Common use of Substantial Completion Clause in Contracts

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. The work shall be deemed substantially completed (For purposes of the Lease, “Substantial Completion”" of the Lease Improvements and Tenant Improvements shall occur upon: (a) completion of construction of the Lease Improvements and Tenant Improvements in the Premises, as certified in writing by the Architect with written approval by the Tenant Rep (with such certification and approval delivered to Landlord and Tenant), with the exception of any punch-list items (together with agreement for the purposes timing of completion of such punch-list items) and any Tenant fixtures, workstations, built-in furniture, or equipment to be installed by Tenant or under the supervision of the Contractors, all as verified by Tenant Rep which verification shall occur as soon as reasonably practicable in a commercially reasonable manner following Txxxxx’s receipt of written notice from Landlord that the Premises are ready for a final walk-through in order to confirm completion and the content of the punch-list and completion of Tenant’s walk-through; (b) Landlord’s assignment of warranties and guaranties described in Section 3.2 of this Paragraph 5Work Letter and delivery of same to Tenant; (c) Landlord and Tenant have received all appropriate permits, notwithstanding certification and approvals from all governmental authorities regarding completion of the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Lease Improvements and Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent such permits and approvals are required for Tenant’s use and occupancy as evidenced by a final certificate for the permanent occupancy thereof or a temporary certificate of occupancy (without conditions other than conditions relating to matters that are set forth in the punch list); (d) evidence that the costs of the Premises, Leasehold Improvements have been issued paid; and (e) receipt by Tenant of a conditional lien waiver from the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of contractor under the Tenant Improvements resulting from: any request by Construction Contract that is conditioned only upon payment of the Prepaid Rent; it being understood that Lxxxxxxx agrees to furnish a final lien waiver from such contractor not later than 10 days after Lxxxxxxx receives the Prepaid Rent. Landlord agrees, notwithstanding Tenant’s payment of Prepaid Rent, to withhold from Contractor, a sum equal to the cost of the work and materials set forth on the foregoing punch-list and to pay such sum to Contractor only as, when, and to the extent the work corresponding thereto is completed to the approval of Tenant and Tenant has notified Landlord thereof in writing (such approval not to be unreasonably withheld, delayed, denied, or conditioned); provided, however, that Landlord delay is not required to breach the terms of the corresponding construction contract. Landlord and Tenant shall cooperate reasonably in connection with the completion of any of such punch-list work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. The work terms “substantial completion,” “Substantial Completion,” “Substantially Complete,” “Substantially complete” and words of similar import (whether or not spelled with initial capitals) as used in the Amendment shall mean the date of substantial completion of the Expansion Space Tenant Improvements pursuant to the Working Plans (as amended by any Change Orders) such that Tenant may commence the installation of any of Tenant’s equipment and occupy the Expansion Space for the conduct of its business (subject to the completion of any additional construction to be performed by Tenant). The Expansion Space Tenant Improvements shall be deemed substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, complete notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment adjustments or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items decorations which do not materially interfere with Tenant’s use and enjoyment of the Premises Expansion Space remain to be performed (items normally referred to as contemplated and permitted under “punch list” items). Certification by the Lease, and (ii) a Certificate of Occupancy for the Premises has, Architect as to the extent required for substantial completion of the Expansion Space Tenant Improvements shall be conclusive and binding upon Landlord and Tenant’s . By taking occupancy of the PremisesExpansion Space, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on accepted the date Expansion Space Tenant Improvements as substantially complete, except for any latent defects in the Expansion Space Tenant Improvements and except that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on within five business days after entering into possession of the Commencement Date under Expansion Space, provide Landlord with a list of incomplete and/or corrective items present in the Lease, pay Expansion Space Tenant Improvements and subject to Landlord an amount equal to one (1) day of Base Rental multiplied reasonable discovery by the number of days of Tenant. Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost shall give written notice to Landlord of discovery of any latent defects in the construction of the Expansion Space Tenant Improvements is increased within five business days of discovery of any such defect and in no event later than one year following the date of substantial completion of the Expansion Space Tenant Improvements. Landlord shall diligently complete, as soon as reasonably possible, all punch list items and adjustments that are not completed upon substantial completion of the Expansion Space Tenant Improvements. Landlord shall diligently complete, as soon as reasonably possible following Tenant’s notice thereof, the repair of any way by a latent defects in the Expansion Space Tenant Delay, Improvements if Tenant shall also pay gives notice of such defects to Landlord on within one year following the date of substantial completion of the Expansion Space Tenant Improvements. The Expansion Space Commencement Date shall not be delayed because of the additional cost so incurredexistence of uncorrected punch list items.

Substantial Completion. (a) The work Landlord’s Work shall be deemed substantially complete on the first day as of which Landlord’s Work has been completed and Landlord has received a permanent or temporary certificate of occupancy (“Substantial Completion”provided that in the event Landlord obtains a temporary certificate of occupancy, Landlord shall satisfy all conditions required to obtain a permanent certificate of occupancy as promptly as reasonably possible), except for (a) for the purposes items of this Paragraph 5work (and, notwithstanding the fact that minor or insubstantial details if applicable, adjustment of construction, mechanical adjustment or decoration remain to equipment and fixtures) which can be performed, when (i) the Tenant Improvements have completed after occupancy has been substantially completed in accordance taken without causing undue interference with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with TenantXxxxxx’s use of the Premises as contemplated and permitted under the Lease(i.e. so-called “punch list” items), and (iib) a Certificate items which, in accordance with good construction practice, should be performed after the performance of Occupancy for any tenant improvement work to be performed by Tenant (such date is hereinafter called the Premises has“Substantial Completion Date”); provided, to the extent required for Tenant’s occupancy of the Premiseshowever, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in that if substantial completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion Work is delayed as a result of any Tenant Delays described in Section 5 below of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to D, then the length of such Tenant Delay, and the Commencement Substantial Completion Date shall in such event be deemed to have occurred on the date that Substantial Completion Landlord’s Work would have occurred been substantially completed but for such Tenant Delays. Subject to Tenant Delays (it being agreed thatand Force Majeure, in such event, the delay so caused shall be Landlord will exercise commercially reasonable efforts to complete the “netpunch list” delayitems as soon as conditions reasonably permit, however, determined by multiplying and Tenant shall afford Landlord access to the number of days that Tenant Delays exceed Premises for such purposes. Landlord Delays). In addition, and Tenant shall, on within three (3) days following the Commencement Date under date Landlord informs Tenant that the Landlord’s Work is substantially complete, jointly inspect the Premises and agree upon the punch list. As of the date of this Lease, pay to Landlord an amount equal to one (the estimated Substantial Completion Date is on or before July 1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred2009.

Substantial Completion. The work For purposes of the Lease, including for purposes of determining the Lease Commencement Date (as set forth in Section 7.2 of the Summary), the Premises shall be deemed substantially completed (“"Ready for Occupancy" upon Substantial Completion”) for Completion of the Tenant Improvements and Landlord's Work. For purposes of this Paragraph 5Lease, notwithstanding "Substantial Completion" shall occur upon the fact that minor or insubstantial details completion, in good and workmanlike manner and in compliance with all applicable laws, of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the LeaseLandlord's Work, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay pursuant to the completion Approved Working Drawings, with the exception of any minor items in need of such repair or correction which do not impair Tenant's ability to use the Premises for its intended use ("Punchlist Items") and with the exception of any tenant trade fixtures, work; Tenant’s failure -stations, built-in furniture, or equipment to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested be installed by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delayprovided, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays as noted in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements Improvement Schedule letter dated July 28, 2016 (attached hereto as Exhibit B-2), the Substantial Completion date is increased a move in any way by date and is not an affirmation of all scopes of work being complete. Prior to substantial completion, the wall, ceilings, floors, and 843078.08/SD374622-00033/8-4-16/MLT/dek Exhibit B-5- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] lab casework will all be installed and mechanical, plumbing, and electrical connection will be made in the casework. The mechanical and plumbing/process systems will be started up and air will be moving in the space and through the fume hoods. The City Fire and Building officials will have walked the space and granted a Temporary Certificate of Occupancy, allowing lab and office equipment to be moved into the Premises. Tenant Delay, Tenant shall also pay acknowledges and agrees that the following scopes will not be completed at the time of Substantial Completion and XL-JB will require access to Landlord on the Commencement Date the additional cost so incurredspace to complete them: (i) test and balance report; (ii) punchlist generation or completion of associated tasks; (iii) fume hood certification; (iv) pre-functional testing of HVAC and plumbing/process systems; (v) smoke control testing; and (vi) final building and fire department sign off.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for SUBSTANTIAL COMPLETION" occurs when all of the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements following conditions have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion satisfied: (a) receipt of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, Substantial Completion by Architect on AIA Form G704 (or a substantially similar form) relating to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Expansion Improvements; (b) Tenant can use the Expansion Improvements resulting from: any request by for its intended purposes without material interference to Tenant that Landlord delay the completion of any of such workconducting its business activities; Tenant’s failure to supply timely any information necessary to complete the (c) Final DrawingsInspection has occurred; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to actd) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay and invitees have ready access to, and parking (individually, a “Tenant Delay,” and collectivelyif contemplated by the Plans) for, the “Tenant Delays”Expansion Improvements (but not necessarily on paved surfaces); (e) shall extend necessary utilities (not including natural gas) and plumbing are available (availability through temporary facilities will be acceptable for this purpose) in capacities not less than as set forth in the time Plans, are connected to mains or other appropriate sources, and all utility meters have been set and activated; (f) receipt of a certificate from an engineer stating that no additional easements are required to be granted for performance the benefit of Parcel on which the Expansion Improvements are is located in order for such Parcel and the improvements located thereon to be provided with access, utility services and drainage, as required by Landlord the Lease and this Expansion Space Work Letter; (g) receipt of Landlord’s obligations under this an instrument from Xxxxx/Skyland Joint Venture, Ltd. (or its successor) regarding the Expansion Improvements, in the form described in Section 10.h of the Declaration of Covenants, Conditions, Restrictions and Easements described in the definition of "CC&R's" and (h) receipt (at Tenant's sole cost and expense) of evidence that no exceptions to title not set forth on Exhibit “E” by an amount of time equal B as to the length of such Tenant Delay, Expansion Improvements and the Commencement Date Parcel on which they are located, exist. At Landlord's request, Tenant will execute and deliver to Landlord a written acknowledgment that Substantial Completion has occurred. Acceptance of possession, use or occupancy of the Expansion Improvements by Tenant shall in such event not be deemed to have occurred constitute a waiver of Landlord's duties, obligations or warranties expressly set forth in the Lease. Landlord shall use reasonable efforts to give Tenant at least fifteen days' advance notice of the estimated date on the date that which Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, is expected to occur and five days' advance notice of any changes to the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredestimated Substantial Completion date.

Substantial Completion. The work “Substantial Completion” of the Landlord Work shall be deemed substantially completed to have occurred (and the Landlord Work shall be deemed to be “Substantial CompletionSubstantially Complete”), on the date that (i) for all Landlord Work has been performed in accordance with the purposes terms of this Paragraph 5Exhibit C, notwithstanding the fact that minor or insubstantial other than any details of construction, mechanical adjustment or decoration remain to be performedany other similar matter, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to non-completion of minor punch list items which do does not materially interfere with Tenant’s lawful use of, or access to, the Premises for first-class business office use; (ii) Landlord has obtained and delivered to Tenant a permanent or temporary certificate of occupancy with respect to the Premises, except to the extent the same cannot be obtained by reason of the incompletion of installations or other work that is the responsibility of Tenant, such as, but not limited to, the installation and making operational of Tenant’s furniture systems and telecommunications equipment, in which case Landlord shall obtain the same within a reasonable time after the same can be obtained; and (iii) Landlord satisfies the Delivery Conditions, as defined in Section 11 below. When Landlord believes the Landlord Work is Substantially Complete, Landlord shall notify Tenant thereof in writing and Tenant’s and Landlord’s construction representatives shall at a mutually convenient date and time conduct a joint walk-through of the Premises as contemplated and permitted under in order to review the Lease, and (ii) a Certificate of Occupancy for the Premises has, Landlord Work. Notwithstanding anything to the extent required for Tenant’s occupancy of contrary herein contained, if the Premises, been issued Landlord Work is delayed by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion reason of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and then the Commencement Date Landlord Work shall in such event be deemed to have occurred be Substantially Complete on the date day that Landlord would have achieved Substantial Completion would have occurred of the Landlord Work but for such Tenant Delays (it being agreed thatDelay. Based upon said walk-through, in such event, the delay so caused Landlord’s and Tenant’s construction representative shall be the prepare a “netpunch-list.” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord setting forth any items of the Landlord Work which are incomplete or not in accordance with the Plans or the requirements hereof, and, subject to Tenant Improvements is increased in any way by a Tenant DelayDelays, Tenant causes beyond Landlord’s reasonable control and long-lead time items, Landlord shall also pay to Landlord on the Commencement Date the additional cost so incurredcomplete such “punch-list” items within forty-five (45) days after such joint walk-through.

Substantial Completion. The work Tenant shall substantially complete or cause to be deemed substantially completed Tenant’s Work in a good and workmanlike manner, in accordance with the TI Permit subject, in each case, to Minor Variations and normal “punch list” items of a non-material nature which do not interfere with the use or access of the Expansion Premises (“Substantial Completion” or “Substantially Complete”). Upon Substantial Completion of Tenant’s Work, Tenant shall require the TI Architect and the general contractor to execute and deliver, for the benefit of Tenant and Landlord, a Certificate of Substantial Completion in the form of the American Institute of Architects (“AIA”) for the document G704. For purposes of this Paragraph 5Expansion Premises Work Letter, notwithstanding “Minor Variations” shall mean any modifications reasonably required: (i) to comply with all applicable Legal Requirements and/or to obtain or to comply with any required permit (including the fact that minor TI Permit); (ii) to comport with good design, engineering, and construction practices which are not material; or insubstantial details (iii) to make reasonable adjustments for field deviations or conditions encountered during the construction of construction, mechanical adjustment or decoration remain to be performed, Tenant’s Work. Substantial Completion of Expansion Premises Tenant Improvements shall have occurred when (i) a certificate or temporary certificate of occupancy (or the Tenant Improvements have equivalent permitting legal occupancy) has been substantially completed in accordance with issued for the Final Drawings Expansion Premises; (ii) the HVAC and all mechanical MEP systems installed by serving the Expansion Premises (the “Required Systems”) which Landlord therein is responsible for providing are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, order; and (iiiii) a Certificate of Occupancy for the Expansion Premises hasTenant Improvements are substantially complete excepting industry standard punch-list items; provided, however, to the extent the Required Systems are not in good working order pursuant to clause (ii), such failure shall constitute a Landlord Delay until the Required Systems are delivered in the required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of condition at Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredsole cost.

Substantial Completion. The work As used herein, “Substantial Completion” shall mean (and the Premises shall be deemed substantially completed (“Substantial CompletionSubstantially Complete”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have City of Seattle has given final approval in writing that all TI Work under the construction permit has been substantially completed completed, (ii) installation of the TI Work has occurred in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working conditionWorking Drawings, subject only to completion of minor punch punch-list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Leasedescribed below, and (iiiii) a Certificate of Occupancy for basic services as required under the Premises has, Lease are available to the extent required for Tenant’s occupancy of Premises. Notwithstanding the Premisesforegoing, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) Substantial Completion shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that on which Tenant takes occupancy of the Premises and commences to do business therein. Substantial Completion would shall be deemed to have occurred but for such even if a “punch-list” or similar corrective work remains to be completed. Within thirty (30) days after Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord commences occupancy of the Premises, Landlord, Tenant, and the Tenant’s Architect shall prepare a “punch-list” which shall consist of the items that have not been, but should have been, finished or furnished by Tenant Improvements is increased in any way by a Tenant Delay, prior to such date. Tenant shall also pay proceed diligently to complete, or cause the TI Contractor to complete, all punch-list items, except for those punch-list items related to the Landlord’s Work which Landlord on shall proceed diligently to complete, or cause its contractor to complete. Tenant shall require reasonable retainage in the Commencement Date TI Construction Contract and shall not release all of the additional cost so incurredretainage to the TI Contractor until such time as Tenant reasonably believes all punch-list items have been completed. Release of any retainage shall not release or relieve Tenant of the obligation to cause all punch-list items to be completed and the Premises to be in the condition as required under this Lease.

Substantial Completion. The work Subject to the provisions of Section 35, Landlord shall use its reasonable efforts to “substantially complete” the Premises by the Target Date, provided that the Target Date shall be deemed substantially completed (“Substantial Completion”) extended for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed fails to satisfy its obligations under Section 35. “Substantially complete” means that: (i) the construction of the improvements described in Section 35, including Building Systems, has been completed in accordance with the Approved Plans and Specifications (as defined in Section 35) so that Tenant can use the Premises for its intended purposes without material interference to Tenant conducting its ordinary business activities, (ii) the Premises have been approved for occupancy by governmental authorities having jurisdiction, (iii) Tenant has ready access to the Building and Premises, and (iv) the Premises are ready for installation of any equipment, furniture, fixtures or decoration that Tenant will install. Landlord Delaysshall keep Tenant advised as to its progress with regard to “substantially completing” the Premises by the Target Date. Notwithstanding the foregoing, the requirements of subsection (ii) shall be deemed satisfied if all of the other subsections have been satisfied and the government approval is delayed solely as a result of either (x) the installation of furniture, fixtures or equipment which is not included within the scope of Landlord’s responsibilities under Section 35 below or (y) certification of the Secure Area (as defined in Section 54 below). In additionIf Landlord fails to Substantially Complete the Premises by May 1, 2009 (as extended by any Tenant shallDelays or force majeure events, on as described in Section 27) (such date, the “Outside Completion Date”), then an abatement equal to one day of Base Rent for every day after the Outside Completion Date that Substantial Completion fails to occur. Notwithstanding the foregoing, if a Tenant Caused Delay (below defined) shall occur, and as a result thereof substantial completion of the Premises shall not occur by the Target Date, then and in such event the Commencement Date under shall be deemed to be the Leasedate that substantial completion of the Premises would have occurred (but in no event prior to the Target Date or later than July 1, pay to Landlord an amount equal to one (12009) day of Base Rental multiplied by in the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord absence of the Tenant Improvements is increased in any way by Caused Delay. For purposes hereof, a Tenant Delay, Caused Delay shall occur on a day for day basis for each day of delay in the substantial completion of the Premises resulting from (i) Tenant’s failure to provide Landlord with the information necessary for Landlord to prepare final (subject to modifications resulting by reason of county code review) construction design drawings for the Premises within thirty (30) days following the Effective Date of this Lease; (ii) Tenant’s failure to provide Landlord with its final finish selections within fifteen (15) days following receipt by Tenant shall also pay of Landlord’s written approval of the final construction design drawings of the Premises; (iii) Tenant withholding its written authorization to Landlord on proceed with a change order affecting the Commencement Date construction of the additional cost so incurredPremises or otherwise modifying the Tenant Improvements for more than three (3) business days after its receipt of a written request therefor; or (iv) Tenant’s written direction to “stop-work” at the Premises.

