Common use of Tenant Plan Excess Costs Clause in Contracts

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to the Lease as being paid for by Landlord (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, the Tenant Plan Excess Costs prior to the commencement of the Landlord’s Work. EXHIBIT B-2 Plans Boston Properties Proteon Therapeutics Tenant Work Letter 000 Xxxx Xxxxxx DELINEATION OF Proteon Therapeutics TURN-KEY MATRIX May 21, 2009 Turn- Key Tenant Element Description Scope Cost Demo Finish Carpentry Doors & Frames Existing Office Doors to Remain As-Is X Install New Wood Doors PM Frames And Sidelight In New Offices (4) To Match Existing X Install New Passage Sets On New Offices X Drywall Build (4) New Offices Along Perimeter Wall (Fl To ACT Ceiling) X Acoustic Ceilings Kerf Existing Ceiling Tile Around New Walls To Accommodate New Layout. X Flooring Install New Vinyl Wall Base In 4 New Offices X Wall Finishes Paint Wall In 4 New Offices (2 Coats) X Turn-Key Tenant Element Description Scope Cost Equipment/Specialties Equipment/Specialties cont. Fire Extinguishers As Required by Code X Signage Building Directory X Fire Protection Relocate/Add Fire Sprinkler Heads To Accommodate New Layout X New Fire Horn/Strobe Units To Accommodate New Layout X Plumbing HVAC Relocate/Add New Ductwork And Diffuser To Accommodate New Layout X Electrical Existing Light Fixtures/Wall Switches And Outlets Will Remain As-is In Existing Offices X Install New Or Relocate Existing 2’X4’ Parabolic Light Fixtures To Accommodate New Layout X Install (1) New Wall Switch Per New Office X Exist Signs/Fire Alarm Devices as Required by Code X Turn-Key Tenant Element Description Scope Cost Install (2) New Outlets In 4 New Offices X Telecom/Security Design of Tel/Data/Furniture X Tel/Data Cabling And Final Connections X Telecom/Security cont. Tel/Data Equipment And Permit X Design Services Design for Turnkey Scope X Life/Safety Engineering for Fire Protection & Fire Alarm Modification if Required by Code X EXHIBIT C Intentionally Omitted Exhibit C EXHIBIT D LANDLORD SERVICES

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to hereto and the Lease costs of any items of work shown as a “Tenant Cost” on Exhibit B-2 (by virtue of an “X” being paid for by Landlord noted in the Tenant Cost column) (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, 50% of the Tenant Plan Excess Costs prior to the commencement of the Landlord’s Work, with the balance of the Tenant Plan Excess Costs due upon substantial completion of the Landlord’s Work; provided, however, that in the event that the Tenant Plan Excess Costs exceed $10,000.00 (the “Maximum Amount”), then Tenant shall pay to Landlord, as Additional Rent, at the time that Tenant approves any Change Order that causes the Tenant Plan Excess Costs to exceed the Maximum Amount, all Tenant Plan Excess Costs in excess of the Maximum Amount. EXHIBIT B-2 Plans PLANS AND TURNKEY MATRIX Boston Properties Proteon Therapeutics Tenant Work Letter 000 Xxxx Xxxxxx DELINEATION OF Proteon Therapeutics DATE 6 15/2018 Tenant: F low Expansion Delineation of Base Building Core Shell Work and Tenant Work Based on Fit Plan dared 5 /15 /18 ELEMENT DESCRIPTION TURN-KEY MATRIX May 21SCOPE TENANT COST Demolition Minor demolition of any existmg floor, 2009 Turn- Key Tenant Element Description Scope Cost Demo Finish Carpentry walls, finishes or cfiling as needed to construct per the plans. X Doors & Frames Existing Office F&I (1) new paint grade door for existing server room X Existmg Doors to Remain AsRemam - (1) Man day of existmg door touch-Is up X Install New Wood Doors PM Frames And Sidelight In New Offices (4) To Match Tile Existing X Install New Passage Sets On New Offices tile at tenant entry to remam X Drywall Build (4) New Offices Along Perimeter Wall (Fl To ACT Ceiling) X Acoustic Ceilings Kerf Existing Ceiling Tile Around New Walls To Accommodate New Layout. X Flooring Install New Vinyl Wall Base In 4 New Offices X Wall Finishes Paint Wall In 4 New Offices (2 Coats) X Turn-Key Tenant Element Description Scope Cost Equipment/Specialties Equipment/Specialties cont. Fire Extinguishers As Required by