenant Delay within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week two (2) Business Days after receipt of the Tenant Delay Notice), or (6) any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission failure to act by Tenant Tenant, Tenant’s employees, agents, architects, engineers, contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant. Notwithstanding anything contained herein or elsewhere in this Lease to the contrary, if there is any Tenant Party (as defined increase in the Lease), or persons employed by any cost of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery Work as a result of a Tenant Delay or if Landlord is delayed for any in substantial completion of the foregoing reasonsLandlord’s Work as a result of a Tenant Delay, then Landlord (a) Tenant shall cause be responsible for the TI Architect to certify increase in the date on which cost of Landlord’s Work, and (b) the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date Commencement Date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon on which the Premises is Delivered to Tenant with the Landlord’s Work would have been Substantially Complete. Upon request, Landlord shall advise Complete but for the Tenant of any materials, finishes or installations which are required Delay as part of any Change Request that will result in unusually long lead timesdetermined by Landlord.

Tenant Delay. Except as otherwise provided Tenant's obligation for payment of Rent under this Lease shall commence on the Rent Commencement Date, unless such date has been changed and acknowledged in the Lease, Delivery writing by Landlord and Tenant. Landlord shall not be responsible for any delays caused by Tenant which result in substantial completion of the Premises Leasehold Improvements later than the Estimated Completion Date nor shall occur when Landlord’s Work has been Substantially Completedthe Commencement Date or the Rent Commencement Date be modified for such delay. Such delays include, except but are not limited to the extent that following, all such delays being referred to as "Tenant Delay": 1. Tenant's failure to comply with the procedures for completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within Leasehold Improvements outlined in this Exhibit on a reasonable period of time (not to exceed 2 business days) after written request from Landlordtimely basis; (ii) 2. Tenant’s 's request for changes or modifications to the Building Shell, whether or not such changes are actually performedwork after the development of the Approved Plan; (iii) The construction 3. Late delivery of any changes or inability to obtain materials required for Non-Building Standard improvements, provided Landlord informed Tenant of such issues prior to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction start of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possibleconstruction, but in no event longer than one week after receipt shall Landlord be liable for the delay; 4. Building code problems related to Non-Building Standard design or construction, provided Landlord's Architect informed Tenant of such issues prior to completion of the working drawings, but in no event shall Landlord be liable for the delay; and 5. The performance of any request for such information from Landlord; (ix) work by any person or entity employed or retained by Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs . EXHIBIT "B" - SCHEDULE 1 BUILDING STANDARD WORKLETTER DULLES OVERLOOK OFFICE BUILDING The following shall constitute the general description and minimum quality of Building Standard Work, which are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined utilized in the Leaseconstruction of Leasehold Improvements. Tenant, at its sole cost (which shall be reimbursable from the Tenant Allowance, to the extent available), or persons employed by any of such persons that continues for more than 1 business day shall have the right, after Landlord’s notice thereof to Tenant. If Delivery is delayed for any consultation with and reasonable approval of the foregoing reasonsLandlord, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but make reasonable substitutions for specific items described herein, provided that such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes substitutions meet or installations which are required as part of any Change Request that will result in unusually long lead timesexceed Building Standard Work.