Substantial Completion. The work Premises shall be deemed substantially completed Substantially Completed on or before January 1, 2002, subject to the provisions of paragraph (“Substantial Completion”d) for the purposes of this Paragraph 5Section. All construction shall be done in a good and workmanlike manner, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed materially in accordance with the Final Drawings Approved Construction Documents and shall comply at the time of completion with all mechanical systems installed by Landlord therein are in good working condition, subject only to completion applicable laws and requirements of minor punch list items which do not materially interfere with Tenant’s use the governmental authorities having jurisdiction. "Substantial Completion" of the Premises as contemplated shall mean, with regard to the Premises and permitted under the Lease, Tenant Improvements: (i) Landlord's architect (the "Architect") has issued a certificate stating that all work except punchlist items have been completed materially in accordance with the Approved Construction Documents and (ii) a Certificate temporary certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, has been issued by the City of FriscoChesapeake, TexasVirginia for the subject Building, other than with respect to the installation of the Tenant's Work and obtained by subject to punch list items. Landlord. , Tenant Delays. Tenant will be responsible and the General Contractor shall in conjunction with the Commencement Date do a "walk thru" inspection of the Premises to determine a punch list and a reasonable date for any delay in the completion of Landlord’s work and construction such items, not to exceed sixty (60) days. Landlord will diligently pursue the open items in the temporary certificate of occupancy in order to obtain a final certificate of occupancy at the earliest practicable date after completion of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Improvements. Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision 's occupancy of the Approved Bid (to Building shall constitute acceptance thereof for purposes of the extent such delays are caused by Tenant’s acts or omissions to act) after commencement of the Final Drawings are approved; and any other delay Payment of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant DelayRent, and the Commencement Date shall in such event be deemed other than as to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, open items determined by multiplying the number of parties upon such occupancy. Tenant shall have thirty (30) days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord after its occupancy of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay Premises to Landlord on the Commencement Date the additional cost so incurrednotify and discuss supplementary punch list items it believes require correction or repair with Landlord.

Substantial Completion. The work For purposes of this Work Letter and the Lease, Landlord’s Work shall be deemed substantially completed (“Substantially Complete”, and “Substantial Completion”) for the purposes of this Paragraph 5” shall be deemed to have occurred, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially at such time as Landlord has completed Landlord’s Work in accordance with Landlord’s Plans and in compliance with all legal requirements applicable thereto at the Final Drawings and all mechanical systems installed by Landlord therein are in good working conditiontime the permits were obtained for the construction thereof, subject only to the completion of minor punch list “punchlist” items which do or similar corrective work. No portion of any work to be performed by Tenant shall be taken into account in determining whether or not materially interfere with TenantLandlord’s use Work is Substantially Complete. However, if Substantial Completion of Landlord’s Work is delayed as a result of a Tenant Delay (defined below), Landlord’s Work shall be deemed to be Substantially Complete on the Premises as contemplated and permitted under date that Landlord could reasonably have been expected to Substantially Complete Landlord’s Work absent any Tenant Delay. Promptly following the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work Work, Landlord shall cause Landlord’s Contractor to inspect Landlord’s Work with representatives of both Landlord and construction Tenant and compile a list of the Tenant Improvements resulting from: any request “punchlist” items in connection with Landlord’s Work which are required to be corrected or completed by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach Landlord. Such “punchlist” items shall be completed or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance corrected by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delaywithin sixty (60) days, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delayprovided, however, determined that as to any “punchlist” items which cannot be completed by multiplying Landlord within said sixty (60) days, Landlord shall promptly commence the number correction or completion of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on such “punchlist” item and thereafter diligently pursue the Commencement Date under the Lease, pay same to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredcompletion.

Substantial Completion. The work Landlord shall use commercially reasonable efforts to cause the Required Base Building Improvements to be deemed substantially completed Substantially Complete on or before February 1, 2014, subject to Force Majeure Events and Tenant Delays. Landlord will give Tenant at least thirty (“30) days' prior written notice of the date on which the Required Base Building Improvements are anticipated to be Substantially Complete (the "Substantial Completion Date"). "Substantially Complete" or "Substantial Completion”) for " shall mean that the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Required Base Building Improvements have been substantially completed in accordance with the Final Drawings Building Plans and, with respect to the Warm Shell Improvements only, completed in accordance with the Building Plans except for minor omissions, mechanical adjustments and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion items of minor punch list items which do the type customarily found on an architectural punchlist that will not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any or delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by ("Punchlist Items"). Landlord and Tenant that shall then 'mange a mutually convenient time, no later than five (5) business days after the anticipated Substantial Completion Date specified in Landlord's notice, for Tenant and/or Tenant's Architect (as defined below) and Landlord delay and/or Xxxxxxxx, Xxxxxx and Xxxxxxx ("Landlord's Architect") to conduct a walk-through inspection of the completion Warm Shell Improvements. During the inspection, Landlord's Architect shall compile a list of any of such work; Tenant’s failure the Punchlist Items yet to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modificationsbe completed, revisions which list shall be reviewed and changes to the Final Drawings requested approved by Tenant; 's Architect, with such approval not to be unreasonably withheld, conditioned or delayed. If Tenant or Tenant’s request for any Non-Building Standard work or delays resulting from revision of 's Architect shall fail to inspect the Approved Bid Warm Shell Improvements within five (to the extent such delays are caused by Tenant’s acts or omissions to act5) business days after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectivelySubstantial Completion Date specified in Landlord's notice, the “Tenant Delays”) Warm Shell Improvements shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delaybe deemed completed and satisfactory in all respects, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused Date shall be the “net” delaydate set forth in Landlord's notice. Landlord's failure to have Substantially Completed the Required Base Building Improvements by February 1,2014, howeversubject to Force Majeure Events and Tenant Delays, determined shall be governed by multiplying the number provisions of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under Section 2.2 of the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. The work Landlord Work shall be deemed substantially completed to be “Substantially Complete” on the date that all Landlord Work (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial other than any details of construction, mechanical adjustment or decoration remain to be performedany other similar matter, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion noncompletion of minor punch list items which do does not materially interfere with Tenant’s use or occupancy of the Premises) has been performed and Landlord has obtained a temporary or final Certificate of Occupancy for the Premises as contemplated from the City of Austin (or Landlord would otherwise be able to obtain such a certificate but for work not then completed by Tenant’s contractors, vendors, employees or agents). Time is of the essence in connection with the obligations of Landlord and permitted Tenant under this Work Letter. Landlord shall not be liable or responsible for any claims incurred (or alleged) by Tenant due to any delay in achieving Substantial Completion for any reason. Tenant’s sole and exclusive remedies for any delay in achieving Substantial Completion for any reason other than Tenant Delay (defined below) shall be (i) the resulting postponement (if any) of the commencement of rental payments under the Lease, Lease and (ii) the rights expressly provided Tenant in Section 3.A of the Lease. “Tenant Delay” means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays the Substantial Completion of the Landlord Work, including: (a) Tenant’s failure to furnish information or approvals within any time period specified in the Lease, including the failure to prepare or approve preliminary or final plans by any applicable due date; (b) Tenant’s selection of non-building standard equipment or materials, but only to the extent the availability of such materials differs from the availability of building standard equipment or materials; (c) changes requested or made by Tenant to previously approved plans and specifications; (d) activities or performance of work in the Premises by Tenant or Tenant’s contractor(s) during the performance of the Landlord Work, or (e) any acts or omissions of Tenant that delay or prohibit Landlord from obtaining a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. The work As used herein the term SUBSTANTIALLY COMPLETE or SUBSTANTIALLY COMPLETED means that, in the opinion of Seller's architect, each of the following shall be deemed substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when have occurred: (i) the Tenant Improvements have been completed substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working conditionPlans, subject only to the completion of minor punch punch- list items items, none of which do not may materially interfere with Tenant’s affect Purchaser's intended use and enjoyment of the Premises Improvements or the Land and all of which will be completed within thirty (30) days after the date of the walk-through inspection, as contemplated and permitted under the Leaseprovided below, and (ii) a Certificate of Occupancy the Improvements have been completed as necessary for the Premises hasapplicable governmental authority to issue a certificate of occupancy for the Improvements allowing Purchaser to occupy the Improvements, and (iii) all utilities required for Purchaser's operations of the Improvements are in place and operational to the extent required for Tenant’s occupancy Improvements, including gas, electricity, water, sanitary sewer, and telephone. Seller will notify Purchaser of the Premisesdate that Seller's architect expects the Improvements to be substantially complete, been issued such notice not to be dated more than forty-five (45) or less than thirty (30) days prior to the date that is set forth in such notice for the Improvements to be substantially complete. Upon receipt of notification from Seller's architect that the Improvements are substantially complete, Purchaser shall verbally notify Seller of the date Purchaser intends to make its walk-through inspection of the Improvements to determine punch-list items, such date to be within five (5) days after Purchaser's receipt of such notice. Seller's architect will accompany Purchaser on the walk-through inspection so as to mutually determine the punch-list of items to be completed or repaired by Seller. Satisfaction of punch-list items or Purchaser's failure to conduct a walk-through inspection will not delay the Closing. At Closing, 150% of the amount which, in the reasonable opinion of Seller's architect, is necessary to complete the punch-list of items remaining to be completed as determined pursuant to this subparagraph will be held back from the funds delivered to Seller and held in escrow by the City Title Company. This amount will be delivered to Seller at such time as the punch-list items have been completed. Seller will inform Purchaser of Frisco, Texasthe amount determined by Seller's architect necessary to complete the punch-list items, and obtained by LandlordPurchaser may reasonably object to same. Tenant Delays. Tenant Nonetheless, Seller will be responsible for any delay in completion paying the entire cost of Landlord’s work and construction of completing the Tenant Improvements resulting from: any request by Tenant that Landlord delay punch-list items, even if such costs exceed the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred150% holdback.

Substantial Completion. The work shall be deemed substantially completed (terms “Substantial Completion”” and “Substantially Complete” shall mean that: (a) for Landlord’s Tenant Improvement Work has been completed in accordance with the purposes Final Plans with the exception of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment adjustment, decoration or decoration remain to be performedcosmetic items, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to non-completion of minor punch list items which do does not materially interfere with Tenant’s use and occupancy of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Punch List Work”); and (b) all sanitary, plumbing, electrical, heating, ventilating and air conditioning services to the Premises are operational to the extent necessary to provide reasonably adequate service to the Premises, subject to any Punch List Work necessary to such systems; and (c) Landlord shall deliver the Premises to Tenant Delays”) shall extend the time for performance by Landlord of with Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant DelayImprovement Work having been Substantially Completed in accordance with Section 3.3 (a) above, and the Commencement Date shall in such event condition as shall permit Tenant to immediately occupy the Premises for Tenant’s permitted use under the Lease. Notwithstanding the foregoing, if occupancy is denied by the applicable governmental authority due solely to any item of Tenant’s FF&E Work not then being completed, then Landlord shall be deemed to have occurred on met the foregoing conditions set forth in (a), (b) and (c) of this Section 3.3, notwithstanding that occupancy is not then available to Tenant. Landlord shall provide to Tenant written notice reasonably in advance of the date that when Landlord believes Substantial Completion would have occurred but for such Tenant Delays shall occur. Within ten (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (110) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord receipt of the Tenant Improvements is increased in any way by a Tenant DelayLandlord’s notice of Substantial Completion, Tenant shall also pay inspect the Premises and identify in writing to Landlord the Punch List Work Tenant wishes Landlord to perform. Landlord shall review such list of Punch List Work and confer with Tenant to establish a mutually agreeable list of the Punch List Work. Landlord shall complete all Punch List Work within thirty (30) days following the date on which Landlord and Tenant agree on the Commencement Date the additional cost so incurredlist of Punch List Work.

Substantial Completion. The work Tenant Improvements and the Base Building Work shall be deemed substantially completed (“Substantially Complete”, “Substantially Completed” or in a state of “Substantial Completion”” when both: (a) Contractor and/or Landlord have obtained all sign-offs, inspections and approvals required by the District of Columbia (as a sovereign entity, and not as a tenant under this Lease) and any other applicable governmental authorities for the issuance of certificate(s) of occupancy (which may, for purposes of this Paragraph 5, notwithstanding achieving Substantial Completion be a temporary certificate of occupancy provided that Landlord obtains a permanent certificate of occupancy within 90 days thereafter and such temporary certificate(s) of occupancy allow for the fact that minor or insubstantial details District’s unrestricted and uninterrupted occupancy of construction, mechanical adjustment or decoration remain the Premises) covering the Premises and have delivered such certificate of occupancy to the District (issuance of such a temporary certificate of occupancy shall be deemed to be performedconclusive evidence that Landlord and Contractor have obtained all required sign-offs, when inspections and approvals for achieving substantial completion provided that Landlord obtains permanent certificates of occupancy within 90 days thereafter); (ib) the Project Architect and the Base Building Project Architect (if different) have certified (on a standard AIA Form) that the Tenant Improvements and the Base Building Work, respectively, have been completed substantially completed in accordance with the Final Drawings Plans and Specifications (as modified by the terms of this Work Exhibit), including the placement of furniture and equipment; and (c) the Parking Facility and all mechanical systems installed applicable Additional Parking Areas necessary to satisfy the parking requirements in this Lease as of the Rent Commencement Date, are complete, secured and Landlord has obtained all sign-offs, inspections and approvals required by the District of Columbia (as PAGE 76 OF 135 (as modified) DC DGS FORM L-105 (3/2018) 0000 Xxxxxxxxx Xxxxxx XX XX 000000000x0 EXECUTION VERSION a sovereign entity, and not as a tenant under this Lease) and any other applicable governmental authorities to allow the District to use the Parking Spaces, and the Base Building Project Architect or other applicable architect or engineer engaged by Landlord therein are in good working conditionhas certified (on a standard AIA Form) that all site work undertaken by Landlord on the Land, including without limitation sidewalks, landscaping and exterior lighting have been completed, the foregoing (a), (b) and (c) subject only to completion of minor punch list items which that do not materially interfere impair the ability of the District to occupy or utilize the Premises, the Parking Facility or the Additional Parking Areas for the Permitted Use under this Lease (the “Punch List”). Within seven (7) Business Days after Landlord notifies the District that it has or will shortly achieve Substantial Completion, the District together with Tenant’s use Landlord (if it elects) and Contractor shall make a final inspection of the Premises to ensure that the Tenant Improvements are Substantially Complete. At such time, Landlord shall cause to be prepared a Punch List by the District, Landlord (if it elects), the Base Building Architect or the Project Architect, as contemplated applicable, and permitted under Contractor, and Landlord shall cause such Punch List to be delivered by the LeaseProject Architect to Landlord and the District. Landlord’s contract with Contractor shall: (i) provide that the Contractor shall complete all Punch List items within 30 Business Days of its receipt thereof provided that Landlord shall have up to 120 days to complete items identified on the Punch List as “long lead time” items provided that the Punch List includes an explanation as to why additional time is required for such items, and (ii) contain a Certificate of Occupancy for warranty as to Latent Defects, which shall provide in substance that the Premises has, Contractor shall promptly commence and diligently proceed to correct any Latent Defects in the extent required for Tenant’s occupancy Tenant Improvements or the Base Building Work upon receipt of the PremisesDistrict’s written notice to Landlord of a Latent Defect, been issued by provided such notice is delivered to Landlord within 12 months after the City date of FriscoSubstantial Completion of the Tenant Improvements. As used herein, Texasthe term “Latent Defect”, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay shall mean a defect in completion of Landlord’s work and the construction of the Tenant Improvements resulting from: any request by Tenant or the Base Building Work that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes could not have reasonably been discovered prior to the Final Drawings requested District taking possession of the Premises by Tenant; Tenanta commercially reasonable inspection of the Premises performed by a reasonably prudent architect or engineer exercising a professionally reasonable level of due diligence in such inspection. No later than 30 calendar days following Substantial Completion of the Tenant Improvements, Landlord shall deliver to the District (x) any and all manuals, booklets, specification sheets, and manufacturer’s request warranty information that accompanied any and all non-construction element items that are a part of the Tenant Improvements, and (y) as-built plans for any Non-buildings or other structures, including for parking or vehicle maintenance, that constitute Base Building Standard work Work or delays resulting from revision of Tenant Improvements in “Revit”. In the Approved Bid (event any Punch List item remains incomplete or outstanding after 30 Business Days or 120 days, as applicable pursuant to the extent foregoing, then for each day following such delays are caused by Tenant’s acts applicable period that any Punch List item remains incomplete or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectivelyoutstanding, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused District shall be the “net” delay, however, determined by multiplying the number entitled to an abatement of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord Annual Rental in an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred$2,000 per day.