Code X Signage Building Directory X Fire Protection Relocate/Add Fire Sprinkler Heads To Accommodate New Layout X New Fire Horn/Strobe Units To Accommodate New Layout X Plumbing HVAC Relocate/Add New Ductwork And Diffuser To Accommodate New Layout X Electrical Existing Light Fixtures/Wall Switches And Outlets Will Remain As-is In Existing Offices X Install New Or Relocate Existing 2’X4’ Parabolic Light Fixtures To Accommodate New Layout X Install (1) New Wall Switch Per demising wall near new tenant entry X GWB patching throughout expansion space X Resilient Flooring Vinyl base throughout expansion space X L\T flooring at Kitchen m expansion space X Carpet New Office carpet at demolished kitchen & throughout expansions space (Wildstyle Robus About 983) X Exist Signs/Paintins GWB partitions in expansion space X Equipment Specialties Kitchen: (1) Dishwasher & (1) Under Counter Refrigerator X Fire extinguishers and cabinets, per code X Fire Protection Adjust existmg sprinkler heads to accommodate new layout per NFPA 13 and plans X HVAC Balance existmg equipment X All supplemental systems X Electrical Existmg lighting tixnires to remam X Fire Alarm Devices Relocated fire alarm dev ices as Required by Code required tied mto existmg FA panel X Turn-Key Telecom/ Security Tel data cablmz and final connections X Tel data equipment X Tenant Element Description Scope Cost Install (2) New Outlets In 4 New Offices Space Security System X Telecom/Security Other Design of Tel/Data/Furniture X Tel/Data Cabling And Final Connections X Telecom/Security cont. Tel/Data Equipment And Permit X Design Services Design for Turnkey Scope X Life/Safety Engineering for Fire Protection & Fire Alarm Modification if Required by Code and F&l ot all FFE X EXHIBIT C Intentionally Omitted Exhibit C EXHIBIT D LANDLORD SERVICESDECLARATION AFFIXING THE EXPANSION PREMISES COMMENCEMENT DATE THIS AGREEMENT made this day of , 2018, by and between BP BAY COLONY LLC, a Delaware limited liability company (hereinafter “Landlord”), and ELOXX PHARMACEUTICALS, INC., a Delaware corporation (hereinafter “Tenant”).

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work to be performed by Landlord not shown on Exhibit B-2 attached to the Lease and the costs of any items of work shown as a “Not Included in Turn-Key” on Exhibit B-2 (by virtue of an “X” being paid for by Landlord noted in the “Not Included in Turn-Key” column) (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, the 100% of such Tenant Plan Excess Costs prior to the commencement of the Landlord’s Work; provided, however, that if Tenant Plan Excess Costs increase as a result of a Change Order, then Tenant shall pay to Landlord, as Additional Rent, at the time Tenant approves such Change Order in accordance with Section 1.1(A)(2), all such increased Tenant Plan Excess Costs. EXHIBIT B-2 Plans TEST FIT PLAN AND TURNKEY MATRIX Boston Properties Proteon Therapeutics Tenant Work Letter 000 Xxxx Xxxxxx Xxxxxxx Xxxxxx, 00xx XX Per Test-Fit dated on 5/1/2018 DELINEATION OF Proteon Therapeutics TENANT IMPROVEMENT TURN-KEY MATRIX May 21, 2009 Turn- Key Tenant SCOPE Element Description Turn - Key Not Included Scope Cost Demo Finish Carpentry Doors & Frames in Turn-Key Demolition Existing Office Doors ceiling tiles to Remain Asremain unless affected by demo work, or in an area there will be exposed ceiling. X Remove existing drywall, doors, frames and hardware as needed to accommodate new build out. See attached plan for reference. X Doors/Frames/Har dware Supply (reuse existing) and install building standard single doors and frames with hardware as necessary. X Supply and install (2) sets of bi-Is fold closet doors with hardware. [If necessary] X Install New Wood Doors PM Frames And Sidelight In New Offices We plan to re-use all existing doors and hardware, but will supply and install door /frame/hardware as needed to accommodate new build out. X Supply and install passage set for each new office, new conference rooms, and storage rooms along with (41) To Match Existing standard lockset for wellness room. X Install New Passage Sets On New Offices Supply and install glass sidelights to match Boston