Tenant Delay. Except as otherwise provided in For the purposes of this Work Letter and the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): ” means any actual delay in any of (a) Substantial Completion of the Landlord Work, or (b) achievement of the Required Delivery Condition, or (c) achievement any of the milestones listed in Paragraph 2.8 of the Lease, in each of cases (a) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, resulting from either: (i) Tenant’s Representative was not available failure to give fulfill its obligation with respect to provide either documents or receive any Communication or to take any other action required to be taken by Tenant hereunder approvals within a reasonable period of the time (not to exceed 2 business days) after written request from Landlord; periods specified therefor herein, (ii) any change orders requested by Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The an act or omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord’s Work, completion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any changes to the Building Warm Shell Components requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise hereby notifies Tenant of any materials, finishes or installations which are required as part of any Change Request that such request will result in unusually long lead times.a Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence. Building E

Tenant Delay. Except as otherwise provided Any actual delay in the Lease, Delivery progress of the Premises shall occur when Landlord’s Work has been Substantially Completed, except Initial Improvements to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of such delay is the following causes (“Tenant Delay”): result of: (i) changes in the Final Plans requested by Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; ; (ii) Tenant’s request for changes the failure of Tenant to approve the Building ShellFinal Plans or any portion thereof within the time periods provided in this Lease, whether or not such changes are actually performed; (iii) The construction the failure of Tenant to provide any changes to information or documentation within the Building Shell requested by Tenant and agreed upon by Landlord; time period required under this Lease, (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether the failure of Tenant to make selections or not any such Change Requests are actually performed; grant approvals when required, (v) Construction the performance or non-performance of any Change Requests; work at, or services with respect to, the Premises by Tenant or any member of the Tenant Group, (vi) Tenant’s request for materialsboycotts, finishes work stoppages or installations requiring unusually long lead times (provided Landlord will request that other labor unrest at the General Contractor inform Premises resulting from the actions of Tenant or any member of any long lead time items and identify substitutes for such items as soon as reasonably possible); the Tenant Group, or (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by of Tenant, any member of the Tenant Group or any Tenant Party (as defined in the Lease)person, firm or persons employed by entity claiming by, through or under any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenantthem. If Delivery is delayed for any of Notwithstanding the foregoing reasonsto the contrary, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such no Tenant Delay and such certified date shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or inaction that Landlord contends constitutes a Tenant Delay. If such action or inaction is not cured within twenty-four (24) hours’ after receipt of such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the Commencement Date date such original notice is given and continuing for the longer of (a) the number of days that Tenant takes to cause the event giving rise to the Tenant Delay to be resolved, (b) the number of days that prosecution and/or completion of the work or Landlord’s act was in fact delayed as a result of such action or inaction and shall excuse and extend the dates of Landlord’s performance. For purposes of this Section 0.0.XX, notice may be email. Notwithstanding the foregoing once Landlord has given two notices of a Tenant Delay to Tenant’s obligation , any further Tenant Delay shall be deemed to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until occurred commencing as of the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay occurred without a twenty-four (24) hour cure period.

Tenant Delay. Except as otherwise provided in For the purposes of this Work Letter and the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): ” means any actual delay in any of (a) Substantial Completion of the Landlord Work, or (b) achievement of the Required Delivery Condition, or (c) achievement any of the milestones listed in Paragraph 2.8 of the Lease, in each of cases (a) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, resulting from either: (i) Tenant’s Representative was not available failure to give fulfill its obligation with respect to provide either documents or receive any Communication or to take any other action required to be taken by Tenant hereunder approvals within a reasonable period of the time (not to exceed 2 business days) after written request from Landlord; periods specified therefor herein, (ii) any change orders requested by Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The an act or omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord’s Work, completion of the Warm Shell Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is 7 See footnote no. 6. Building F and Amenities Building occurring. With respect to any changes to the Building Warm Shell Components requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise hereby notifies Tenant of any materials, finishes or installations which are required as part of any Change Request that such request will result in unusually long lead timesa Tenant Delay, and Tenant agrees that this notice satisfies the requirement for written notice set forth in the previous sentence.

Tenant Delay. Except The phrase, “Tenant Delay”, shall be defined as otherwise provided any delay in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed caused by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give special work, upgrades or receive any Communication or to take any other action required to long lead-time items for which Landlord identifies in writing (it being agreed such writing may be taken by Tenant hereunder within in the form of an e-mail), promptly upon submission of a reasonable Work Change Order, a specified period of delay, and in either instance Tenant does not withdraw or alter such special work, upgrade, long lead-time (not to exceed 2 business days) after written request from Landlord; item which avoids such delay, (ii) Tenant’s request for any changes to any plans, including the Building ShellFinal Plans, whether made by Tenant, or any Work Change Order requested by Xxxxxx, in any case for which Xxxxxxxx identifies a specified period of delay at the time of its approval and for which Tenant does not withdraw such changes are actually performed; change to avoid delay, (iii) The construction any change in the design of the Landlord’s Work or any changes to the Building Shell requested component thereof made by Tenant and agreed upon by that results in a delay in the Landlord; ’s construction start date beyond the date that is sixty (60) days after Landlord’s receipt of the construction drawings, (iv) Tenant’s the delay of Tenant or its architects and engineers in approving the Construction Plans, or supplying, submitting or approving any other plans, specifications, pricing or estimates or giving authorizations or supplying information reasonably required by Landlord or its general contractor or the Town of Bedford by the dates stipulated in this Article 3, or in any other instance if no time period is specified, then within five (5) business days after request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; therefor, (v) Construction any failure by any contractors employed by Tenant including, without limitation, contractors furnishing telecommunications, data processing or other service or equipment directly to Tenant (and not via Landlord’s contractors) to comply with the agreed upon timetables for coordination of any Change Requests; the parties’ respective components of work, as established at on-site or virtual progress meetings between Landlord’s representative and Tenant’s representative, each acting reasonably and in good faith, (vi) Tenantany failure to comply with this Article 3 or any material interference with the performance of Xxxxxxxx’s request for materialsWork by Tenant or any of its agents, finishes employees, architects, engineers or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); contractors, or (vii) Tenant’s delay in reviewing, revising paying a Work Change Order when due or approving plans in delivering the Security and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably Restoration Deposit required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesSection 4.4.