Substantial Completion. The work Premises shall be deemed substantially completed Substantially Completed on or before February 15, 2001, subject to the provisions of paragraph (“Substantial Completion”d) for the purposes of this Paragraph 5Section. All construction shall be done in a good and workmanlike manner, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed materially in accordance with the Final Drawings Approved Construction Documents and shall comply at the time of completion with all mechanical systems installed by Landlord therein are in good working condition, subject only to completion applicable laws and requirements of minor punch list items which do not materially interfere with Tenant’s use the governmental authorities having jurisdiction. "Substantial Completion" of the Premises as contemplated shall mean, with regard to the Premises and permitted under the Lease, Tenant Improvements: (i) Landlord's architect (the "Architect") has issued a certificate stating that all work except punchlist items have been completed materially in accordance with the Approved Construction Documents and (ii) a Certificate temporary certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, has been issued by the City of FriscoChesapeake, TexasVirginia for the subject Building, other than with respect to the installation of the Tenant's Work and obtained by subject to punch list items. Landlord. , Tenant Delays. Tenant will be responsible and the General Contractor shall in conjunction with the Commencement Date do a "walk thru" inspection of the Premises to determine a punch list and a reasonable date for any delay in the completion of Landlord’s work and construction such items, not to exceed sixty (60) days. Landlord will diligently pursue the open items in the temporary certificate of occupancy in order to obtain a final certificate of occupancy at the earliest practicable date after completion of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Improvements. Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision 's occupancy of the Approved Bid (Building shall constitute acceptance thereof for purposes of the commencement of the Payment of Rent and other than as to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, open items determined by multiplying the number of parties upon such occupancy. Tenant shall have thirty (30) days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord after its occupancy of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay Premises to Landlord on the Commencement Date the additional cost so incurrednotify and discuss supplementary punch list items it believes require correction or repair with Landlord.

Substantial Completion. The work Landlord’s N2 Work, Tenant’s N2 Work, Landlord’s N3 Work and Tenant’s N3 Work, as applicable, shall be deemed substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially complete if such work is completed in accordance compliance with the Final Drawings Building N2 Plans or Building N3 Plans, as applicable, and all mechanical systems installed by Landlord therein are in good working conditionapplicable laws and regulations, subject only to completion of minor punch list items which do not materially interfere with only, following Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises hasinspection thereof, to the extent required adjustments, cosmetic finishing work or “punch list” items for Tenant’s occupancy such work remaining incomplete. By no later than ten (10) days after Landlord notifies Tenant of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in its completion of Landlord’s N2 Work, Tenant’s N2 Work, Landlord’s N3 Work or Tenant’s N3 Work, as applicable, the Tenant shall inspect such work and furnish to the Landlord a punch list of such items of construction which are then incomplete or defective and which require correction by the General Contractor. The Landlord agrees to use its commercially reasonable efforts to cause such punch list items to be corrected within thirty (30) days of receipt of the Tenant Improvements resulting from: any request by Tenant that Landlord delay punch list, or such longer period as is reasonably required if the completion nature of the corrective work cannot be performed within thirty (30) days. If the Building N2 Work or the Building N3 Work, as applicable, is delayed for any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant reasons set forth in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid parts (to the extent such delays are caused by Tenant’s acts or omissions to acti) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay through (individuallyv) below (each, a “Tenant Delay,” and collectively”), the “Tenant Delays”) Building N2 Work or the Building N3 Work, as applicable, shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on been substantially completed at the date that Substantial Completion time it would have occurred but been completed if not for such delay: (i) a material default or delay in meeting a deadline by Tenant Delays under the terms of this Lease; (it being agreed thatii) changes to any of Building N2 Plans or the Building N3 Plans requested by Tenant after approval of same by Landlord (which delay shall be identified by Landlord at the time of Landlord’s approval); (iii) a request by Tenant for materials, fixtures or installations other than those in Landlord’s building standard or those contained in the Building N2 Plans or Building N3 Plans, as applicable, or as set forth in Exhibit G-1 or Exhibit G-2 (which request shall be identified by Landlord at the time of Landlord’s approval); (iv) the performance of any work or installations by Tenant or by contractors hired by Tenant; or (v) any other act or omission caused by or on behalf of Tenant, its contractors, agents, servants or employees which delay the construction, including the failure of Tenant to have used commercially reasonable efforts to cooperate in reaching the specified benchmarks by the applicable deadlines set forth in the Master Timeline or the Building N3 Master Timeline as applicable, but excluding any bona fide action by Tenant exercising its expressly granted rights pursuant to the terms of this Lease which has the effect of causing such eventa delay. If the Building N2 Work or the Building N3 Work, as applicable, is delayed for any of the reasons set forth in parts (i) through (v) below (each, a “Landlord Delay”) such that the said Work is not complete by forty-five (45) days after the completion date for such work as set forth in the Building N2 Master Timeline with respect to the Building N2 Work and with respect to the Building N3 Work, the delay so caused completion date for such work as set forth in the Building N3 Master Timeline, Tenant shall be the “net” delay, however, determined by multiplying the number granted a one (1) day credit of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, Annual Fixed Rent (calculated based on the Commencement Date under the Lease, pay to Landlord an amount equal to 61,895 rental rentable square feet) for each one (1) day of Base Rental multiplied Landlord Delay beyond such forty-fifth (45th) day, such credit to be immediately applicable to any Annual Fixed Rent due Landlord from Tenant (i) a material default or delay in meeting a deadline by Landlord under the terms of this Lease; (ii) changes to any of Building N2 Plans or the Building N3 Plans requested by Landlord after approval of same by Landlord; (iii) a request by Landlord for materials, fixtures or installations other than those contained in the Building N2 Plans or Building N3 Plans, as applicable, or as set forth in Exhibit G-1 or Exhibit G-2 or (iv) any other act or omission caused by or on behalf of Landlord, its contractors, agents, servants or employees which delay the construction, including the failure of Landlord to have used commercially reasonable efforts to cooperate in reaching the specified benchmarks by the number applicable deadlines set forth in the Master Timeline, but excluding any action by Landlord exercising its rights pursuant to the terms of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredthis Lease.

Substantial Completion. The work shall be deemed substantially completed (For purposes of the Lease and this Work Letter, “Substantial Completion”” of the Landlord Improvements to the Premises shall mean the date upon which Landlord shall deliver to Tenant (a) fully signed permit card(s) for the purposes Landlord Improvements to the Premises that legally allow Tenant to fully occupy and ship/receive product at the Premises; and (b) an AIA G704-2000 Certificate of Substantial Completion signed by Landlord’s architect with respect to the Landlord Improvements to the Premises. Notwithstanding anything to the contrary contained in the Lease or this Paragraph 5Work Letter (including the provisions of Section 2.04 of the Lease) and Tenant’s right to construct the Additional Tenant Improvements, notwithstanding Tenant’s Early Access rights and rights to construct the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when Additional Tenant Improvements is expressly conditioned upon (i) Tenant cooperating with Landlord and General Contractor and any subcontractors engaged in the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the LeaseLandlord Improvements, and (ii) a Certificate of Occupancy for Tenant and Tenant’s Agents (hereinafter defined) not interfering with Landlord or General Contractor or such subcontractors access to or work in the Premises has, to or the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Landlord Improvements. If at any time Tenant’s use and/or occupancy during Tenant’s exercise of the Early Access rights or construction of the Additional Tenant Improvements resulting from: causes or threatens to cause any request by Tenant that Landlord delay or interference with the completion of any of such work; the Landlord Improvements, Landlord has the right to immediately revoke Tenant’s failure privilege to supply timely any information necessary access, use and/or partially occupy the Premises for Early Access or to complete construct the Final Drawings; any breach or default Additional Tenant Improvements and such interference actually caused by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, shall be deemed a “Tenant Delay,.” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of agrees that such Tenant Delay, Early Access and the Commencement Date shall in such event be deemed to have occurred on construction of the date that Substantial Completion would have occurred but for such Additional Tenant Delays (it being agreed that, in such event, the delay so caused Improvements shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date governed under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord all of the Tenant Improvements is increased in any way by a Tenant Delayterms, Tenant shall also pay to Landlord on covenants, conditions and provisions of the Commencement Date the additional cost so incurredLease and this Work Letter.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor ” or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when “Substantially Completed” as used herein shall mean both (i) delivery of a factually correct written notice to Tenant of the completion of construction of the Tenant Improvements have been in the Premises substantially completed in accordance with the Final Drawings approved T.I. Plans and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion Specifications with the exception of minor punch list details of construction installation, decoration, or mechanical adjustments and punchlist items, which items which do will not materially interfere with Tenant’s use of any portion of the Premises as contemplated and permitted under for the use set forth in Section 5.1 of this Lease, and such notice to be in substantially the form of Attachment “A” hereto, (ii) the City of Carlsbad has issued a Certificate final inspection approval, certificate of Occupancy for occupancy (or equivalent), a temporary certificate of occupancy (or equivalent) or other equivalent authorization, or Tenant has occupied and obtained the Premises has, to the extent required for Tenant’s occupancy beneficial use of the Premises, been issued by and (iii) the City of Frisco, Texas, Premises is vacant and obtained by Landlordbroom clean. Substantial Completion shall be deemed to have occurred notwithstanding the requirement to complete “punchlist” items or similar minor corrective work. Tenant Delays. Tenant will agrees that if Landlord shall be responsible for any delay delayed in completion of Landlord’s causing such work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion to be Substantially Completed as a result of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach events described herein (or default by Tenant elsewhere in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, as a “Tenant Delay,” and collectivelythen such delay shall be the responsibility of Tenant. In any such event, the “Tenant Delays”) Substantial Completion shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the earlier of: (a) the date that of Substantial Completion or (b) the date when Substantial Completion would have occurred but for such if there had been no Tenant Delays Delay. Landlord shall not be required to work on an overtime basis. For the purposes of this Work Letter, a “Tenant Delay” is defined as any delay that actually delays Substantial Completion and directly results from: (it being agreed that, 1) Tenant’s failure to comply with any time frames set forth herein or in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay (2) any changes in any stage of the T.I. Plans and Specifications requested by Tenant after Landlord’s and Tenant’s approval of such stage, including, without limitation, any Change Order or changes made to reduce the Preliminary Pricing Plan or the Estimated Construction Cost, (3) Tenant’s failure to furnish any documents required herein or approve any item or any cost estimates, the Preliminary Pricing Plan, the Estimated Construction Costs or any Change Orders, as required, and within the time frame set forth herein, (4) Tenant’s request for materials, finishes, or installations other than Landlord’s Building Standard items that Landlord an amount equal previously informed Tenant would delay Substantial Completion and which actually do delay Substantial Completion, (5) Tenant’s failure to one (1) day of Base Rental multiplied timely perform any act or obligation imposed on Tenant by the number Lease or this Work Letter as and when requested thereunder or hereunder, (6) Tenant’s failure to assemble its systems furniture to satisfy fire and building inspector requirements to procure a certificate of days of Tenant Delays in order occupancy (or equivalent); or (7) any other delay otherwise caused by Tenant, its officers, directors, owners, agents, invitees, permittees, employees or contractors which operates to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord delay Landlord’s Substantial Completion of the Tenant Improvements is increased in any way Improvements, as reasonably determined by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredLandlord.

Substantial Completion. The work Landlord shall use its reasonable efforts to “substantially complete” the Premises by the Phase I Target Date and the Phase II Target Date, respectively, provided that such dates shall be deemed substantially completed (“Substantial Completion”) extended for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed fails to satisfy its obligations under Section 35. “Substantially complete” means that: (i) the construction of the improvements described in Section 35 has been completed so that Tenant can use the Phase I Premises or Phase II Premises, as applicable, for its intended purposes without material interference to Tenant conducting its ordinary business activities, (ii) the Phase I Premises or the Phase II Premises, as applicable, have been approved for occupancy by governmental authorities having jurisdiction and a certificate of occupancy or temporary certificate of occupancy has been issued for the Phase I Premises or the Phase II Premises, as applicable, (iii) Tenant has ready access to the Building and the Phase I Premises or the Phase II Premises, as applicable, through the lobby, hallways and elevators, (iv) the Phase I Premises or the Phase II Premises, as applicable, are ready for installation of any equipment, furniture, fixtures or decoration that Tenant will install, and (v) the Phase I Premises tenant finish work or the Phase II Premises tenant finish work, as applicable, has been installed and completed in a good and workmanlike manner and in compliance with all laws, rules, regulations and ordinances. Landlord Delaysshall keep Tenant advised as to its progress with regard to “substantially completing” the Phase I Premises by the Phase I Target Date and with regard to “substantially completing” the Phase II Premises by the Phase II Target Date. Notwithstanding the foregoing, the requirements of subsection (ii) shall be deemed satisfied if all of the other subsections have been satisfied and the government approval is delayed as a result of the installation of furniture, fixtures or equipment which is not included and is a part of Tenant’s responsibilities under Section 35 below. Notwithstanding anything in this Lease to the contrary, if substantial completion has not occurred for the Phase I Premises on or before the date that is 165 days following the Effective Date (the “Required Phase I Delivery Date”). In addition, and such delay is not a result of a Tenant shallCaused Delay (as defined herein) or for any reason listed in Section 27 of this Lease, on then Tenant will receive a day for day rent credit following the Phase I Commencement Date under for each day that the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Phase I Commencement Date is delayed beyond the additional cost so incurredRequired Phase I Delivery Date. For example, if the Required Phase I Delivery Date is June 15, 2007, and the Phase I Commencement Date occurs on July 20, 2007, then Tenant will receive a 35 day rent credit following the Phase I Rent Commencement Date.

Substantial Completion. (a) Landlord shall cause the General Contractor to construct the Tenant Improvements in the Fifth Floor Premises and Fourth Floor Premises in accordance with the applicable Approved Final Drawings and in a good and workmanlike manner. The work Tenant Improvements for the Fourth Floor Premises shall be deemed substantially completed complete on the date that (i) the building officials of the applicable governmental agency(s) issues its final approval of the construction of the Tenant Improvements relating to the Fourth Floor Premises as evidenced by a certificate of occupancy or equivalent document permitting Tenant to occupy the Fourth Floor Premises (or such date that such agency(s) would have issued such certificate of occupancy or equivalent document permitting Tenant to occupy the Fourth Floor Premises, but for any Tenant Delays), or (ii) the date on which Tenant first takes occupancy of the Fourth Floor Premises for purposes other than to perform the Tenant’s Pre-Occupancy Work, whichever first occurs (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction“Substantially Completed”, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord“Substantially Complete”). Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work hereby acknowledges and construction agrees that the term “Substantial Completion” of the Tenant Improvements resulting from: any request by Tenant that Landlord delay as used herein will not include the completion of any of such work; work associated with Tenant’s failure Installations, including without limitation, work related to supply timely any information necessary requirements of governmental and regulatory agencies with respect to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredInstallations.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for SUBSTANTIAL COMPLETION" occurs when all of the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements following conditions have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion satisfied: (a) receipt of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, Substantial Completion by Architect on AIA Form G704 (or a substantially similar form) relating to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Improvements; (b) Tenant Improvements resulting from: any request by can use the Premises for its intended purposes without material interference to Tenant that Landlord delay the completion of any of such workconducting its business activities; Tenant’s failure to supply timely any information necessary to complete the (c) Final DrawingsInspection has occurred; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to actd) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individuallyand invitees have ready access to, a “Tenant Delay,” and collectivelyparking adjacent to, the “Tenant Delays”Building and the Premises (but not necessarily on paved surfaces); (e) shall extend necessary utilities (not including natural gas) and plumbing are available (availability through temporary facilities will be acceptable for this purpose; provided, however, that connection to permanent facilities will not result in the time unavailability or discontinuance of such utilities with respect to Tenant's use of the Premises thereafter) in capacities not less than as set forth in the Plans, are connected to mains or other appropriate sources, and all utility meters have been set and activated; (f) receipt of a certificate from an engineer stating that no additional easements are required to be granted for performance the benefit of Parcel A in order for Parcel A and the Improvements located thereon to be provided with access, utility services and drainage, as required by Landlord the Lease and this Leasehold Improvement Agreement; (g) receipt of Landlord’s obligations under this Exhibit “E” by an amount instrument from Xxxxx/Skyland Joint Venture, Ltd. (or its successor) regarding the Improvements, in the form described in Section 10.h of time equal the Declaration of Covenants, Conditions, Restrictions and Easements described in the definition of "CC&R's"; and (h) receipt (at Tenant's sole cost and expense) of an update to the length existing commitment for title insurance dated prior to (and as close as is reasonably practical to) the date of such Substantial Completion, showing no exceptions to title affecting the Premises (or interfering with or limiting Tenant's rights to Parcels B, C or D as set forth in the Lease) other than those shown on Exhibit B or those approved or consented to by Tenant. At Landlord's request, Tenant Delaywill execute and deliver to Landlord a written acknowledgment that Substantial Completion has occurred. Acceptance of possession, and use or occupancy of the Commencement Date Premises by Tenant shall in such event not be deemed to have occurred constitute a waiver of Landlord's duties, obligations or warranties expressly set forth in the Lease. Landlord shall use reasonable efforts to give Tenant at least fifteen days' advance notice of the estimated date on the date that which Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, is expected to occur and five days' advance notice of any changes to the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredestimated Substantial Completion date.