Properties standard issue. X Drywall Build new demising walls (4floor to deck) New Offices Along Perimeter Wall with insulation for all new conference and training rooms. X Build new walls (Fl To ACT Ceilingfloor to 6” above ceiling) for new offices and misc. wall installations. X Build demising walls to separate from adjacent suites. X Boston Properties Tenant Work Letter 000 Xxxxxxx Xxxxxx, 00xx XX Per Test-Fit dated on 5/1/2018 DELINEATION OF TENANT IMPROVEMENT TURN-KEY SCOPE Element Description Turn - Key Not Included Scope in Turn-Key Acoustic Ceilings Kerf Existing Ceiling Tile Around New Walls To Accommodate New Layoutceiling tile and grid to remain, patch where required to accommodate new layout. X Exposed Ceiling concept in reception/pantry/kitchenette area X Flooring Supply and Install New Vinyl Wall Base In 4 New Offices new building standard carpet within the workstation area, new LVT in the circulation area, and standard BP issue polished concrete in the reception area. We will also supply wall base throughout the premises. X Supply and install new building standard VCT storage and server rooms with wall base. X Wall Finishes New building standard paint throughout the premises X Idea Paint Wall In 4 New Offices on walls per the attached plan (2 Coats) reflects 6 walls). X Paint Frames throughout the premises [if necessary] X Equipment/ Specialties Appliances, projection screens. AV equipment, etc. X Fire Protection Relocate sprinkler heads and horn/strobe units as required per code X HVAC Relocate diffusers and ductwork as required to accommodate new layout. X Supply and install exhaust fan in new conference rooms where/if necessary. X Air balancing where necessary. X Boston Properties Tenant Work Letter 000 Xxxxxxx Xxxxxx, 00xx XX Per Test-Fit dated on 5/1/2018 DELINEATION OF TENANT IMPROVEMENT TURN-KEY SCOPE Element Description Turn - Key Not Included Scope in Turn-Key Tenant Element Description Scope Cost Equipment/Specialties Equipment/Specialties contElectrical Supply and install building standard ceiling mounted indirect light fixtures as needed to accommodate new build out. Fire Extinguishers As Required by Code X Signage Building Directory Reuse existing floor cores for open space area. X Fire Protection Relocate/Add Fire Sprinkler Heads To Accommodate New Layout X New Fire Horn/Strobe Units To Accommodate New Layout X Plumbing HVAC Relocate/Add New Ductwork And Diffuser To Accommodate New Layout X Electrical Existing Light Fixtures/Wall Switches And Outlets Will Remain As-is In Existing Offices X Install New Or Relocate Existing 2’X4’ Parabolic Light Fixtures To Accommodate New Layout X Install (1) New Wall Switch Per New Office X Exist Signs/Fire Alarm Devices Supply and install motion sensors in open area and offices as Required by Code X Turn-Key Tenant Element Description Scope Cost Install (2) New Outlets In 4 New Offices X Telecom/Security Design of Tel/Data/Furniture X Tel/Data Cabling And Final Connections X Telecom/Security contneeded to accommodate new build out. Tel/Data Equipment And Permit X Design Services Design for Turnkey Scope X Life/Safety Engineering for Fire Protection & Fire Alarm Modification if Required by Code X EXHIBIT C Intentionally Omitted Exhibit C EXHIBIT D LANDLORD SERVICESX

Tenant Plan Excess Costs. Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to the Lease First Amendment and the costs of any items of work shown as a “Tenant Cost” on Exhibit B-2 (by virtue of an “X” being paid for by Landlord noted in the Tenant Cost column) and Change Order Costs (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay reimburse Landlord, as Additional Rent, the Tenant Plan Excess Costs prior to the commencement within ten (10) days of the Landlord’s Workbilling therefor. EXHIBIT PLANS AND TURNKEY MATRIX [LOGO] FINAL Exhibit B-2 Plans PLANS AND TURNKEY MATRIX Exhibit B-2-1 [LOGO] FINAL Boston Properties Proteon Therapeutics TENANT WORK LETTER 2/4/2015 Location: CRA- 25th Floor JHT [ILLEGIBLE] of Landlord Work and Tenant Work Letter 000 Xxxx Xxxxxx DELINEATION OF Proteon Therapeutics work Fit Plan by IA dated 1.28.15 ELEMENT DESCRIPTION TURN-KEY MATRIX May 