Tenant Delay. Except (a) If Landlord shall be delayed in substantially completing Landlord's Construction as otherwise provided in the Leasea result of any act, Delivery neglect, failure or omission of Tenant, its servants, employees, invitees, licensees, agents, visitors, representatives, customers or contractors, including without limitation any of the Premises following, such delays shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work be deemed a "Tenant Delay," and Tenant shall have been actually delayed be responsible for and pay any and all cost and expenses incurred by any one or more Landlord caused by Tenant Delay. As an illustration of the following causes foregoing but not in limitation thereof, Tenant Delay is that delay caused by (“a) the failure by Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action under this Schedule A within the time period required to be taken by Tenant hereunder within a reasonable period the terms of time this Schedule; or (not to exceed 2 business daysb) after written request from Landlord; (ii) Tenant’s request for modifications, revisions and changes to the Building Shellapproved Space Plan, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell approved Construction Drawings and/or Landlord's Construction as requested by Tenant; or (c) work performed by Tenant and agreed upon or entity engaged by Tenant which adversely affects the timing of Landlord; 's Construction; or (ivd) Tenant’s 's failure to meet with Landlord and/or Landlord's architect or failure to provide information to Landlord required under this Schedule A in a timely manner; or (e) the request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request by Tenant for materials, finishes or installations requiring unusually long lead times (provided other than those included in Exhibit 2 attached hereto) which are not readily available at the time Landlord will request that is ready to install the General Contractor inform same; or (f) the failure by Tenant to pay in a timely manner any payment required to be made under this Schedule; or (g) any other unreasonable conduct of any long lead time items kind or nature relating to the completion of the Additional Premises and identify substitutes engaged in by Tenant. Landlord shall not be liable for such items as soon as reasonably possible);any damages caused by Tenant Delay. (viib) Tenant’s delay No act or omission which would otherwise constitute a Tenant Delay shall be considered a Tenant Delay unless Tenant has received one (1) business day's written notice that an act or omission that would constitute a Tenant Delay has occurred or is about to occur and such act or omission continues after such notice, in reviewing, revising which case the number of days following receipt of such notice shall be considered a Tenant Delay. Any such notice shall include an explanation as to how the act or approving plans and specifications beyond omission is causing or potentially causing the periods set forth herein;delay. (viiic) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to If the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs Substantial Completion Date (as defined in Section 5(d) paragraph 17 below) for more than 10 business days after such Excess TI Costs are required to shall be paid to Landlord; or (x) Any other act or omission delayed by Tenant or reason of any Tenant Party (as defined in Delay, the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord Substantial Completion Date shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.nevertheless be

Tenant Delay. Except as otherwise provided in If the Lease, Delivery date of Substantial Completion of the Premises Work shall occur when Landlord’s Work has be delayed due to any Tenant Delay (hereinafter defined), Substantial Completion shall be deemed to have been Substantially Completedachieved on the date that Substantial Completion would have been achieved, except but for such Tenant Delay, and the period of time of the delay shall be added to the extent that completion of Landlord’s Work time in which the Landlord may perform its obligations. The term ATenant Delay@ shall have been actually delayed by be defined as any one or more of the following causes (“Tenant Delay”):which actually delays the substantial completion of the Work: (i1) Delay in submission of Tenant’s Representative was not available to give 's plans or receive any Communication specifications or to take any other action giving approvals required to be taken by Tenant hereunder within a reasonable period for the preparation for, or execution of time (not to exceed 2 business days) after written request from Landlordthe construction of the Work; (ii2) Tenant’s request for changes Delays due to - (a) Changes made by or on behalf of Tenant in the Building Shell, whether or not such changes are actually performedApproved Plans; (iiib) The construction Postponement of any changes work at Tenant's request or postponement of any work because of any work to the Building Shell requested be performed by Tenant and agreed upon in advance of the Work (c) Delays resulting from interference with the Work by LandlordTenant, its agents, servants or employees; (ivd) Commercial unavailability of any materials necessary to complete a Change Order requested by Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any , provided that Landlord gave Tenant written notice of such unavailability prior to such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes Order if Landlord knew or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for reasonably should have known such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlordmaterials were unavailable; or (xe) Any other act failure of Tenant to comply with any of its obligations under this Lease. (3) Landlord shall deliver written notice to Tenant of any actual or omission by potential Tenant or any Tenant Party (as defined Delay, along with the increase in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any costs of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for improvements as a result of such Tenant Delay within 5 business days of its knowledge of said delay. Upon receipt by Tenant of such written notice of the occurrence of a delay under clause (2) above, the Tenant shall have the right to either withdraw such Change Order, or within 5 Business Days after receipt of such notice to substitute available materials or otherwise take such actions as may be necessary in order to avoid a Tenant Delay and/or to reduce such additional costs, provided the Tenant pays to the Landlord the net increase in cost caused by such substitution in accordance with Section 2(C) above. In any event, the construction of the Leased Property and such certified date the Building shall be deemed to be Substantially Completed (as hereinafter defined) when the Commencement Date Tenant occupies the Leased Property or any part thereof for purposes the conduct of business and not solely for the installation of Tenant’s obligation to pay Base Rentwiring, Operating Expenses, Excess TI Costs cabling and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesfixtures.