Substantial Completion. The work As used herein, "Substantial Completion" shall mean (and each floor of the Premises shall be deemed substantially completed (“Substantial Completion”"Substantially Complete") for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the installation of Building Standard Improvements and Tenant Extra Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use such portion of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises hashas occurred, to the extent required such improvements can, in Landlord's reasonable judgment, be installed within the timeframe for Tenant’s occupancy completion of Building Standard Improvements, (ii) Tenant has direct access to the elevator lobby on the floor (or floors) where the Premises are located, (iii) Basic Services are available to the Premises, been issued by and (iv) the City of Frisco, Texas, and obtained by Landlord. Bellevue has issued a temporary or permanent certificate of occupancy permitting Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction to occupy such portion of the Tenant Improvements resulting from: any request by Tenant that Landlord delay Premises for the completion of any of Permitted Use or has taken such work; Tenant’s failure other action as may be customary to supply timely any information necessary to complete permit occupancy or use thereof for the Final Drawings; any breach or default by Tenant in Permitted Use. Notwithstanding the performance of Tenant’s obligations under this Lease; any modificationsforegoing, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) Substantial Completion shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that on which Xxxxxx takes occupancy of the Premises and commences to do business therein. Substantial Completion would shall be deemed to have occurred even if a "punch-list" or similar corrective work remains to be completed. Within ten (10) days after Landlord delivers possession of the Premises to Tenant, Landlord, Tenant, and the Landlord's Architect shall prepare a "punch-list" which shall consist of the items that have not been, but for should have been, finished or furnished prior to such Tenant Delays date or which do not conform to the TI Working Drawings or the Base Building Drawings (it being agreed that, in such event, but only to the delay so caused extent that the Base Building Improvements were not complete at the time of Tenant's inspection under Paragraph 8 above). ----------- Landlord shall complete and furnish all punch-list items within thirty (30) days after Substantial Completion or as soon thereafter as is possible with the exercise of due diligence. The cost thereof shall be borne by the “net” delayGeneral Contractor under its contract to construct the Base Building Improvements or Upgrades, however, determined by multiplying or the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date TI Contractor under the LeaseTI Construction Contract, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by as the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredcase may be.

Substantial Completion. Landlord shall construct the Tenant Improvements and the Tenant Improvements and deliver the Premises "ready for occupancy" (as defined below) to Tenant on or about November I, 2019. The Premises will be conclusively deemed "ready for occupancy" on the earlier to occur of when: (i) the work shall to be deemed done under this Work Letter has been substantially completed (“Substantial Completion”) and after the issuance of a conditional or temporary certificate of occupancy for the purposes Premises by the appropriate government agency within whose jurisdiction the Building is located, or (ii) when Tenant takes possession of this Paragraph 5, notwithstanding the fact that Premises for the operation of its business. The Premises will not be considered unready or incomplete if (i) only minor or insubstantial details of construction, decoration or mechanical adjustment or decoration adjustments remain to be performeddone within the Premises or Common Areas of the Building, when (iii) only landscaping or exterior trim remains to be done outside the Premises, (iii) Tenant’s work is incomplete; (iv) if the delay in the availability of the Premises for Tenant's occupancy is caused in whole or in material part by Tenant. By occupying the Premises for the operation of its business, Tenant Improvements will be deemed to have been substantially completed in accordance with accepted the Final Drawings Premises and all mechanical systems installed by Landlord therein to have acknowledged that they are in good working conditionthe condition called for in this Lease, subject only to completion of minor "punch list list" items which do not materially interfere with Tenant’s use (as the term "punch list" is customarily used in the construction industry in the area where the Project is located) identified by Tenant by written notice delivered to Landlord within ten (10) days after the date Landlord tenders possession of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for the For purposes of this Paragraph 5Work Letter and the Lease, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Base Building Improvements have been shall be deemed "substantially complete" at such time as Landlord has completed work in accordance with the Final Drawings and all mechanical systems installed Landlord's Plans, as certified by Landlord's contractor (which certification shall be obtained promptly by Landlord therein are in good working conditionupon such substantial completion), subject only to completion and correction of minor items on Landlord's architect's punch list list, and certain other items which do will not materially interfere with Tenant’s use be completed until substantial completion of the Premises Tenant Improvements (such as contemplated and permitted under the Leasecertain landscaping), and (ii) the Tenant Improvements shall be deemed "substantially complete" at such time as Tenant has completed work in accordance with the Tenant's Plans, as certified by Tenant's architect (which certification shall be obtained promptly by Tenant upon such substantial completion), and Tenant has obtained a Certificate certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by from the City of FriscoSan Jose, Texasxxbject only to the completion or correction of items on Tenant's architect's punch list (and exclusive of the installation of all telephone and other communications facilities and equipment and other finish work or decorating work to be performed by or for Tenant). If substantial completion of the Tenant Improvements, and obtained Modified Core Improvements or Base Building Improvements is delayed due to any of the following (collectively, "Tenant 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 failure to timely submit any items required by this Work Letter, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; (iii) Tenant's failure to comply with Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 9, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord. ; (vi) Tenant's request for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: Improvements; or (viii) any request by 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 Landlord Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay the completion of any of within such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modificationsfive (5) day period, revisions and changes no adjustment to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work Delivery Date or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) Commencement Date shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length be made on account of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay; provided, however, determined that if such delay was not reasonably foreseeable by multiplying Landlord, the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one five (15) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of Base Rental multiplied such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period (including, without limitation, any delay in delivery of Tenant's space plan or Working Drawings or non-compliance with Landlord's contractor's schedule), or from schedule changes resulting from Tenant Modifications of which Tenant is advised by the number of days of Tenant Delays Landlord's architect or contractor as provided in order to compensate Landlord for lost rentals resulting therefromParagraph 4. If the cost to Landlord substantial completion of the Tenant Improvements is increased in delayed as a result of any way of the following and such delay could not have been mitigated by a Tenant Delayusing commercially reasonable measures (collectively, Tenant shall also pay to "Landlord on Delays"), then the Commencement Date shall be adjusted to reflect any delay in the additional cost so incurred.substantial completion date for the Tenant Improvements directly resulting from such Landlord Delays: (a) subject to Paragraph 9 above, unreasonable interference by Landlord or Landlord's Contractor with the construction of the

Substantial Completion. The work shall be deemed substantially completed (9.8.1 “Substantial Completion”) ” of the entire Work shall be achieved by the Contractor and shall mean the stage in the progress of the project when the Work required by this Contract is sufficiently complete in accordance with this Contract so that the Owner may occupy or utilize the Work for its intended use. The parties agree that, without limitation, the purposes of this Paragraph 5, notwithstanding Owner will not be able to occupy or utilize the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) Work for its intended use unless all equipment and systems included in the Tenant Improvements Work are operational as designed and have been substantially balanced, commissioned and demonstrated, all designated or required governmental inspections, tests and approvals have been successfully completed and obtained including unconditional certificates of occupancy (or, if unissued or issued with conditions, such lack of issuance or conditions relate solely to matters not included within the Work), completion has been achieved of all finish paving and landscaping to the extent weather then allows and fine cleaning of all spaces to be occupied and all public spaces has occurred. In general, the only remaining Work shall be minor in nature, so that completion of the Work by the Contractor will not materially interfere with or hamper the Owner’s occupancy of the Project. The Contractor shall cooperate with the Owner’s facilities personnel so that such personnel may be involved in the balancing and commissioning of all building systems. When the Work reaches Substantial Completion, the Contractor shall promptly deliver to the Owner and Architect a notice of completion in recordable form and in accordance with the Final Drawings requirements of California Civil Code §8182. In transmitting such notice to the Owner and all mechanical systems installed by Landlord therein are Architect, the transmittal shall prominently state in capital letters, “THE OWNER MUST ACCEPT OR REJECT THIS NOTICE OF COMPLETION WITHIN SEVEN DAYS OF RECEIPT. UNLESS THE OWNER REJECTS THIS NOTICE BY GIVING THE CONTRACTOR NOTICE OF THE FACTUAL AND CONTRACTUAL BASIS FOR REJECTION AND CERTIFYING THE SAME AS MADE IN GOOD FAITH WITHIN SUCH SEVEN DAY PERIOD, THE OWNER SHALL BE DEEMED TO HAVE ACCEPTED THE SUBSTANTIAL COMPLETION.” The Owner shall accept or reject such notices within seven days of receipt, and if it rejects the notices it shall give the Contractor notice of the factual and contractual basis for rejection certifying the same as made in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of faith within such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Nonseven-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefromperiod. If the cost to Landlord Contractor disputes the Owner’s rejection of a notice of completion, it may proceed as described in Section 4.4 above. The Owner’s acceptance or deemed acceptance of a notice of completion shall not limit or preclude the effect of any warranty, guarantee or other obligation on the part of the Tenant Improvements is increased Contractor or any third party to repair, replace or correct defective Work after substantial or final completion, including without limitation warranties and obligations set forth in any way by a Tenant Delaythis Contract or in third party contracts, Tenant all of which shall also pay to Landlord on remain in full force and effect after such acceptance. Unless this Contract expressly permits Substantial and Final Completion for specifically defined phases of the Commencement Date Work, Substantial Completion and Final Completion respectively shall mean Substantial Completion and Final Completion of all of the additional cost so incurredWork required under the Contract.

Substantial Completion. The work Upon Substantial Completion of the Landlord Work, Landlord shall be deemed substantially completed (“Substantial Completion”) for deliver the purposes of this Paragraph 5Premises and "Base Building", notwithstanding as that term is defined below, to Tenant, and Tenant shall accept the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed Premises and Base Building from Landlord in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working their then existing "as-is" condition, subject only to completion the terms and condition contained in the Lease and Landlord's Construction Warranty (defined below). The "Base Building" shall consist of minor punch list items which do not materially interfere with Tenant’s use those portions of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, which were in existence prior to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request in the Premises (including the Landlord Work). Landlord's contractor shall be designated and retained by Tenant that Landlord delay to construct the Landlord Work. For purposes of this Lease, "Substantial Completion" of the Landlord Work in the Premises shall occur upon the completion of any construction of such work; Tenant’s failure to supply timely any information necessary to complete all of the Final Drawings; any breach or default by Tenant Landlord Work in the performance Premises in accordance with the Base Building Specifications and all applicable Legal Requirements and Private Restrictions in effect as of the date of Substantial Completion (as the same shall be certified by Landlord's architect to Landlord and Tenant) and Landlord’s receipt of all required sign-offs directly related to the Landlord Work by applicable governmental authorities with jurisdiction over the Project, with the exception of any Punch List Items that do not materially impair Tenant from commencing construction of the Tenant Improvements, the Tenant Improvements and any tenant fixtures, work-stations, built-in furniture or equipment to be installed by Tenant. Notwithstanding the foregoing, in the event that a sign-off by a governmental authority cannot be obtained as a result of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision 's particular use of the Approved Bid Premises or any additional work to be performed by or on behalf of Tenant outside of the scope of the Landlord Work (to including, without limitation, the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay installation of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in and/or Tenant's trade fixtures or equipment), then the receipt of such sign-offs by the applicable governmental authority shall not be required for Substantial Completion of the Landlord Work to occur (and only the certification by Landlord's architect shall be required). In the event of any way dispute between Landlord and Tenant as to whether Substantial Completion of the Landlord Work has occurred, the sign-off and approval of the Landlord Work by a Tenant Delaythe municipal building inspector shall be conclusive. Within ten (10) business days after Substantial Completion of the Landlord Work (as reasonably determined by Landlord), Tenant and Landlord shall also pay jointly conduct a walk-through of the Premises and shall jointly prepare a punch list ("Punch List") of items needing additional work ("Punch List Items"); provided, however, the Punch List shall be limited to items which are required by the Base Building Specifications and any other changes mutually agreed to in writing by the parties. Landlord agrees to repair the Punch List Items promptly following the joint walk through but, in no event, later than thirty (30) days thereafter; provided, however, if any item on the Punch List cannot reasonably be corrected or remedied within such 30-day period, then Landlord shall have such additional time as shall be reasonably necessary to correct or remedy such item; provided, further, that the Punch List shall have no effect on Substantial Completion. If Landlord and Tenant are unable to conduct such walk-through within such ten (10) business day period due to scheduling conflicts, then the parties shall conduct the walk-through as soon as reasonably practical; provided, however, in no event shall the date of Substantial Completion and/or the Commencement Date the additional cost so incurredbe impacted to accommodate such walk-through.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for For purposes hereof, the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when phrase "substantial completion" means (i) the completion (as determined, in the event of a dispute, in accordance with AIA standards) of the construction work to be performed by Landlord pursuant to the "Plans" (as defined in Exhibit C, "Construction Provisions," attached hereto), except for such items that constitute minor defects or adjustments which can be completed after occupancy by Tenant Improvements without causing any material interference with Tenant's use of the Premises (so-called "punch list" items) (ii) Landlord has obtained a Certificate of Occupancy, or a Temporary Certificate of Occupancy, or the equivalent, for that portion of the Building that includes all of the Premises, (iii) The parking spaces alloted to Tenant pursuant to the Parking License Agreement have been substantially completed made available for Tenant's use, (iv) Tenant has been given sufficient prior access to the Premises in order to install its light fixtures, telephones and communications systems and trade fixtures, (v) Tenant has been tendered continuous and uninterrupted access to the Premises, (vi) Tenant has received the non-disturbance agreement signed by Landlord and its Mortgagee, as required by Article 30, and (vii) All of the Building Systems are operational to the extent necessary to service the Premises. Notwithstanding the foregoing, in the event of a dispute between Tenant and Landlord as to the date of substantial completion of the Premises, Tenant shall nevertheless commence the payment of Rent hereunder as of the date of Landlord's determination, but such payment shall be without prejudice to Tenant's right to demand, by written notice to Landlord, arbitration of such dispute by arbitration conducted in Los Angeles, California pursuant to the rules then obtaining of the American Arbitration Association. Except as expressly set forth above, no other dispute under this Paragraph 3(b) shall be determined by or submitted to arbitration. The arbitration conducted hereunder shall be conducted in accordance with the Final Drawings terms and conditions set forth in Article 45 hereof. If, pursuant to such arbitration, it shall be determined in such proceeding to have been overpaid with regard to the matter in dispute together with interest at the Agreed Rate. On or about the date when Landlord has substantially completed all work to be performed by Landlord in the Premises. Landlord and Tenant shall inspect the Premises and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays)noted in writing on Landlord's punch list form. In addition, Tenant shall, on shall submit a final punch list to Landlord thirty (30) days after the Commencement Date under the LeaseDate. As soon thereafter as conditions permit, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefromshall complete all such punch list items. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also do any act which would increase Landlord's cost of completing any such punch list items then Tenant shall pay such increase in Landlord's costs upon its receipt of invoice therefor from Landlord. Upon Landlord's completion of such punch list items, Landlord and Tenant shall reinspect the Premises with regard to Landlord all punch list items previously noted and shall indicate on the Commencement Date the additional cost Landlord's punch list form if such items have been satisfactorily completed. Tenant's failure to reinspect any such punch list items with fifteen (15) days after Landlord's written request to do so incurredshall constitute an acceptance by Tenant of such items as being satisfactorily completed.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”" or "Substantially Completed" as used herein shall mean both (a) for delivery of written a certificate of Landlord to Tenant certifying the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request in the Premises pursuant to the approved Construction Documents with the exception of minor details of construction installation, decoration, or mechanical adjustments and punchlist items as certified to by Landlord and (b) the issuance by the City of Carlsbad of a certificate of occupancy, a temporary certificate of occupancy or some other authorization necessary to permit Tenant to occupy and receive the beneficial use of the Premises. Substantial Completion shall be deemed to have occurred, and completion of the Tenant Improvements shall be deemed to have occurred, notwithstanding the requirement to complete "punchlist" items or similar corrective work. Tenant agrees that if Landlord delay the completion shall be delayed in causing such work to be Substantially Completed as a result of any of the events as defined below (referred to herein as a "Tenant Delay"), then such workdelay shall be the responsibility of Tenant, and will result in the Commencement Date of the Term or, as applicable, the commencement of any portion of Tenant's Base Monthly Rent obligations hereunder being the earlier of: (i) Tenant's opening of the Premises for business; (ii) the date of Substantial Completion or (iii) the date when Substantial Completion would have occurred if there had been no Tenant Delay, providing that Landlord shall not be required to work on an overtime basis in order to bring the Premises to Substantial Completion. For the purposes of this Work Letter, a Tenant Delay is defined as follows: (a) Tenant’s 's failure to supply timely comply with any information necessary to complete time frames set forth herein or in the Final Drawings; Lease, (b) any breach or default changes in the Construction Documents after the dates set forth in Section 1.2 of Exhibit C requested by Tenant in after Landlord's and Tenant's approval of the performance Construction Documents, including, without limitation, any changes made to reduce the Cost Quotation pursuant to Section 3.2.2 of this Work Letter, (c) Tenant’s obligations under this Lease; 's failure to furnish any modificationsdocuments required herein or approve any item or any cost estimates as required herein, revisions and changes to the Final Drawings requested by (d) Tenant; Tenant’s 's request for any Non-materials, finishes, or installations other than Landlord's Building Standard work items, (e) Tenant's failure to perform any act or delays resulting from revision of obligation imposed on Tenant by the Approved Bid Lease or this Work Letter as and when requested thereunder or hereunder, or (to the extent such delays are caused by Tenant’s acts or omissions to actf) after the Final Drawings are approved; and any other delay of any kind or nature otherwise caused by Tenant, its employeesagents, agents employees or independent contractors. Any such contractors which operates to delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that 's Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way Improvements, as reasonably determined by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredLandlord.