21, 2009 Turn- Key SCOPE TENANT COST Demolition Remove rolls and flooring as necessary for reconfiguration X Misc Metate Support for operable partitions X Support for Tenant Element Description Scope Cost Demo UPS X Finish Carpentry Furniture assumed throughout by tenant X Reuse all existing millwork at kitchen X 7 if of L P.Larn cabinets w P.Larn counter at Copy Room X Coat closets rods & shelves Existing to Reman (2) X Add Adjustable wall shelves X Doors & FramealGlass Tenant Entry Door- Existing Door with grass to Deign to remain X New egress doors- Reuse it possible, otherwise provide 2 rated doors X Standard paint grade doors- Reuse if possible, new where necessary X Solid wood Frames Existing Office X If possible to reuse existing office glass sidelights, will do so at two conference rooms but X Otherwise no sidelights Any and at Glass Doors to Remain As-Is X Install New Wood Doors PM Frames And Sidelight In New Offices (4) To Match Existing X Install New Hardware Passage Sets On New Offices Only-al looking hardware by tenant X Drywall Build (4) As new partitions will be to 6th above ceiling X Full height partition at conference rooms X New Offices Along Perimeter Wall (Fl To ACT Ceiling) Drywell Castings X Acoustic Ceilings Kerf Existing Ceiling Tile Around Callings New Walls To Accommodate New Layout. 2x2 ACT System throughout Flooring Carpet within space (Allowance $30/yard) - Should tenant wish to match existing carpet on X Floors 9 and 10, any cost above $30/yard is a tenant cost X VCT at copy and kitchen X Vinyl Base X X Other Flooring Install New Vinyl Wall Base In 4 New Offices X Wall Finishes Paint walls (latex) throughout X Paint Doors Frames X Paint Scris Callings X Wall In 4 New Offices (2 Coats) Coverings- other X Turn-Key Tenant Element Description Scope Cost Equipment/Specialties Equipment/Specialties cont. Wood Fabric Paneling X Equipment Specification Projection Screens X Marker boards X Appliances X Fire Extinguishers As Required by Code X Signage Building Directory Other Storages (interior) X Fire Protection Relocate/Add Fire Sprinkler Heads To Accommodate New Layout Standpipe risers X Sprinkles Loop X Finished Sprinter design and heads X Pre-Action System and other special systems X Plumbing Core Toilet Rooms- ETR X Kitchenette Sink- ETR X HVAC Separate and reconfigure existing systems Medium Pressure Ductwork (MPD) X Re-use existing interior VAV Boxes X Low Pressure Duct work for new interior layout X One 1 1/2 ton unit for the IDF room X Any additional cooling X DOC controls for PIUS X Exhibit B-2-2 [LOGO] FINAL Electrical Electrical to be pro-rate: sub-metering excluded X New Fire Horn2x2 direct/Strobe Units To Accommodate New Layout indirect throughout. No specialty lighting. X Plumbing HVAC Relocate/Add New Ductwork And Diffuser To Accommodate New Layout Additional Lighting X Electrical Existing Light Fixtures/Wall Switches And Outlets Will Remain As-is In Existing Offices X Install New Or Relocate Existing 2’X4’ Parabolic Light Fixtures To Accommodate New Layout X Install (1) New Wall Switch Per New Office X Exist Signs/Exit Signs Fire Alarm Devices X 14 new duplex outlets throughout included dedicate (below)- reuse if possible X Workroom- 2 dedicated outlets X Whips as Required by Code needed for furniture per pan dated 1.28.15 X Turn-Key Tenant Element Description Scope Cost Install (2) New Outlets In 4 New Offices Cable TV X Floor Outsets with power and tel data X Furniture Connections X Telecom/Security Design of Tel/Datadata/Furniture AV/Tumiture X One ring and string at required connections X Tel/Data Cabling And Final Connections data cabling and final connections X Telecom/Security cont. Tel/Data Equipment And Permit data equipment X AV equipment X Furniture purchase and Instal X Tenant Card readers X Design Services Design for Turnkey Scope scope X Life/Safety Engineering Design for Fire Protection & Fire Alarm Modification if Required by Code non- turnkey scope X EXHIBIT C Intentionally Omitted Other All existing appliances to remain - any new appliances X New Structural Film as needed X New Base Budding Manual Shades X Exhibit C EXHIBIT D LANDLORD SERVICESB-2-3