Tenant Delay. Except as otherwise provided Any of the following types of delay in the Lease, Delivery completion of the Premises shall occur when construction of Landlord’s TI Work has been Substantially Completed(but in each instance, except only to the extent that any of the following has actually and proximately caused substantial completion of Landlord’s TI Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”to be delayed): (i) Any delay resulting from Tenant’s Representative was not available failure to give furnish, in a timely manner, information reasonably requested by Landlord or receive by Landlord’s Project Manager in connection with the design, construction, or permitting of Landlord’s TI Work (including providing information required by the City in connection with obtaining any Communication governmental approvals), or from Tenant’s failure to take approve in a timely manner any other action required to be taken matters requiring approval by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from LandlordTenant; (ii) Any delay resulting from Tenant Change Requests initiated by Tenant’s request for changes , including any delay resulting from the need to the Building Shell, whether revise any drawings or not obtain further governmental approvals as a result of any such changes are actually performedTenant Change Request; (iii) The construction of any changes to the Building Shell requested Any delay caused by Tenant and agreed upon by (or Tenant’s contractors, agents or employees) materially interfering with the performance of Landlord;’s TI Work (including as a result of Tenant’s entry into the Premises in accordance with Section 5 of this Tenant Work Letter), provided that Landlord shall have given Tenant prompt notice of such material interference; or (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request Any delay caused by the requirement that the General Contractor inform install equipment on behalf of Tenant, which equipment is not a part of the Landlord’s TI Work; A Tenant of any long lead time items and identify substitutes for such items Delay as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; in items (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possiblei), but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs ii), (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Leaseiii), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of (iv), or as otherwise defined in this Tenant Work Letter or the foregoing reasonsLease, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall not be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) commenced until the date upon which the Premises is Delivered such time as Landlord has delivered written notice to Tenant with specifying the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise circumstances that constitute a Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesDelay.

Tenant Delay. Except as otherwise provided in If the Lease, Delivery substantial completion of the Premises Tenant Improvement Work is delayed (a “Tenant Delay”) as a result of (a) the failure of the Design Plans to comply with Law, or the failure of the Approved Construction Drawings to comply with Law as a result of the Design Plans or the programming information provided to Landlord by Tenant, during the Tenant Compliance Period (provided that the Review Period shall occur when Landlordnot be deemed to be a Tenant Delay); (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Work has been Substantially Completed, Letter or the Lease (including Tenant’s failure to pay any amount due to Landlord pursuant to the terms of Section 2.1(d) of this Work Letter); (d) any Revision (or Tenant’s request for any Revision) to the Approved Construction Drawings (except to the extent that completion such Revision results from any failure of Landlord’s Work shall have been actually delayed by any one or more of the following causes Landlord to comply with its obligations under Sections 2.1 and/or 3.3.3 above); (“Tenant Delay”): (ie) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request requirement for materials, components, finishes or installations requiring unusually long lead times (provided Landlord will request improvements that are not available in a commercially reasonable time given the General Contractor inform anticipated date of substantial completion of the Tenant of any long lead time items and identify substitutes for such items Improvement Work as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; in this Agreement; (viiif) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical change to the normal progression base, shell or core of the Project within Premises or Building required by a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of Tenant-requested Revision thereto; or (g) any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Party (as defined in Improvement Work is actually substantially completed, the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof Tenant Improvement Work shall be deemed to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify be substantially completed on the date on which the Tenant Improvements Improvement Work would have been Substantially Completed but for substantially completed if no such Tenant Delay had occurred. Tenant acknowledges and such certified date agrees that the Tenant Improvement Work may be performed during normal business hours before or after the Expansion Effective Date. Landlord and Tenant shall be deemed cooperate with each other in order to enable the Tenant Improvement Work to be performed in a timely manner and with as little inconvenience to the Commencement Date for purposes operation of Tenant’s obligation business as is reasonably possible. Notwithstanding any contrary provision of this Agreement, any delay in the completion of the Tenant Improvement Work or inconvenience suffered by Tenant during the performance of the Tenant Improvement Work shall not subject Landlord to pay Base Rentany liability for any loss or damage resulting therefrom or entitle Tenant to any credit, Operating Expensesabatement or adjustment of rent or other sums payable under the Lease, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesamended.