Substantial Completion. The work At settlement, Seller shall be deemed deliver the Property and the appurtenances thereto substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings Condominium Plat and Plans, as may be modified and amended from time to time, with all mechanical systems standard fixtures, appliances, and equipment listed on the attached Schedule A, as well as all Purchaser=s Options listed on the attached Schedule B. Purchaser acknowledges that any measurements shown on the Plats and Plans or otherwise quoted by Seller or Agent are approximations and that actual dimensions may not be exactly as shown. Seller shall not be required to install or provide any fixtures or appliances not actually installed in the Property at the time of Pre-Settlement Inspection pursuant to Section 9, unless otherwise agreed in writing to be installed by Landlord therein are Seller. Seller shall have the absolute right to make minor changes in good working condition, subject only to completion the dimensions of minor punch list items which do not materially interfere with Tenant’s use any portion of the Premises as contemplated Condominium and permitted under the Leaseto substitute materials, fixtures, equipment, and (ii) a Certificate appliances that Seller determines to be of Occupancy for substantially equal quality or performance as those specified in the Premises hasPlat and Plans, Schedule A or B hereto, any of the Condominium Instruments, or any sales or marketing documents. Seller further reserves the right, but shall not be obligated, to make changes in construction as may be necessitated from time to time due to the extent particular requirements of Purchaser=s or Seller=s mortgage lenders, the Veteran=s Administration, or any other governmental authority having jurisdiction over the Property or the Condominium; or as may be otherwise required for Tenant’s occupancy of the Premisesby material shortages, been issued by the City of Friscowork stoppages, Texasemergencies, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information or necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings Plat and Plans discovered in constru ction for reasons of impossibility, structural soundness, or aesthetics; or as may result from acts of God, labor disputes, fire or other casualty, Seller=s inability to obtain materials and/or labor for any options, decorator selections, or other extra work requested by Tenant; Tenant’s request for Purchaser and approved by Seller, zoning requirements and laws, governmental approvals of any Non-Building Standard work kind, inclement weather, or delays resulting from revision any other similar or dissimilar causes or reasons beyond the reasonable or practical control of Seller. Any dispute involving delivery of the Approved Bid (Property in accordance with the Plat and Plans and Schedules A and B hereto shall be submitted to the extent such delays are caused by Tenant’s acts or omissions to act) after Architect for the Final Drawings are approved; and any other delay of any kind or nature caused by Tenantproject, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused whose decision shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredbinding.

Substantial Completion. Landlord shall cause the Work to be ---------------------- "substantially completed" on or before twelve (12) months following the issuance of building permits by the appropriate governmental authorities, subject to delays caused by strikes, lockouts, boycotts or other labor problems not directly related to the project, casualties, discontinuance of any utility or other service required for performance of the Work, unavailability or shortages of materials, force majeure as defined in Section 2.3(b) of the Lease Agreement or other problems in obtaining materials necessary for performance of the Work, and also subject to "Tenant Delays" (as defined and described in Paragraph 6 of this Build-to-Suit Letter). No allowance shall be made for any time lost due to fault of Landlord or Landlord's general contractor. The work Work shall be deemed to be "substantially completed (“Substantial Completion”) completed" for all purposes under this Build-to-Suit Letter and the purposes Lease if and when a certificate of this Paragraph 5occupancy or temporary certificate of occupancy is issued, notwithstanding the fact regardless of any "punch list" items that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performedcompleted. Subject to the Drop Dead provisions of Section 2.3, when if the Work is not deemed to be substantially completed on or before twelve (i12) months following the issuance of building permits by the appropriate governmental authorities, (a) Landlord agrees to use reasonable efforts to complete the Work as soon as practicable thereafter, (b) the Lease shall remain in full force and effect subject to Section 2.4, (c) Landlord shall not be deemed to be in breach or default of the Lease or this Build-to-Suit Letter as a result thereof and Landlord shall have no liability to Tenant Improvements have been as a result of any delay in occupancy (whether for damages, abatement of Rent or otherwise), and (d) except in the event of Tenant Delays, and notwithstanding anything contained in the Lease to the contrary, the Commencement Date of the Term shall be extended to the date on which the Work is deemed to be substantially completed in accordance with and the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use Expiration Date of the Premises as contemplated Term shall be extended by an equal number of days. At the request of either Landlord or Tenant in the event of such extensions in the Commencement Date and permitted under Expiration Date of the Term of the Lease, Tenant and (ii) a Certificate of Occupancy for the Premises has, Landlord shall execute and deliver an amendment to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by LandlordLease reflecting such extensions. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure agrees to supply timely any information necessary use reasonable diligence to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Nonall punch-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) list items promptly after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredsubstantial completion.

Substantial Completion. The work Landlord shall be deemed substantially completed (“Substantial Completion”) for cause the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain Work to be performed, when “substantially completed” on or before (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease3rd Floor North Scheduled Completion Date, and (ii) the 3rd Floor South Scheduled Completion Date, subject to delays caused by strikes, lockouts, boycotts or other labor problems, casualties, discontinuance of any utility or other service required for performance of the Work, unavailability or shortages of materials or other problems in obtaining materials necessary for performance of the Work or any other matter beyond the control of Landlord (or beyond the control of Landlord’s contractors or subcontractors performing the Work) and also subject to “Tenant Delays” (as defined and described in Paragraph 6 of this Work Letter). The Work shall be deemed to be “substantially completed” for all purposes under this Work Letter and the Lease if and when Landlord’s architect issues a Certificate written certificate to Landlord and Tenant, certifying that the Work has been substantially completed (i.e., completed except for “punchlist” items listed in such architect’s certificate) and reasonably approved by Tenant in substantial compliance with the Working Drawings and Landlord has obtained a certificate of Occupancy for occupancy or “signed off” job cards with respect to the Premises hasrespective portion of the Work. If the applicable portion of the Work is not deemed to be substantially completed on or before the scheduled date of the 3rd Floor North Commencement Date or the Third Floor South Scheduled Completion Date(a) Landlord agrees to use reasonable efforts to complete the Work as soon as practicable thereafter, (b) the Lease shall remain in full force and effect, except as otherwise provide in the Lease, (c) Landlord shall not be deemed to be in breach or default of the Lease or this Work Letter as a result thereof and except as and to the extent required for Tenant’s occupancy expressly provided in the Lease, Landlord shall have no liability to Tenant as a result of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion occupancy (whether for damages, abatement of Landlord’s work Rent or otherwise), and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (d) except to the extent such delays are caused by Tenant’s acts or omissions of Tenant Delays, and notwithstanding anything contained in the Lease to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectivelycontrary, the “Tenant Delays”) 3rd Floor North Commencement Date of the Lease Term as specified in Section 1.5 of the Lease shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal be extended to the length of such Tenant Delay, and date on which the Commencement Date shall in such event be Work is deemed to have occurred on be substantially completed. Landlord agrees to use reasonable diligence to complete all punchlist work listed in the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredaforesaid architect’s certificate promptly after substantial completion.

Substantial Completion. The work Landlord Work shall be deemed substantially completed to be “Substantially Complete” with respect to the Seventh Expansion Space on the date that (“Substantial Completion”i) for all Landlord Work with respect to the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial Seventh Expansion Space (other than any details of construction, mechanical adjustment or decoration remain to be performedany other similar matter, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion noncompletion of minor punch list items which do does not materially interfere with Tenant’s use or occupancy of the Seventh Expansion Space) has been performed in accordance with the Approved Construction Documents (as modified by any Change Order approved in writing by Landlord and Tenant), (ii) CPS has obtained all required final inspection approvals and/or necessary certificates allowing occupancy from all applicable authorities, (iii) all Building systems and equipment and that of the Landlord Work are fully tested and operational, and (v) at least thirty (30) days have elapsed after Tenant has been afforded access to all parts of the Seventh Expansion Space for installation of communications cabling, and server and IDF equipment installations (which will be performed concurrently with the Landlord Work). Prior to the Premises (or any portion thereof) being delivered to Tenant, a representative of Landlord and a representative of Tenant shall walk through the Premises (or such portion thereof) and jointly prepare a list of minor items which, in the mutual opinion of Landlord and Tenant, have not been fully completed or which require repair (the “Punch List Items”). Landlord shall cause its contractor to complete or repair the Punch List Items within 30 days after the date of the “walk-through”. Tenant shall not be entitled to any abatement of any rental obligations as pertains to the Premises pending completion of the Punch List Items. In the event that Tenant takes possession of any portion of the Premises as contemplated and permitted under following the Lease, and (ii) a Certificate construction of Occupancy for Landlord Work in such portion of the Premises hasin the absence of having created a punch list, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be deemed to have waived its right to create a punch list with respect to such portion of the Premises and shall be deemed to have accepted such portion of the Premises in its “as is” condition. Time is of the essence in connection with the obligations of CPS and Tenant under this Work Letter. Neither Landlord nor CPS shall be liable or responsible for any claims incurred (or alleged) by Tenant due to any delay in achieving Substantial Completion for any reason. Tenant’s sole and exclusive remedy for any delay in completion of Landlord’s work and construction achieving Substantial Completion for any reason other than Tenant Delay (defined below) shall be the resulting postponement (if any) of the Seventh Expansion Space Commencement Date and the commencement of rental payments for the Seventh Expansion Space under the Eleventh Modification. “Tenant Improvements resulting fromDelay” means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays the Substantial Completion of the Landlord Work, including: any request by Tenant that Landlord delay the completion of any of such work; (i) Tenant’s failure to supply timely furnish information or approvals within any information necessary time period specified in this Lease, including the failure to complete the Final Drawingsprepare or approve preliminary or final plans by any applicable due date; any breach (ii) Tenant’s selection of long-lead equipment or default materials; (iii) changes requested or made by Tenant to previously approved plans and specifications; or (iv) performance of work in the Premises by Tenant or Tenant’s contractor(s) during the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractorsLandlord Work. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.The Crescent®/Westwood Management Corp.

Substantial Completion. The work At such time as Sublandlord considers the Subtenant Improvements to be substantially completed, Sublandlord or Sublandlord’s representative will schedule a walk-through of the Sublease Premises with Subtenant or Subtenant’s representative. During such walk-through, Sublandlord or Sublandlord’s representative along with Subtenant or Subtenant’s representative will prepare a list of minor finish-out and punch list items to be completed (the “Punch List”). Sublandlord shall cause Sublandlord’s Contractor to complete and/or correct all items on the Punch List promptly after Sublandlord receives the Punch List and shall give Subtenant written notice when all of the items on the Punch List have been completed and/or corrected. Any items not on the Punch List which could have, with reasonable diligence, been discovered by Subtenant or Subtenant’s representative and included on the Punch List shall be deemed substantially accepted by Subtenant, and any items not on the Punch List which could not have, with reasonable diligence, been discovered by Subtenant or Subtenant’s representative and included on the Punch List and are thereafter discovered by Subtenant within thirty (30) days after Substantial Completion shall be corrected by Sublandlord’s Contractor promptly after Sublandlord receives notice of the same from Subtenant. If Subtenant and/or Subtenant’s representative fails to appear for such inspection, Subtenant shall be deemed to have agreed that no items exist that are incomplete or require correction which could have, with reasonable diligence, been discovered by Subtenant or Subtenant’s representative had Subtenant and/or Subtenant’s representative appeared at the inspection, and therefore Subtenant Improvements has been completed and Sublandlord shall not be required to complete or correct any such items which may in fact exist; or at Sublandlord’s election, Sublandlord or Sublandlord’s representative may prepare and approve the Punch List on Subtenant’s behalf. Subtenant Improvements (“Substantial Completion”) which for the purposes of determining substantial completion may exclude, at Sublandlord’s election, any Additional Work) shall be considered “Substantially Complete” for all purposes under this Paragraph 5, notwithstanding Exhibit TI and the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when Sublease when: (i) the Tenant Improvements have been substantially completed in accordance with applicable governmental authority issues a temporary or permanent certificate of occupancy for the Final Drawings and all mechanical systems installed by Landlord therein are in good working conditionSublease Premises, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and or (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s Subtenant first takes occupancy of the PremisesSublease Premises for the conduct of its business, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredwhichever first occurs.

Substantial Completion. The work Base Building Work and Tenant Improvements shall be deemed substantially completed (“Substantial Completion”hereinafter, "SUBSTANTIALLY COMPLETED" or "SUBSTANTIAL COMPLETION") for upon the purposes completion of this Paragraph 5the Base Building Work and the Tenant Improvements, notwithstanding the fact such that only minor or insubstantial details of construction, construction or mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion existence of minor punch list items which do not materially interfere with Tenant’s 's occupancy and use of the Premises as contemplated and permitted under Building for the Leaseconduct of Tenant's business, and (ii) upon the issuance of a Certificate temporary or permanent certificate of Occupancy occupancy by the governing local authority for the Premises has, Building. A certificate furnished by Architect as to the extent required for Tenant’s occupancy date of Substantial Completion shall be conclusive and binding upon both parties. Notwithstanding the Premises, been issued delivery of such certificate of Substantial Completion by the City of FriscoArchitect, Texas, Substantial Completion shall be deemed not to have occurred with respect to the Base Building Work and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: until Landlord has provided Tenant prior written notice and at least sixty (60) days of reasonably unrestricted physical access to the Building for purposes of Tenant's installation of furniture, fixtures and equipment. Within ninety (90) days after the date of Substantial Completion, Tenant shall notify Landlord in writing of any request remaining "punch list" or other corrective work to be completed by Tenant Landlord through the Contractor and TI Contractor. Such "punch list" or other corrective work shall be commenced by Landlord and completed within sixty (60) days following receipt of such notification from Tenant, or such longer period of time as is reasonably necessary to permit Landlord to complete such work in the event that Landlord delay the completion of any same is not possible within such sixty (60) day period with the exercise of reasonable diligence. Upon completion of such work; "punch list" and other corrective work to Tenant’s failure 's, TI Architect's and Architect's reasonable satisfaction, and upon Tenant's installation of its furniture, fixtures and equipment, Landlord shall obtain the issuance of a permanent certificate of occupancy, unless such certificate has previously been obtained. Landlord shall have no other obligation to supply timely any information necessary perform other work except with regard to complete the Final Drawings; any breach or default by Tenant Landlord's obligations to correct construction defects and deficiencies as provided in the performance of Tenant’s obligations under this Lease; any modifications, revisions Section 2.12 and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision maintain certain structural and other elements of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractorsProject as set forth in Section 15.02. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to reasonably cooperate with Landlord on in obtaining the Commencement Date the additional cost so incurredtemporary and permanent certificates of occupancy.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion” (and any correlative variations thereof) of the Warm Shell Improvements shall be not be deemed to occur until (a) the Building shells, the Building lobbies, the entrances, stairways and access ways for access to the Buildings, and all of the other Warn Shell Improvements described in the Final Warm Shell Plans have been completed, and Landlord’s architect (“Landlord’s Architect”) for has certified in writing that the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Warm Shell Improvements have been substantially completed in accordance with the Final Drawings Warm Shell Plans, except for finishing details, minor omissions, decorations and mechanical adjustments of the type normally found on an architectural “punch list” (which Landlord shall use commercially reasonable efforts to cause to be completed within thirty (30) days after Substantial Completion); (b) all mechanical utilities systems serving the Premises, life safety support systems, including fire sprinklers and safety auditory systems, all heating, ventilating and air conditioning systems serving the Premises, except to the extent such items may be included in Tenant’s Tenant Improvements, and Building elevators have been installed by Landlord therein and are operating; (c) all necessary governmental inspections of the Warm Shell Improvements have been obtained and approved; (d) the Premises are in good working conditionsuch a state of completion that, subject only to upon completion of the Tenant Improvements, the requirements necessary to obtain approval for occupancy of the Premises from applicable governmental authorities (including approval from the Building Department and Fire Department of the City of Sunnyvale for Tenant to occupy the Premises) have been satisfied; and (e) subject to minor punch list items which do not materially interfere with affect the usability of the Building, the Common Areas serving the Building are sufficiently complete to be usable by Tenant’s employees and customers (subject to completion of Tenant’s Tenant Improvements), but which Landlord shall use commercially reasonable efforts to cause to be completed within thirty (30) days after Substantial Completion. Upon Substantial Completion of the Premises Warm Shell Improvements, Landlord and Tenant shall arrange a mutually convenient time, no later than five (5) business days after the Substantial Completion date, for Tenant and/or Tenant’s Architect (as contemplated defined below) and permitted under Landlord and/or Landlord’s Architect to conduct a walk-through inspection of the LeaseWarm Shell Improvements. During the inspection, Landlord’s Architect shall compile a punchlist of items yet to be completed. Landlord shall use commercially reasonable efforts to complete the punchlist items within thirty (30) days following the walk-through, and (ii) a Certificate of Occupancy for any unreasonable interference with the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that while completing the punchlist work shall constitute a Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. Landlord and Tenant shall cause the General Contractor to Substantially Complete (defined below) the Tenant Improvements in accordance with the Approved Working Drawings within a commercially reasonable time with the intention to attempt to complete such improvements by the anticipated Commencement Date of the Lease as set forth in the Lease (the “Completion Date”), subject to delays due to (a) acts or events beyond its control including, but not limited to, acts of God, earthquakes, strikes, lockouts, boycotts, casualties, discontinuance of any utility or other service required for performance of the Tenant Improvements, moratoriums, governmental agencies, delays on the part of governmental agencies and weather, (b) the lack of availability or shortage of specialized materials used in the construction of the Tenant Improvements, (c) any matters beyond the control of Landlord, the General Contractor or any subcontractors, (d) any changes required by the fire department, building and/or planning department, building inspectors or any other agency having jurisdiction over the Building, and/or the Tenant Improvements (except to the extent such changes are directly attributable to Tenant’s use or Tenant’s specialized tenant improvements, in which event such delays are considered Tenant Delays) (the events and matters set forth in Subsections (a), (b), (c) and (d) are collectively referred to as “Force Majeure Delays”), or (e) any Tenant Delays (defined in Section 6 below). The work Tenant Improvements shall be deemed substantially completed complete on the date that the building officials of the applicable governmental agency(s) issues its final approval of the construction of the Tenant Improvements whether in the form of the issuance of a final permit, certificate of occupancy or the written approval evidencing its final inspection on the building permit(s) (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction“Substantially Completed”, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord“Substantially Complete”). Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work hereby acknowledges and construction agrees that the term “Substantial Completion” of the Tenant Improvements resulting from: any request by Tenant that Landlord delay as used herein will not include the completion of any of such work; work associated with Tenant’s failure Installations, including without limitation, Tenant’s high-pile storage requirements, Tenant’s racking systems, and work related to supply timely any information necessary requirements of governmental and regulatory agencies with respect to complete any of Tenant’s Installations. Except as expressly provided to the Final Drawings; any contrary in the Lease, if the Tenant Improvements are not deemed to be Substantially Completed on or before the scheduled Completion Date, (i) Landlord agrees to use reasonable efforts to Substantially Complete the Tenant Improvements as soon as practicable thereafter, (ii) the Lease shall remain in full force and effect, (iii) Landlord shall not be deemed to be in breach or default of the Lease or this document as a result thereof and Landlord shall have no liability to Tenant as a result of any delay in occupancy (whether for damages, abatement of all or any portion of the Rent, or otherwise), and (iv) except in the event of any Tenant Delays, which will not affect the Commencement Date but will extend the Completion Date without any penalty or liability to Landlord. Notwithstanding anything to the contrary contained in the Lease, the Commencement Date and the Expiration Date of the Term of the Lease (as defined in the Lease) shall be extended commensurately by the amount of time attributable to Force Majeure Delays (but the Commencement Date and Expiration Date shall not be extended due to any Tenant Delays), and Landlord and Tenant shall execute a written amendment to the Lease evidencing such extensions of time. In the event that any punch list items remain after Substantial Completion has been achieved, Landlord, at Landlord’s sole cost and expense, shall use reasonable commercial efforts to complete, or cause to be completed, all such punch list items after they are identified to Landlord by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredreasonable detail.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for SUBSTANTIAL COMPLETION" occurs when all of the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements following conditions have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion satisfied: (a) receipt of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, Substantial Completion by Architect on AIA Form G704 (or a substantially similar form) relating to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Improve ments; (b) Tenant Improvements resulting from: any request by can use the Premises for its intended purposes without material interference to Tenant that Landlord delay the completion of any of such workconducting its business activities; Tenant’s failure to supply timely any information necessary to complete the (c) Final DrawingsInspection has occurred; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to actd) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individuallyand invitees have ready access to, a “Tenant Delay,” and collectivelyparking adjacent to, the “Tenant Delays”Initial Building and the Premises (but not necessarily on paved surfaces); (e) shall extend necessary utilities (not including natural gas) and plumbing are available (availability through temporary facilities will be acceptable for this purpose; provided, however, that connection to permanent facilities will not result in the time unavailability or discontinuance of such utilities with respect to Tenant's use of the Premises thereafter) in capacities not less than as set forth in the Plans, are connected to mains or other appropriate sources, and all utility meters have been set and activated; (f) receipt of a certificate from an engineer stating that no additional easements are required to be granted for performance the benefit of Parcel B in order for Parcel B and the Improvements located thereon to be provided with access, utility services and drainage, as required by Landlord the Lease and this Leasehold Improvement Agreement; and (g) receipt (at Tenant's sole cost and expense) of Landlord’s obligations under this Exhibit “E” by an amount of time equal update to the length existing commitment for title insurance dated prior to (and as close as is reasonably practical to) the date of such Substantial Completion, showing no exceptions to title affecting the Premises (or interfering with or limiting Tenant's rights to Parcels A or D) other than those shown on Exhibit B or those approved or consented to by Tenant. At Landlord's request, Tenant Delaywill execute and deliver to Landlord a written acknowledgment that Substantial Completion has occurred. Acceptance of possession, and use or occupancy of the Commencement Date Premises by Tenant shall in such event not be deemed to have occurred constitute a waiver of Landlord's duties, obligations or warranties expressly set forth in the Lease. Landlord shall use reasonable efforts to give Tenant at least fifteen days' advance notice of the estimated date on the date that which Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, is expected to occur and five days' advance notice of any changes to the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredestimated Substantial Completion date.