Tenant Delay. Except If Landlord is actually delayed in completing the Improvements as a result of (a) Any Changes requested by Tenant (to the extent the delay is set forth in an executed Change Order), (b) Any Changes to the Landlord’s Work required by unusual specialized requirements in the TI Construction Documents, other than changes to the Landlord’s Work relating to compliance with applicable laws obligations that are solely Landlord’s responsibility, pursuant to the express terms of this Work Letter, (c) A Tenant Delay as set forth in Section 2.7(g) of this Work Letter or Tenant's failure to otherwise provided comply with the time deadlines expressly set forth in this Work Letter, (d) Tenant’s failure to timely approve any matter requiring Tenant’s approval (provided, however, that Tenant’s failure to timely approve such matter will not be deemed a Tenant Delay if Tenant disapproved such matter because Tenant determined that the items submitted to Tenant were deficient [for example, if the proposed Construction Documents did not reflect a logical extension of the approved Schematics]), (e) Tenant’s rejections of Landlord’s submissions without reasonable basis or unreasonable requests by Tenant for clarifications or revisions in such submissions, (f) hindrance or disruption of the Contractors’ work resulting from the performance of the Tenant’s Work, if any, (g) Any other acts or omissions of Tenant, or its agents, or employees which actually delays the Substantial Completion, (h) Landlord requests Tenant’s approval for any matter specified in this Work Letter (including, without limitation, approval of: design professionals pursuant to Section 2.2; the Pre-Construction Cost Estimate pursuant to Section 2.4; the Schematics pursuant to Section 2.7(a); the Construction Document Packages pursuant to Section 2.7(b); and the Contractors and the Cost Estimate pursuant to Section 3.2) and: (i) Tenant does approve such matter or respond with a reasonable basis for disapproval within the applicable time period set forth in this Work Letter or (ii) if Tenant has timely responded to such request with a reasonable basis for disapproval, then, if Landlord submits a Subsequent Request that addresses Tenant’s original reasonable basis for disapproval, Tenant does not approve such Subsequent Request within five (5) business days after such Subsequent Request, (i) delay or hindrance in obtaining any occupancy certificates or other permits for the Improvements as a result of Tenant’s Work, (j) Tenant’s failure to timely make a deposit into the TI Account, failure to timely make a payment of Tenant’s Contribution, or other failure to pay when due all amounts payable by Tenant pursuant to this Work Letter, (k) Tenant’s material breach of the Lease, Delivery including without limitation its obligations under this Work Letter, (l) Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Premises Tenant Improvements, as set forth in the Progress Schedule in the amount of time specified by Landlord at the time it approves the same, or (m) any other circumstance which is deemed or stated herein or in the Lease to constitute a Tenant Delay hereunder; then any such delay under the foregoing clauses shall occur when Landlord’s Work has been Substantially Completed, except be a “Tenant Delay” to the extent that completion of Landlord’s Work shall have been Landlord is actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications Substantial Completion beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression Estimated Date of the Project within Substantial Completion as a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any result of such persons that continues for more than 1 business day after Landlord’s notice thereof to action of Tenant. If Delivery is delayed for any of the foregoing reasonsa Tenant Delay occurs, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date Term Commencement shall be deemed to be the Commencement Date date that Substantial Completion of the Improvements and delivery of the Premises to Tenant in the required condition would have occurred but for purposes of the Tenant Delay (such date will be reasonably determined by Landlord in consultation with the Architect and the General Contractor). Notwithstanding the foregoing, except with respect to a Tenant Delay due to Tenant’s obligation failure to pay Base Rentcomply with time deadlines expressly set forth in this Work Letter or a circumstance which is deemed to constitute a Tenant Delay hereunder, Operating Expenses, Excess TI Costs no Tenant Delay shall be deemed to have occurred unless and TI Rent; however, until Landlord has delivered notice of the event or circumstance that Landlord determines is a Tenant will not have any obligation Delay and Tenant has failed to pay any amounts to third parties pursuant to the Lease cure such event or circumstance within one (and will not occupy the Premises1) until business day following the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon requestof delivery of such notice; provided, however, Landlord shall advise have no obligation to give notice of a Tenant Delay as a condition to the occurrence thereof in the event such Tenant Delay arises from Tenant’s failure to take a specified action within a time period expressly required by the terms of this Work Letter. Promptly after a Tenant Delay in accordance with the foregoing occurs, Landlord shall deliver to Tenant a revised Progress Schedule reflecting the Tenant Delay and the new Estimated Date of Substantial Completion. Furthermore, if Tenant fails to make any materialspayment due in this Work Letter within the period required by this Work Letter (a "“Contribution Failure”), finishes then (in addition to any other remedies available to Landlord in this Work Letter or installations which are required elsewhere in the Lease) (x) Landlord may, after five (5) business days’ prior written notice to Tenant, stop construction (including any pre-construction work) of the Improvements until such payment is made by Tenant or, if applicable, the TI Account is funded by Tenant in accordance with this Work Letter and any resulting stoppage shall be a Tenant Delay to the extent that Landlord is actually delayed in Substantial Completion beyond the Estimated Date of Substantial Completion as part a result thereof, (y) Tenant's failure on the first or second occasion to timely make such payment where such failure shall continue for a period of any Change Request that will result five (5) days after notice from Landlord of such delinquency shall be an event of default under the Lease and (z) Tenant's failure on a third occasion to timely make such payment shall be an event of default under the Lease. If Landlord stops construction due to a Contribution Failure, Tenant shall be responsible for all costs in unusually long lead timesconnection with remobilizing the Contractors and recommencing construction.

Tenant Delay. Except as otherwise provided in As used herein, the Lease, Delivery of the Premises term “Tenant Delay” shall occur when Landlord’s Work has been Substantially Completed, except mean any delays to the extent that completion Substantial Completion of Landlord’s Work shall have been actually delayed by arising as a result of any one or more of the following causes (collectively, “Tenant DelayDelays”): ): (ia) Tenant’s Representative was not available failure to give comply with Tenant’s obligations under the Lease or receive this Work Letter, including Tenant’s failure to act on any Communication items required by this Work Letter, within the applicable time period(s) provided in the Lease or to take any other action required to be taken by Tenant hereunder within a reasonable period of time this Work Letter; (not to exceed 2 business daysb) after written request from Landlord; Change Orders; (iic) Tenant’s request for changes failure to comply with, or interference with, Landlord’s Contractor’s schedule; (d) the Building Shellacts or omissions of Tenant, whether or not such changes are actually performed; the Tenant Parties (iii) The construction of any changes including, without limitation, failure to comply with its obligations under the Building Shell requested by Tenant Lease and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that this Work Letter within the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; , and failure to make any monetary deposit (viiior increase in the Letter of Credit) within the time required hereunder for such deposit); (e) the performance of Tenant’s Work (or installation of cabling or furniture pursuant to the Lease) while Landlord’s Work is being performed; (f) Tenant’s delay failure to respond to any request for consent or approval of any change in providing Landlord’s Plans or Landlord’s Work or to any information that is reasonably required to come change in any plans and specifications therefor resulting from Tenant which is critical to the normal progression any requirement of the Project City of Mountain View or from any change thereto requested by Tenant, or to otherwise act within a reasonable period of the time after request. Tenant shall provide provided for herein for such information as soon as reasonably possibleconsent, but in approval, response or action, or, if no event longer than one week such time is provided for herein, within two (2) Business Days after receipt of any Landlord’s request, or (g) construction of the Sky Bridge, to the extent Landlord has used commercially reasonable, good faith efforts to avoid such delay in Landlord’s Work related to the Sky Bridge. Any period of Tenant Delay shall begin on (i) the date specified in Landlord’s written request for consent or approval provided such information from Landlord; request contains the caption “TENANT’S FAILURE TO RESPOND WITHIN (ix_) Tenant’s delay BUSINESS DAYS SHALL RESULT IN THE COMMENCEMENT OF A PERIOD OF TENANT DELAY” in making payments bold face, 12-point type and with the applicable number of Business Days inserted, or (ii) as to Landlord for Excess TI Costs any other Tenant Delay not covered by request specified in clause (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Leasei), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Landlord gives Tenant Improvements would have been Substantially Completed but for such written notice that a Tenant Delay and such certified date shall be deemed to be has occurred (which notice must contain the Commencement Date for purposes of Tenant’s obligation to pay Base Rentcaption “NOTICE OF TENANT DELAY” in bold face, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times12-point type).