Substantial Completion. The work shall be deemed substantially completed (“Delays in the Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use Completion of the Premises as contemplated and permitted under the Lease, and Work which occur (iia) a Certificate because of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in Tenant's delivery of the final working drawings to Landlord for Landlord's approval, (b) because of any delay by Xxxxxx in designating its architect, engineer, contractors and/or subcontractors for Landlord's approval, (c) because of any change by Tenant to the Working Drawings, (d) because of any specification by Tenant of materials or installations in addition to or other than Landlord's standard finish-out materials, (e) because Tenant, any contractor or subcontractor of Tenant, or Tenant's agents otherwise delays completion of Landlord’s work and construction the Work, (f) because of any delay resulting from Xxxxxx's exercise of the Tenant Improvements resulting from: any request by Tenant that Landlord delay early occupancy option with respect to the completion 2nd Floor Space, or (g) because of any of such work; other reason within Tenant’s failure 's control are herein called "TENANT'S DELAYS", provided that the foregoing shall not constitute Tenant Delays unless and until Xxxxxxxx gives notice thereof to supply timely any information necessary Tenant and Tenant fails to complete correct the Final Drawings; any breach action, inaction or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes condition giving rise to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to Delay within one (1) day of Base Rental multiplied such notice. Delays in the Substantial Completion of the Work which occur because of (i) any delay by Landlord in approving final working drawings or changes in the number Work submitted to Landlord for approval, (ii) any delay by Landlord in approving architects, engineers, contractors and/or subcontractors designated by Tenant, (iii) any other reason within Landlord's control, or (iv) Force Majeure are herein called "LANDLORD'S DELAYS". "SUBSTANTIAL COMPLETION" of the Work shall be deemed to have occurred, and the Work shall be deemed to be "SUBSTANTIALLY COMPLETED", when Landlord delivers the Premises to Tenant with the Work completed to a stage sufficient to permit the conduct by Tenant of its business in the ordinary course, in substantial compliance with all applicable governmental codes and requirements (including the Disabilities Acts to the extent Landlord is responsible therefor pursuant to the terms of this Lease), with all applicable Building systems and equipment in first class order and operating condition, and with all legal requirements prerequisite to Tenant's use of the Premises for the Permitted Use having been met, other than any required zoning changes for the Permitted Use which shall be governed by Section 26(f). The "COMPLETION DATE" of the Premises shall occur on the earlier of (1) fourteen (14) days of after the date on which the Premises are delivered to Tenant in a Substantially Complete condition, or (2) fourteen (14) days following the date the Premises would have been Substantially Complete but for Tenant Delays (the 14-day period described in order to compensate Landlord clause (1) or (2), as applicable, being herein called the "MOVE-IN PERIOD"); provided that the Move-In Period shall be extended for lost rentals resulting therefrom. If one (1) day, and the cost to Landlord Completion Date shall be delayed by one (1) day, for each day of Landlord's Delays during the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredMove-In Period.

Substantial Completion. The work shall be deemed substantially completed Within three (“Substantial Completion”3) for the purposes of this Paragraph 5, notwithstanding the fact business days after Landlord notifies Tenant that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been are “substantially completed in accordance with completed”, Landlord and Tenant (or their respective designated representatives) shall conduct a walk-through inspection of the Final Drawings Premises and all mechanical systems installed by Landlord therein are in good working conditionagree on those items, subject if any, to be included on a punchlist (the “Punchlist”). Punchlist items shall only to be those items of a type customarily found on an architectural punchlist, the correction and completion of minor punch list items which do will not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises. The Tenant Improvements shall be deemed to be “substantially completed” for the purposes of this First Amendment to Lease at such time as the Tenant Improvements have been completed, been issued by except for (a) mechanical adjustments and items on the City of Frisco, TexasPunchlist, and obtained (b) any long-lead time items requested by LandlordTenant. Tenant Delays. Tenant will be responsible for any delay in Landlord shall complete all Punchlist items within thirty (30) days after the date of substantial completion of Landlord’s work and construction of the Tenant Improvements resulting fromImprovements. EXHIBIT B-1 APPROVED PLAN [see attached] [Diagram intentionally omitted] [Diagram intentionally omitted] EXHIBIT C First Refusal Space [see attached] [Diagram intentionally omitted] EXHIBIT D SNDA Form for Existing Encumbrancer [see attached] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modificationsXXXXXX, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by TenantXXXX & XXXXXXXX LLP 000 Xxxxx Xxxxx Xxxxxx Xxx Xxxxxxx, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.Xxxxxxxxxx 00000 Attention: Xxxxx Xxxxx SPACE ABOVE THIS LINE FOR RECORDER’S USE

Substantial Completion. The work Landlord shall obtain all permits and approvals for the construction of the Improvements, and shall diligently proceed with the construction of the Improvements. “Substantial Completion” of the Improvements shall be deemed substantially to have occurred as of the date on which the Improvements have been completed with the exception of minor punchlist items which can be fully completed without unreasonable interference with the use of the Premises for the Permitted Uses by Tenant (“Substantial Completionpunchlist items”) for the ). For purposes of this Paragraph 5determining the applicable Commencement Date, notwithstanding such Substantial Completion of the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to Improvements shall be performed, when evidenced by either (i) a certificate of occupancy for the Premises, (ii) a temporary certificate of occupancy allowing Tenant Improvements to use the Premises for the Permitted Uses, and subject only to punchlist items or (iii) the issuance of a Certificate of Substantial Completion by Landlord’s architect, together with the issuance by the Town of Nxxxxxx Building Inspector of written permission to occupy the applicable Premises. Landlord shall notify Tenant of the expected date for Substantial Completion of Landlord’s construction obligations at least fifteen (15) days before such date. Following such notice, Tenant shall have been substantially completed in accordance the right to inspect the Premises, together with Landlord’s Representative or other representative of Landlord, for purposes of agreeing upon a “punchlist” of items remaining to be completed. With the exception of items referenced on said punchlist, Tenant shall be deemed to have accepted the condition of the Premises as of the applicable Commencement Date. Landlord shall thereafter promptly commence and diligently pursue to completion the work set forth on the punchlist, to the extent and only to the extent that such work is consistent with the Final Drawings Plans and Specifications. Landlord shall provide access the Premises on the date indicated on Exhibit D for the purpose of installing Tenant’s furniture, fixtures and equipment, including without limitation, the installation of telephone and date wiring and equipment, such access to subject to all mechanical systems installed of the terms, provisions and conditions of this Lease other than the obligation to pay Annual Fixed Rent, Additional Rent or any other charges, provided that any such work to be performed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do Tenant or its contractors during such period shall (i) not materially interfere with TenantLandlord’s use construction of the Premises as contemplated and permitted under the Leaseremaining Improvements, and (ii) be coordinated with the remaining Landlord Work in such a Certificate of Occupancy for manner as to maintain harmonious labor relations and not cause any work stoppage or damage to the Premises hasor the Building. Notwithstanding the foregoing, to in the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant event that Landlord delay is prevented from substantially completing the completion of any of such work; Tenant’s failure Improvements due to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively”, as defined in Section 3.5 below, the “Tenant Delays”) Improvements shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred be substantially completed for purposes of this Lease on the that date that on which said Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a applicable Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredas reasonably determined by Landlord’s architect.

Substantial Completion. Punch-List. The work Tenant Improvements shall be deemed to be "substantially completed" when Lessor: (a) is able to provide Lessee reasonable access to the Premises; (b) has substantially completed (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings Plans, other than decoration and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list "punch-list" type items and adjustments which do not materially interfere with Tenant’s Lessee's access to or use of the Premises as contemplated and permitted under the Lease, Premises; and (iic) has obtained a Certificate temporary certificate of Occupancy for occupancy or other required equivalent approval from the Premises has, to the extent required for Tenant’s local governmental authority permitting occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delayprovided, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord if substantial completion of the Tenant Improvements is increased delayed as a result of any Tenant Delays described in Section 4 below then, notwithstanding anything in the Lease or this Addendum to the contrary and subject to the Abatement Period, Lessee's rental obligations and the time period for calculating the term of the Lease shall commence as of the date the Tenant Improvements would have been substantially completed but for such Tenant Delays, and provided further that if substantial completion of the Tenant Improvements is delayed as a result of any way by Force Majeure Delays described in Section 5 below, then the substantial completion of the Tenant Improvements shall be subject to extension for such Force Majeure Delays. Within five (5) business days after such substantial completion, Lessee shall conduct a Tenant Delaywalk-through inspection of the Premises with Lessor and provide to Lessor a written punch-list specifying those decoration and other punch-list items which require completion, Tenant which items Lessor shall also pay to Landlord thereafter diligently complete; provided, however, that Lessee shall be responsible, at Lessee's sole cost and expense, for the remediation of any items on the Commencement Date punch-list caused by Lessee's acts or omissions. The term "substantial completion" shall have the additional cost so incurredsame meaning as the term "substantially completed."

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for Completion of the purposes of Shell Improvements” as used in this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when Tenant Work Letter shall mean: (i1) the Tenant Shell Improvements have been and the Parking Facilities are substantially completed complete in substantial accordance with Exhibit B-1 (except for Surface Lot A, which Landlord shall complete in accordance with Section 6.1.1 below and the Final Drawings “Punch List Items,” as hereinafter defined, which Landlord shall complete in accordance with Section 6.3 below) to the extent necessary to allow Tenant to obtain a certificate of occupancy or temporary certificate of occupancy upon completion of the Tenant Improvements, (2) the Shell Improvements and the Parking Facilities are substantially in compliance with all mechanical systems installed applicable laws as evidenced by an architect’s certificate of substantial completion and a civil engineer’s letter of concurrence, (3) all of the Building Systems to be constructed by Landlord therein in accordance with Exhibit B-1 are in good working conditionorder, subject only (4) Tenant has been delivered uninterrupted access to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by and access to the City other required portions of Friscothe Building and the common areas, Texas, and obtained by Landlord. in all events sufficient to allow Tenant Delays. Tenant will be responsible for any delay in to conduct its business operations from the Premises (after Tenant’s completion of Landlord’s work the Tenant Improvements); (5) the delivery by Landlord of a final inspection sign-off for the Shell Improvements and the Parking Facilities (or other similar governmental sign-off adequate to allow Tenant to commence construction of the Tenant Improvements resulting from: any request by after Tenant that Landlord delay has received its building permit for the Tenant Improvements), and (6) the completion of any the paving, sidewalks, lighting, curbs, gutters, storm drains, sewers, landscaping, lighting and irrigation within such portion of such work; Tenant’s failure to supply timely any information the common areas as is reasonably necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes allow access to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision and to allow tenants of the Approved Bid (Building to be open to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenantpublic, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall all in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredaccordance with applicable laws.

Substantial Completion. The work For purposes of this Lease, “Substantial Completion of the Must-Take Space Tenant Improvements” shall occur (and the Must-Take Space Tenant Improvements shall be deemed substantially completed (“Substantial CompletionSubstantially Complete”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when upon: (i) the completion of construction of the Must-Take Space Tenant Improvements pursuant to the Must-Take Space Approved Working Drawings, with the exception of (A) any punch list items that do not materially and adversely affect Tenant’s use and occupancy of the Must-Take Space and/or materially and adversely interfere with the installation by Tenant of its cabling, furniture, fixtures and equipment in the Must-Take Space, and (B) any tenant fixtures, work-stations, built-in furniture, or equipment to be installed in the Must-Take Space by Tenant or under the supervision of the Must-Take Space Contractor; (ii) the issuance by the applicable government authorities of a certificate of occupancy, temporary certificate of occupancy, or its equivalent (including, without limitation, a final inspection sign-off by the City of San Xxxx) permitting occupancy of the Must-Take Space; and (iii) the issuance by the Must-Take Space Architect of a “Certificate of Substantial Completion” certifying that the Must-Take Space Tenant Improvements have been substantially completed in accordance with the Final Drawings Must-Take Space Approved Working Drawings. Within five (5) days after the date of Substantial Completion of the Must-Take Space Tenant Improvements, Landlord’s and all mechanical systems installed by Tenant’s respective representatives shall inspect the Must-Take Space and identify the punch-list items of the Must-Take Space Tenant Improvements and jointly prepare a written list of such punch-list items. Landlord therein are shall cause the Must-Take Space Contractor to diligently complete the punch-list items set forth on such list as soon as reasonably possible thereafter; provided, however, that in good working condition, subject only to no event shall the completion or non-completion of minor punch such punch-list items which do not materially interfere have any effect on the Must-Take Space Commencement Date. Landlord shall, however, be under no obligation to repair any damage caused by Tenant in connection with Tenant’s use of move into the Premises as contemplated and permitted under Must-Take Space, the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request exercise by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations its rights under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature Section 6.1 below and/or otherwise caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord all of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused which shall be the “net” delay, however, determined repaired by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredat Tenant’s cost.

Substantial Completion. The work Except as otherwise specifically provided in this Lease (including without limitation a delay in Landlord’s achieving Substantial Completion by reason of a Tenant Delay), and consistent with the provisions of Sections 6.2 and 6.3 of this Lease, Tenant shall not be deemed substantially completed liable to Landlord for the payment of Rent or any other payment under this Agreement applicable to a Phase (“Substantial CompletionTenant Payment Obligations”) for until the purposes of this Paragraph 5, notwithstanding Landlord’s Work with respect to the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been applicable Phase is substantially completed in accordance with all Legal Requirements and the Final Drawings Plans, as certified by Architect in an executed and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenantdated document on Architect’s use of letterhead (the Premises as contemplated and permitted under the Lease, and (ii) a “Architect’s Certificate of Occupancy Substantial Completion”), the Phase is ready for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employeesand Landlord has obtained a certificate of occupancy therefor, agents or independent contractorsTenant has taken occupancy of substantially all of a Phase and commenced doing business therein (hereinafter, “Substantial Completion”). Any such delay (individuallySubject to the preceding sentence, a “if Tenant Delay,” and collectivelyoccupies any portion of the Building prior to Substantial Completion of the Improvements, the “terms of this Lease shall apply to such occupancy. By occupying any Phase, Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on accepted the same and to have acknowledged that such Phase, as applicable, is in the condition required by this Lease except for those items set forth in the “Punch Lists” (defined herein), if any, and latent defects in Landlord’s Work. Tenant Payment Obligations shall commence upon the Phase Commencement Date (defined herein) applicable to a Phase in accordance with Sections 6.2 and 6.3 (or, if earlier, the date that Substantial Completion such Phase Commencement would have occurred but for such a Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delayDelay); provided, however, determined if the Building is partially completed and partially ready for occupancy, and is occupied by multiplying Tenant, or Tenant is required to occupy same, a pro rata portion of all Tenant Payment Obligations shall be payable commencing with such date of partial occupancy, and shall be equitably adjusted from time-to-time based upon the number portion of days that the Phase substantially completed and occupied by Tenant. Tenant Delays exceed shall notify Landlord Delayswhen it needs to obtain access to the applicable Phase to perform Tenant Fixturing Work and in response thereto Landlord shall notify Tenant of the date when Substantial Completion of each Phase of the Premises is expected to be achieved (“Substantial Completion Target Date”). In addition, Tenant shall, on With the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord exception of the Existing Renovated Office Space, absent such notification, Landlord shall give notice to Tenant Improvements approximately forty-five (45) days prior to the Substantial Completion Target Date. After the applicable notice is increased in any way either given or received by a Tenant DelayLandlord, Tenant shall also pay be permitted (a) access to the First Phase upon execution of this Lease, and (b) limited access to the Second Phase on or before April 1, 2003 (such date of limited access to the Second Phase is referred to herein as the “Limited Access Date”) to perform Tenant Fixturing Work; provided that: (a) Section 19 (Indemnification) and Section 20 (Insurance), shall be applicable and effective as of the Limited Access Date; (b) Tenant shall deliver to Landlord on the Commencement Certificate of Insurance noted in Section 20 prior to the Limited Access Date and the additional cost so incurredinsurance shall be effective as of that date; (c) Tenant will avoid any interference with Landlord’s completion of the Landlord’s Work; and (d) Tenant shall submit its installation plans to Landlord for Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed. The Vivarium Phase shall not be deemed to have obtained Substantial Completion if the certificate of occupancy with respect thereto has any prohibition against the use of the vivarium for animal research (other than a prohibition against on-site disposal by burning of dead animals), and any such prohibition shall be deemed, for purposes of this Lease, to be the equivalent of the pendency of any Zoning Amendment Appeal (defined herein) or Subsequent Appeal (defined herein) under Section 9 .

Substantial Completion. The work “Substantial Completion Date” shall be deemed the date that (i) Landlord, its architect, engineer or construction manager determines that Landlord’s Work has been completed, except for (1) finishing details, minor omissions, mechanical adjustments, and similar items of the type customarily found on an architectural punch-list (the “Punch-List Items”), the correction or completion of which will not substantially completed interfere with Tenant’s occupancy and use of the Premises; and (2) trade fixtures, workstations, telecommunications or computer cabling or built-in furniture or equipment to be installed by Tenant (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for Tenant is legally permitted to occupy the Premises has(as evidenced by a temporary or final certificate of occupancy, to or final inspection and sign-off on the extent required job card for TenantLandlord’s occupancy Work, or reasonable equivalent); provided, however, (i) if Landlord is delayed in completing Landlord’s Work or in delivering possession of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Premises to Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion as a result of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Substantial Completion Date shall in such event be deemed to have occurred on the date that the Substantial Completion Date would have occurred but for in the absence of such Tenant Delays Delay, as reasonably determined by Landlord or Landlord’s architect; and (it being agreed that, ii) if Tenant takes possession and commences business operations in such eventthe Premises prior to the Substantial Completion Date, the delay so caused Substantial Completion Date shall be deemed to have occurred on the date Tenant commences business operations in the Premises. Tenant shall be responsible for and shall pay any costs and expenses incurred by Landlord in connection with, or as a consequence of, any Tenant Delay. As used in this Lease, the term “Tenant Delay” means a delay in the completion of Landlord’s Work or the delivery of possession of the Premises to Tenant, to the extent caused by the act, omission, neglect or failure of Tenant or any of Tenant’s agents, employees, contractors or subcontractors, including, without limitation, to the extent caused by Change Order Requests. EXHIBIT C-1 APPROVED SPACE PLAN [See Attached] EXHIBIT C-2 TI SPECIFICATIONS [See Attached] EXHIBIT C-3 PRLIMINARY PRICING [See Attached] EXHIBIT D COMMENCEMENT DATE CONFIRMATION THIS CONFIRMATION AGREEMENT is entered into as of , 20 by and between CarrAmerica Realty Corporation, a Maryland corporation (“Landlord”), and Pericom Semiconductor Corporation, a California corporation (“Tenant”), with respect to that certain Lease dated as of October 27, 2003 (the “net” delayLease”) respecting certain premises (the “Premises”) located in the building known as 0000 Xxxxx Xxxxx Xxxxxx, howeverXxx Xxxx, determined by multiplying Xxxxxxxxxx. Pursuant to Section 1.A of the number of days Lease, Landlord and Tenant hereby confirm and agree that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under (as defined in the Lease) is , pay to Landlord an amount equal to one 20 and that the Termination Date (1as defined in the Lease) day of Base Rental multiplied by is , 20 . This Confirmation Agreement supplements, and shall be a part of, the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredLease.

Substantial Completion. The work Landlord and Tenant shall be deemed substantially completed (“Substantial Completion”) for walk through and inspect Landlord's Work just before the purposes anticipated date of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of Landlord's Work. If, at the time of the inspection, any materially defective or unfinished items of Landlord's Work (excluding minor punch details, adjustments, or any other punch-list items which do that would not materially interfere with Tenant’s 's use of the Premises for normal business operations), then Landlord shall promptly cause those items, if any, to be completed or corrected, as contemplated the case may be. Tenant shall, within five (5) days after confirmation of Substantial Completion (as defined below) pursuant to the inspection, execute a certificate confinning that Landlord's Work is Substantially Complete and permitted under identifying all punch-list items (the Lease"Substantial Completion Certificate"). Landlord shall complete all punch-list items identified by Tenant within thirty (30) days after the issuance of the Substantial Completion Certificate, or a longer period of time if reasonably necessary to complete the punch-list items. "Substantial Completion" or "Substantially Completed" means that: (i) there are no materially defective or materially unfinished items in Landlord's Work that would materially interfere with Tenant's use of the Premises for normal business operations; and (ii) a Certificate of Occupancy for the Premises has, have been completed by Landlord substantially pursuant to the extent required for Tenant’s occupancy of the PremisesFinal Plans, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible except for any delay punch-list items. Landlord's Work may include variations from the Final Plans without Tenant's prior approval if those variations are necessary to comply with any laws, ordinances, or regulations or are otherwise reasonably necessary, as determined by Landlord in completion its sole discretion. In the event of Landlord’s work a dispute between Landlord and Tenant as to whether Landlord has Substantially Completed the construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant Premises as required in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individuallyWork Letter, a “Tenant Delay,” and collectively, the “Tenant Delays”) certificate executed by Landlord's architect shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredconclusive.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for the For purposes of this Paragraph 5Lease (including all provisions of this Work Agreement), notwithstanding the fact Premises (or any particular floor thereof), and the Tenant Work therein, shall conclusively be deemed to be "substantially complete" as soon as (i) the Tenant Work (specifically excluding any of Tenant's telephone equipment, special office equipment, computer equipment, audio/visual equipment, cabling and wiring, supplemental HVAC equipment, systems furniture, other furniture and personal property, Tenant Special Equipment and any items to be installed or constructed by Tenant or Tenant's contractor or vendor) to be installed in the Premises (or such particular floor thereof) by Landlord pursuant to this Work Agreement has been constructed in accordance with the Tenant Plans approved by Landlord and any change orders approved by Landlord, as certified by Landlord's construction manager, subject to Landlord's completion of any punch list items of work which do not materially interfere with Tenant's permitted and intended use of the Premises (or such particular floor thereof), (ii) the Building's parking area is available for Tenant's use in accordance with the Lease, (iii) reasonable access to the Premises (or such particular floor thereof) is available for Tenant, (iv) the base Building systems necessary to provide the services required hereunder to be provided by Landlord to the Premises (or such particular floor thereof) are functional and (v) a temporary or permanent certificate of occupancy has been obtained for the Premises (or such particular floor thereof); provided, however that no such certificate of occupancy shall be required for the Premises (or such particular floor thereof) to be substantially complete if Landlord is unable to obtain such certificate of occupancy as a result of any act or omission of Tenant or Tenant's contractors or vendors, including without limitation, as a result of any systems furniture, Tenant Special Equipment or any work to be installed or constructed by Tenant or Tenant's contractors or vendors not being complete at the time that the Premises would otherwise be substantially complete. Tenant shall cooperate with Landlord in connection with Landlord obtaining certificate(s) of occupancy for the Premises. Notwithstanding the above, (a) the Premises (or such particular floor thereof) shall be considered substantially complete even though there remain to be completed in the Premises punch list items, including but not limited to minor or insubstantial details of construction, decoration or mechanical adjustment or decoration remain to be performedadjustment, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to lack of completion of minor punch list items which do will not materially interfere with Tenant’s 's permitted and intended use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of or such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delaysparticular floor thereof). In addition, notwithstanding the foregoing, upon the occupancy by Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number any portion of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord any floor of the Tenant Improvements is increased in Premises for the purpose of conducting business therein (as opposed to preparing the Premises for Tenant's use) such floor shall be deemed to be substantially complete, whether or not any way by a Tenant Delay, Tenant shall also pay of the other conditions to Landlord on the Commencement Date the additional cost so incurredsubstantial completion have then occurred.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for ” or “Substantially Completed” as used herein shall mean all of the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when following have occurred: (i) delivery of a factually correct written notice to Tenant of the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by in the Expansion Space substantially in accordance with the approved T.I. Plans and Specifications with the exception of minor details of construction installation, decoration, or mechanical adjustments, punchlist items, (ii) expiration of the Early Access Period (as defined in Section 5.1) (iii) the City of Carlsbad has issued a final inspection approval, certificate of occupancy (or equivalent), a temporary certificate of occupancy (or equivalent) or other equivalent authorization, or Tenant has occupied and obtained the beneficial use of the EXHIBIT “B” Expansion Space. Tenant agrees that if Landlord delay the completion shall be delayed in causing such work to be Substantially Completed as a result of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach events described herein (or default by Tenant elsewhere in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, as a “Tenant Delay,” and collectivelythen such delay shall be the responsibility of Tenant. In any such event, the “Tenant Delays”) Substantial Completion shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the earlier of: (a) the date that of Substantial Completion or (b) the date when Substantial Completion would have occurred but if there had been no Tenant Delay. Landlord shall not be required to work on an overtime basis. For the purposes of this Work Letter, a “Tenant Delay” is defined as any delay directly or indirectly resulting from: (1) Tenant’s failure to comply with any time frames set forth herein or in the Lease (including the deadline set forth in Section 1.3.3 for (v) Tenant to meet with Landlord and Architect for purposes of preparing the Space Plan, (w) Tenant’s approval of the Space Plan, (x) Tenant’s delivery of the names of Tenant’s third party consultant and/or submittal and/or re-submittal (to the extent of any revisions required by Landlord) of the MEP/Lab Program and/or Manufacturing/Lab Layout, (y) Tenant’s approval of the MEP Fully Engineered Drawings and (z) Tenant’s approval of the T.I. Construction Drawings as such time frames may be adjusted in accordance with Section 1.3.3(b) as a result of Tenant’s timely delivery of a Tenant’s Ready to Commence Construction Notice); (2) any changes in any stage of the T.I. Plans and Specifications requested by Tenant Delays after Landlord’s and Tenant’s approval of such stage, including, without limitation, any Change Order or changes made to reduce the Estimated Construction Cost; (it being agreed that3) Tenant’s failure to timely furnish any documents required herein or to timely approve any item or any cost estimates, the Estimated Construction Costs or any Change Orders, as required herein; (4) Tenant’s request for materials, finishes, or installations other than Landlord’s Building Standard items; (5) Tenant’s failure to timely perform any act or obligation imposed on Tenant by the Lease or this Work Letter as and when requested thereunder or hereunder; (6) Tenant’s failure to assemble its systems furniture to satisfy fire and building inspector requirements to procure a certificate of occupancy (or equivalent); or (7) any other delay otherwise caused by Tenant, its officers, directors, owners, agents, invitees, permittees, employees or contractors which operates to delay Landlord’s Substantial Completion of the Tenant Improvements, as reasonably determined by Landlord. Notwithstanding the foregoing, nor anything set forth in Section 5.3 below relating to Landlord Delays, there shall be no Tenant Delay or Landlord Delay if the effect such delays, in such eventthe aggregate, do not delay Substantial Completion of the delay so caused shall be the “net” delayLandlord’s Work beyond July 1, 2013; provided, however, determined by multiplying the number of days that if Tenant delivers a Tenant’s Ready to Commence Construction Notice prior to May 1, 2012, then Landlord Delays and Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on shall be used in determining any acceleration or delay of the Expanded Premises Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord regardless of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Estimated Date the additional cost so incurredof Substantial Completion.

Substantial Completion. The work Landlord Work shall be deemed to be “Substantially Complete” on the date that (i) all Landlord Work substantially completed and materially conforms with the Approved Construction Documents (“Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial other than any details of construction, mechanical adjustment or decoration remain to be performedany other similar matter, when (i) the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion noncompletion of minor punch list items which do does not materially interfere with Tenant’s use or occupancy of the Premises as contemplated and permitted under the Lease, Substitution Space (“Punch List Items”)) and (ii) a Certificate all governmental entities having jurisdiction over the Substitution Space have provided written validations and approvals allowing occupancy by Tenant. Time is of Occupancy the essence in connection with the obligations of Landlord and Tenant under this Work Letter. Except as otherwise provided herein, Landlord shall not be liable or responsible for the Premises has, any claims incurred (or alleged) by Tenant due to the extent required any delay in achieving Substantial Completion for any reason. Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, sole and obtained by Landlord. Tenant Delays. Tenant will be responsible exclusive remedy for any delay in completion of Landlord’s work and construction achieving Substantial Completion for any reason other than Tenant Delay (defined below) shall be the resulting postponement (if any) of the commencement of rental payments under the Lease and such other rights as are expressly provided in this Ninth Modification. “Tenant Improvements resulting fromDelay” means any act or omission of Tenant or its agents, employees, vendors or contractors that actually delays the Substantial Completion of the Landlord Work, including: any request by Tenant that Landlord delay the completion of any of such work; (i) Tenant’s failure to supply timely furnish information or approvals within any information necessary time period specified in this Lease, including the failure to complete the Final Drawingsprepare or approve preliminary or final plans by any applicable due date; any breach (ii) Tenant’s selection of non-building standard equipment or default materials; (iii) changes requested or made by Tenant to previously approved plans and specifications; or (iv) activities or performance of work in the Substitution Space by Tenant or Tenant’s contractor(s) during the performance of Tenant’s obligations under this Lease; the Landlord Work, including without limitation, installation of items removed from the Expanded Premises. Landlord hereby agrees to notify Tenant of any modifications, revisions anticipated Tenant Delay due to items (i) and changes (ii) above so that Tenant may decide whether to proceed with such selection or change. To the extent Landlord is delayed in achieving Substantial Completion of the Landlord Work due to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent immediately preceding sentence, such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “shall also constitute Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for the For purposes of the Third Amendment and this Paragraph 5, notwithstanding Tenant Work Letter: "Substantial Completion of the fact that minor or insubstantial details Expansion Space Tenant Improvements" shall occur upon the completion of construction, mechanical adjustment or decoration remain to be performed, when (i) construction of the Expansion Space Tenant Improvements have been substantially completed in accordance pursuant to the Challenger Approved Working drawings which relate specifically to the Expansion Space Tenant Improvements, with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion exception of minor (A) any punch list items which (i.e., minor defects or conditions in the Expansion Space Tenant Improvements that do not materially and adversely interfere with Tenant's use and occupancy of the Expansion Space for the permitted use set forth in the Lease, (which punchlist items shall be completed by Landlord as provided in Section 3.3 below); and (B) any tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the supervision of Contractorin the Expansion Space and (ii) “Substantial Completion of the Challenger Building” shall occur upon completion of construction of the entire Challenger Tenant Improvements pursuant to the Challenger Approved Working Drawings, with the exception of (1) any punch list items (i.e., minor defects or conditions in the Challenger Tenant Improvements that do not materially and adversely interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the PremisesChallenger Building for the permitted use set forth in the Lease (which punchlist items shall be completed by Landlord as provided in Section 3.3 below), been issued (2) any tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant or under the City supervision of Frisco, Texas, Contractor in the Challenger Building and obtained by Landlord. Tenant Delays. Tenant will (3) the fire suppression system to be responsible for any delay installed in completion of Landlord’s work and construction the Challenger Building as part of the Challenger Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredImprovements.