Tenant Delay. Except as otherwise provided in In the Lease, Delivery event of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): (i) Tenant’s Representative was not available to give or receive any Communication or to take any other action required to be taken by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes to the Building Shell, whether or not such changes are actually performed; (iii) The construction of any changes to the Building Shell requested by Tenant and agreed upon by Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date Substantial Completion shall be deemed to be the Commencement Date date Substantial Completion would have occurred but for purposes Tenant Delays. Landlord shall have no obligation to expend any funds, employ any additional labor, contract for overtime work, or otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant’s failure to comply with any of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes and such change delays Substantial Completion provided the Selected Contractor advised Tenant and Landlord of such delay prior to the authorization of the Change Order by Landlord and Tenant; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations provided Landlord advised Tenant that any such improvements, materials, finishes, or installations would cause a delay as part of Landlord’s review and approval of the CD’s and/or and Approved Changes; (iv) Tenant’s or its contractors’ unreasonable interfere with the work of Landlord or the Selected Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant’s installation of Tenant’s obligation Equipment and such interference delays Substantial Completion; (v) delays caused by any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to pay Base Rentinclude items or improvements not typically found in Class A Projects; or (vi) any other Tenant-caused delay. Notwithstanding the foregoing, Operating Expenses, Excess TI Costs there shall be no Tenant Delay under clauses (ii) through (vi) above unless and TI Rent; however, until Landlord has provided Tenant’s Representative with written notice of such potential Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially CompleteDelay. Upon request, Landlord shall advise use commercially reasonable efforts to provide Tenant’s Representative with written notice regarding any potential or actual Tenant Delay Landlord is aware of any materials, finishes or installations which are required as part within two (2) business days after Landlord becomes aware of any Change Request that will result in unusually long lead timessuch delay.

Tenant Delay. Except as otherwise provided Notwithstanding any provision herein or in the LeaseLease to the contrary, the Landlord Delivery of the Premises shall occur when Date for Landlord’s Work has been Substantially Completedand the Commencement Date shall in no event be delayed or extended by any “Tenant Delay” or Change Order Delay, except and each such date (as applicable) shall be deemed to have occurred on the day that each such date (as applicable) would have occurred but for any intervening Tenant Delay or Change Order Delay. Without limitation of the facts or circumstances also agreed by the parties herein or in the Lease to constitute “Tenant Delay,” “Tenant Delay” shall also mean and include but not be limited to delays resulting from changes, revisions or supplements to the extent that completion scope of Landlord’s Work shall have been actually delayed or Tenant Work requested by Tenant; Tenant’s failure to provide information, materials, documents, plans or specifications, or to furnish Tenant’s cooperation as required by Landlord in connection with Landlord’s Work or Tenant Work within the required time periods, including Tenant’s initial submission of Tenant Plans; delays in the preparation, finalization or approval of the Tenant Plans caused by Tenant or its architect, contractors, authorized representative, agents or employees; delays caused by modifications, revisions or changes to Tenant Plans caused or required by Tenant or its architect, contractors, authorized representative, agents or employees, or by any one state or more municipal authority (including, without limitation, modifications, revisions or changes required to Tenant Plans or Landlord’s Plans upon presentation of Tenant Plans (or revisions thereto) for permitting; delays in the following causes (“delivery or installation of any special, long-lead or non-standard items specified by Tenant; or delays caused by delivery, installation or completion of any Tenant Delay”): (i) finish work performed by Tenant’s Representative was not available to give contractors; or receive any Communication or to take any other action required to be taken delay caused by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; (ii) Tenant’s request for changes or its architect, contractors, representatives, agents or employees. Notwithstanding anything in this Section G to the Building Shellcontrary, whether or not such changes are actually performed; (iii) The construction of any changes with regard to those Tenant Delays which, pursuant to the Building Shell requested by Tenant and agreed upon by express provisions of this Work Letter, shall not be assessed or be deemed to have occurred in the absence of Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any notice, Landlord agrees to furnish such Change Requests are actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items notice as soon as reasonably possible); (vii) practicable after Landlord shall have actual knowledge of the facts or circumstances giving rise thereto; the parties agreeing that such notice may be delivered telephonically or by facsimile transmission to Tenant’s delay in reviewing, revising or approving plans and specifications beyond representative. In the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression of the Project within a reasonable period of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease)Delay or Change Order Delay shall occur, or persons employed by any substantial completion of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and such certified date shall be deemed to be the Commencement Date for purposes of Tenant’s obligation to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord and Tenant Work shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead times.be deemed to

Tenant Delay. Except as otherwise provided “Tenant Delay” means any delay which Landlord may encounter in the Lease, Delivery of the Premises shall occur when Landlord’s Work has been Substantially Completed, except to the extent that completion performance of Landlord’s Work shall have been actually delayed by any one or more of the following causes (“Tenant Delay”): obligations under this Lease (i) Tenant’s Representative was not available to give or receive as the direct result of any Communication or to take any other action required to be taken breach by Tenant hereunder within a reasonable period of time (not to exceed 2 business days) after written request from Landlord; its obligations under this Lease or (ii) by reason of any negligence or wrongful act or omission of any nature of Tenant’s request for changes , its Affiliates, Related Service Providers occupying all or any part of the Premises, the Tenant Group or any of their agents, employees, contractors or invitees. Tenant shall pay to Landlord any costs or expenses incurred by Landlord by reason of any Tenant Delay which are in excess of the costs and expenses which Landlord would have incurred had the Tenant Delay not occurred. Landlord shall give Tenant notice of any alleged Tenant Delay which is actually known to the Building Shell, whether or not such changes are actually performed; (iii) The construction of manager. During any changes to period that the Building Shell requested by Tenant and agreed upon by manager or Landlord; (iv) Tenant’s request for Change Requests (as defined in Section 4(a) below) whether or not any such Change Requests are construction supervisor, if any, actually performed; (v) Construction of any Change Requests; (vi) Tenant’s request for materials, finishes or installations requiring unusually long lead times (provided Landlord will request that the General Contractor inform Tenant of any long lead time items and identify substitutes for such items as soon as reasonably possible); (vii) Tenant’s delay in reviewing, revising or approving plans and specifications beyond the periods set forth herein; (viii) Tenant’s delay in providing any information that is reasonably required to come from Tenant which is critical to the normal progression knows of the Project within a reasonable period Tenant Delay, no Tenant Delay shall be deemed to exist until the later of time after request. Tenant shall provide such information as soon as reasonably possible, but in no event longer than one week after receipt (i) the actual commencement of any request for such information from Landlord; (ix) Tenant’s delay in making payments to Landlord for Excess TI Costs (as defined in Section 5(d) below) for more than 10 business days after such Excess TI Costs are required to be paid to Landlord; or (x) Any other act or omission by Tenant or any Tenant Party (as defined in the Lease), or persons employed by any of such persons that continues for more than 1 business day after Landlord’s notice thereof to Tenant. If Delivery is delayed for any of the foregoing reasons, then Landlord shall cause the TI Architect to certify the date on which the Tenant Improvements would have been Substantially Completed but for such Tenant Delay and (ii) fifteen days prior to (or in the case of an alleged Tenant Delay in connection with Sections 1.03(e) and (g), five days prior to) the date Landlord shall have given Tenant such certified date notice of Tenant Delay. Notwithstanding the immediately preceding sentence, (i) during any period of time that the Tenant Delay is unknown by the Building manager and Landlord’s construction supervisor, if any, such Tenant Delay shall be deemed to exist notwithstanding that no notice thereof has been delivered by Landlord to Tenant and (ii) any Tenant Delay in connection with Section 1.03(b) shall be the Commencement Date for purposes of deemed to exist notwithstanding that no notice thereof has been delivered by Landlord to Tenant’s obligation . Any dispute with respect to pay Base Rent, Operating Expenses, Excess TI Costs and TI Rent; however, Tenant will not have any obligation to pay any amounts to third parties Xxxxxx Xxxxx may be resolved by arbitration pursuant to the Lease (and will not occupy the Premises) until the date upon which the Premises is Delivered to Tenant with the Landlord’s Work Substantially Complete. Upon request, Landlord shall advise Tenant of any materials, finishes or installations which are required as part of any Change Request that will result in unusually long lead timesSection 9.03 hereof.