Substantial Completion. The Contractor shall deliver an application for Substantial Completion to the Authority when all of the following have occurred:  The Contractor has completed all Work (except for punch list items, final cleanup and other items included in the requirements for Final Acceptance);  All necessary work shall be deemed substantially completed by Included Third Parties has been completed, and the Contractor has obtained all design and construction approvals by Included Third Parties that are required under the relevant Third Party Agreements or by Law;  The Contractor has satisfied all conditions to acceptance by Third Parties and railroads;  There is no existing default of Authority's obligations under any Included Third Party Agreement or Railroad Agreement that are the Contractor's responsibility pursuant to the Contract Documents, and no event has occurred which, with the passing of time or giving of notice or both, would lead to a claim relating to the Work or an event of default under any Included Third Party Agreement or any Railroad Agreement;  The Contractor has delivered to the Authority the close-out report as provided in the “Reporting” clause (Section 44.4) of the General Provisions;  The Contractor has delivered to the Authority the warranty service plan required in the “Substantial Completion”Warranty Service” clause (Section 7.8.6) for of the purposes of this Paragraph 5, notwithstanding the fact General Provisions;  The Contractor has ensured that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Improvements have all Work has been substantially completed performed in accordance with the Final Drawings requirements of the Contract Documents;  The Contractor has ensured that the Project may be used without damage to the Project or any other property on or off the Site, and without injury to any Person; and  Any special tools purchased by the Contractor as provided in the Contract Documents shall have been delivered to the Authority and all mechanical systems installed by Landlord therein are replacement spare parts shall have been purchased and delivered to the Authority free and clear of liens. Upon receipt of the Contractor's application for Substantial Completion, the Authority shall conduct such inspections, surveys and/or testing as the Authority deems desirable. If such inspections, surveys and/or tests disclose that any Work does not meet the requirements of the Contract Documents, the Authority will promptly advise the Contractor as to any errors, omissions, deviations, defects or deficiencies in good working conditionthe Work necessary to be corrected as a condition to Substantial Completion and as to any errors, subject only to completion of minor omissions, deviations, defects or deficiencies which may be corrected as punch list items which do not materially interfere with Tenant’s use items. Upon correction of the Premises errors, omissions, deviations, defects or deficiencies identified as contemplated and permitted under a prerequisite to Substantial Completion, the Lease, and (ii) a Certificate of Occupancy for the Premises has, Contractor shall provide written notification to the extent required for Tenant’s occupancy Authority and the Authority shall conduct another round of inspections, surveys and/or tests. This procedure shall be repeated until the Authority finds that all prerequisites to Substantial Completion have been met. Substantial Completion of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) Project shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on when:  The Authority determines that all errors, omissions, deviations, defects and deficiencies identified as prerequisites to Substantial Completion have been corrected; and  The Authority and Contractor have agreed upon a punch list for the date Project. The Authority will issue a Certificate of Substantial Completion to the Contractor at such time as the Authority determines that Substantial Completion would has occurred. Substantial Completion shall be deemed to have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord as of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on date of the Commencement Date the additional cost so incurredCertificate of Substantial Completion.

Substantial Completion. The work “Substantial Completion” of each Sub-Phase shall be deemed substantially completed (“Substantial Completion”) for to have occurred upon the purposes completion of this Paragraph 5, notwithstanding construction of the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain relevant Landlord’s Work and Seismic Work related to be performed, when (i) such Sub-Phase and the Tenant Improvements have been substantially completed in accordance with for such Sub-Phase, as evidenced by a Certificate of Substantial Completion executed by Architect, and receipt of final signed-off “job cards” or “inspection cards” from the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, City of Oakland covering such Sub-Phase subject only to correction or completion of minor any punch list items (“Punchlist Items”), which items may include items of missing, incomplete or defective work or materials or mechanical maladjustments that are of such a nature that they do not materially material interfere with Xxxxxx’s occupancy of the Premises. Prior to Substantial Completion, Landlord and Tenant shall mutually inspect the Premises included in each Sub-Phase and perform a walk-through of the applicable Sub-Phase to draw up a list of the Punchlist Items (which Punchlist Items shall be accepted in writing by Landlord and Tenant). Landlord shall use commercially reasonable efforts to complete the Punchlist Items within thirty (30) days thereafter; provided, however, such time period may be extended to a period of ninety (90) days for Punchlist Items that cannot be commercially reasonably completed with diligence within thirty (30) days. Landlord shall cooperate with Tenant to allow Tenant access to the Sub-Phase so being delivered immediately prior to Substantial Completion to enable Tenant to commence certain operational readiness activities, such as lighting network, testing connections, installing furniture, fixtures, equipment, when reasonably practicable; so long as such entry does not interfere with Landlord’s work in the Premises or in the Building; provided, however, (a) the provisions of the Lease, other than with respect to the payment of Base Rent or Additional Rent, shall apply during such early entry, including, but not limited to, the provisions relating to Tenant’s use indemnification of Landlord, (b) prior to any such entry, Tenant shall provide evidence of the Premises as contemplated and permitted under insurance to be provided by Tenant pursuant to the Lease, and (iic) a Certificate of Occupancy for Tenant’s early access and activities shall not be permitted to interfere with the schedule for, or undertaking of, any work being performed by Landlord in the Premises has, to and in the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, Building and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of shall coordinate with Landlord and Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant contractor(s) to ensure that Landlord delay the completion of any of no such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredinterference occurs.

Substantial Completion. The work At such time as Seller in good faith believes the Perimeter Improvements have been Substantially Completed, Seller shall be deemed substantially completed (“Substantial Completion”) for deliver to Buyer the purposes of this Paragraph 5, notwithstanding following items with respect to the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when Perimeter Improvements: (i) a certificate from the Tenant current architect for the Perimeter Improvements (the “Perimeter Architect”) certifying to Buyer that the Perimeter Improvements have been substantially completed on AIA Form G704, subject to Punch-List Items; (ii) a temporary certificate of occupancy and all other certificates, licenses, consents and approvals required for the use and operation of the Perimeter Improvements, issued by the appropriate governmental authorities (other than a final certificate of occupancy); (iii) an executed “Letter of Understanding” attached as Exhibit “C” to the Channeladvisor Lease; (iv) to the extent available (unless such unavailability is the result of defects in the Perimeter Improvements or deviations thereof from the Perimeter Plans and Specifications), a certification or acknowledgement from the applicable engineer or engineers for the Perimeter Improvements stating that, in regard to the material/controls inspections and based on the material/controls inspection reports (the “Controls Inspection Reports”), the Perimeter Improvements have been Substantially Completed in accordance with the Final Drawings Perimeter Plans and Specifications; and (v) lien releases and lien waivers evidencing that all mechanical systems installed work performed and materials supplied for the Perimeter Improvements has been paid to date (collectively, the “Preliminary Completion Items”). Within ten (10) days after Seller has delivered to Buyer all of the Preliminary Completion Items, Seller, Buyer, Buyer’s agents and representatives, the Perimeter Architect and an architect selected by Landlord therein are Buyer (the “Buyer Architect”) shall conduct a final walk through of Perimeter Four and the Perimeter Improvements to assess the status of completion of the Perimeter Improvements (the “Walk-Through”). During such walk-through of the Property, Seller and Buyer (acting in good working conditionfaith and in a commercially reasonable manner) shall list any Punch-List Items (as defined below). “Substantial Completion” and “Substantially Completed”, as applicable, shall mean (i) all of the Preliminary Completion Items have been delivered to Buyer, (ii) the Buyer Architect shall have confirmed to Buyer that the Perimeter Improvements have been substantially completed, subject to Punch-List Items, and (iii) construction of the Perimeter Improvements has been completed in accordance with Section 14.32(a) of this Agreement, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of Punch-List Items that (A) are estimated by the Premises as contemplated Perimeter Architect and permitted under the LeaseBuyer Architect to cost less than $500,000.00 in the aggregate to complete and correct, and (iiB) a Certificate do not, individually or collectively, (x) have an adverse effect on the operation of Occupancy Perimeter Four or the occupancy of any Tenant therein or (y) result in any offset against or reduction of rent payable to Buyer under the Leases. Seller shall achieve Substantial Completion no later than December 31, 2015, subject to Force Majeure Delays (as defined below). Buyer shall be solely responsible for the Premises has, to the extent required for Tenant’s occupancy fees and costs of the Premises, been issued by the City of Frisco, TexasBuyer Architect, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) Seller shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredno responsibility therefor.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for ” or “Substantially Completed” as used herein shall mean all of the purposes of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when following have occurred: (i) delivery of a factually correct written notice to Tenant of the Tenant Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: in the Premises substantially in accordance with the approved T.I. Plans and Specifications with the exception of minor details of construction installation, decoration, or mechanical adjustments, punchlist items and any request work relating to the backup generator as set forth in Section 29.35 of the Lease and/or Tenant’s Hazardous Materials storage container as set forth in Section 29.33 of the Lease (irrespective of whether such item(s) are installed by Tenant during the Early Access Period as part of Tenant’s Work), such notice to be in substantially the form of Attachment “A” hereto, (ii) expiration of the Early Access Period (as defined in Section 5.1) (iii) the City of Carlsbad has issued a final inspection approval, certificate of occupancy (or equivalent), a temporary certificate of occupancy (or equivalent) or other equivalent authorization, or Tenant has occupied and obtained the beneficial use of the Premises. Xxxxxx agrees that if Landlord delay the completion shall be delayed in causing such work to be Substantially Completed as a result of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach events described herein (or default by Tenant elsewhere in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, as a “Tenant Delay,” and collectivelythen such delay shall be the responsibility of Tenant. In any such event, the “Tenant Delays”) Substantial Completion shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the earlier of: (a) the date that of Substantial Completion or (b) the date when Substantial Completion would have occurred but for such if there had been no Tenant Delays (it being agreed thatDelay. Landlord shall not be required to work on an overtime basis. For the purposes of this Tenant Work Letter, in such event, the a “Tenant Delay” is defined as any delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one directly or indirectly resulting from: (1) day Tenant’s failure to comply with any time frames set forth herein or in the Lease (including the deadline set forth in Section 3.3.1 for Tenant’s approval of Base Rental multiplied the Space Plan); (2) any changes in any stage of the T.I. Plans and Specifications requested by Tenant after Landlord’s and Tenant’s approval of such stage, including, without limitation, any Change Order or changes made to reduce the Estimated Construction Cost; (3) Tenant’s failure to timely furnish any documents required herein or to timely approve any item or any cost estimates, the Estimated Construction Costs or any Change Orders, as required herein; (4) Tenant’s request for materials, finishes, or installations other than Landlord’s Building Standard items (and with specific reference to any delays resulting from the design and/or installation of the backup generator as set forth in Section 29.35 of the Lease and/or Tenant’s Hazardous Materials storage container as set forth in Section 29.33 of the Lease ); (5) Tenant’s failure to timely perform any act or obligation imposed on Tenant by the number Lease or this Tenant Work Letter as and when requested thereunder or hereunder; (5) Tenant’s failure to assemble its systems furniture to satisfy fire and building inspector requirements to procure a certificate of days of Tenant Delays in order occupancy (or equivalent); or (6) any other delay otherwise caused by Tenant, its officers, directors, owners, agents, invitees, permittees, employees or contractors which operates to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord delay Landlord’s Substantial Completion of the Tenant Improvements is increased in any way Improvements, as reasonably determined by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredLandlord.

Substantial Completion. The work shall be deemed substantially completed (a) As used herein “Substantial Completion”) for the purposes of this Paragraph 5, notwithstanding the fact ,” “Substantially Completed,” and any derivations thereof mean that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Leasehold Improvements have been substantially completed in accordance with the Final Drawings and all mechanical systems installed CDs as determined by Landlord therein are in good working condition, subject only to completion of minor punch list items which do not materially interfere with Tenant’s use of the Premises as contemplated and permitted under the LeaseArchitect, and (ii) a Certificate of Occupancy for Tenant can lawfully occupy the Premises hasfor business purposes. Substantial Completion shall have occurred even though minor details of construction, decoration, landscaping and mechanical adjustments and other “punch-list” items remain to be completed. Tenant shall have the extent required sole responsibility for obtaining any certificate of occupancy (or equivalent). When the Architect considers the Leasehold Improvements to be Substantially Completed, Tenant will notify Landlord and within five (5) business days thereafter, Landlord’s Representative and Tenant’s occupancy Representative shall conduct a walk-through of the PremisesPremises and identify any necessary touch-up work, been issued by repairs and minor completion items that are necessary for final completion of the City of Frisco, Texas, and obtained by LandlordLeasehold Improvements. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of shall use commercially reasonable efforts to cause the Tenant General Contractor performing the Leasehold Improvements resulting from: any request by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Nonall punch-Building Standard work or delays resulting from revision of the Approved Bid list items within thirty (to the extent such delays are caused by Tenant’s acts or omissions to act30) days after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractorsagreement thereon. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the The date that upon which Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall is achieved will be the “netSubstantial Completion Date” delay, however, determined by multiplying the number of days as that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under term is used in the Lease. NOTWITHSTANDING THE ABOVE, pay to Landlord an amount equal to one SUBSTANTIAL COMPLETION OF THE LEASEHOLD IMPROVEMENTS IS NOT A CONDITION TO THE COMMENCEMENT DATE OR TENANT’S OBLIGATION TO PAY RENT (1OR TO PERFORM ANY OTHER OBLIGATIONS) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delay, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurredUNDER THE LEASE).

Substantial Completion. The work Each Building shall be deemed substantially completed (“"Substantially Complete" or to have achieved "Substantial Completion”) for " upon the purposes substantial completion of this Paragraph 5, notwithstanding the fact that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) Base Building and the Tenant Improvements have been substantially completed in accordance with the Final Drawings Plans and all mechanical systems installed by Landlord therein are in good working condition, Specifications subject only to the completion of minor punch punch-list items which do that will not materially interfere with Tenant’s 's use and occupancy of the Premises for Tenant's permitted use under the Lease. Upon substantial completion of the Tenant Improvements, Landlord shall notify Tenant in writing and, within ten (10) business days of Tenant's receipt of such notice, Landlord and Tenant shall conduct a "walk through" inspection of the Premises and prepare a punch-list of known or apparent deficiencies or incomplete work required to be corrected or completed by Landlord pursuant to the Plans and Specifications. Landlord, at Landlord's sole cost and expense, shall cause all punch-list items to be repaired or completed as contemplated soon as possible, but in no event later than thirty (30) days following the walk through inspection. If Landlord fails to complete any of the punch-list items within such 30day period, then Tenant, in addition to its other rights and permitted remedies under the Lease, and after giving ten (ii10) a Certificate of Occupancy for business days written notice to Landlord, shall have the Premises hasright, but not the obligation, to cause such punch-list items to be completed, with the extent required cost thereof plus ten percent (10%) for Tenant’s occupancy 's overhead and supervision to be deducted from the next installment(s) of the Premises, been issued by the City of Frisco, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request rent or other amounts payable by Tenant that Landlord delay the completion of any of such work; Tenant’s failure to supply timely any information necessary to complete the Final Drawings; any breach or default by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes to the Final Drawings requested by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision of the Approved Bid (to the extent such delays are caused by Tenant’s acts or omissions to act) after the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease. Latent or hidden defects shall he brought to Landlord's attention promptly upon Tenant's becoming aware of such defects. Landlord, pay at Landlord's (or General Contractor's where applicable) sole cost and expense, shall promptly cause such defects to Landlord an amount equal to one (1) day be repaired following receipt of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord of the Tenant Improvements is increased in any way by a Tenant Delaynotice thereof, and Tenant shall also pay to Landlord on have the Commencement Date the additional cost so incurredsame rights with respect thereto as set forth herein for all other punch-list items.

Substantial Completion. The work shall be deemed substantially completed (“Substantial Completion”) for ” of construction of the purposes of this Paragraph 5, notwithstanding Second Expansion Improvements shall be defined as the fact date upon which the Space Planner or other consultant engaged by Landlord determines that minor or insubstantial details of construction, mechanical adjustment or decoration remain to be performed, when (i) the Tenant Second Expansion Improvements have been substantially completed in accordance with except for Punch List items (defined below), unless the Final Drawings and all mechanical systems installed by Landlord therein are in good working condition, subject only to completion of such improvements was delayed due to any Tenant Delay (defined below), in which case the date of Substantial Completion shall be the date such improvements would have been completed, but for the Tenant Delays. The term “Punch List” items shall mean items that constitute minor punch list items defects or adjustments which do not materially interfere can be completed after occupancy without causing any material interference with Tenant’s use of the Premises as contemplated and permitted under Second Expansion Premises. After the Lease, and (ii) a Certificate of Occupancy for the Premises has, to the extent required for Tenant’s occupancy completion of the Second Expansion Improvements, Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of improvements performed on the Second Expansion Premises. The term “Tenant Delay” shall include, been issued by the City of Friscowithout limitation, Texas, and obtained by Landlord. Tenant Delays. Tenant will be responsible for any delay in completion of Landlord’s work and construction of the Tenant Improvements resulting from: any request by Tenant that Landlord delay the completion of any construction of such work; Second Expansion Improvements resulting from (i) Tenant’s failure to supply timely comply with the provisions of this Work Letter, (ii) any information necessary to complete additional time as reasonably determined by Landlord required for ordering, receiving, fabricating and/or installing items or materials or other components of the construction of Second Expansion Improvements, including, without limitation, mill work, (iii) delay in work caused by submission by Tenant of a request for any change order (defined below) following Tenant’s approval of the Final Drawings; Plans, or for the implementation of any breach change order, or default (iv) any delay by Tenant in the performance of Tenant’s obligations under this Lease; any modifications, revisions and changes timely submitting comments or approvals to the Temporary Plans or Final Drawings requested Plans. The failure of Tenant to take possession of or to occupy the Second Expansion Premises (or any portion thereof) shall not serve to relieve Tenant of obligations arising on the Second Expansion Commencement Date or delay the payment of rent or other sums payable by Tenant; Tenant’s request for any Non-Building Standard work or delays resulting from revision Tenant under and as set forth in the Lease. SCHEDULE 1 TO EXHIBIT “C” DESCRIPTION OF SUITE 110 EXPANSION IMPROVEMENTS [ATTACHED] BROKERAGE SERVICES Office Buildings July 21, 2006 CBRE CB XXXXXXX XXXXX CB Xxxxxxx Xxxxx 0000 Xxxx Xxxxxxxxxx Xxxxxxx Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 T 000 000 0000 F 000 000 0000 xxxxx.xxxxxxxx@xxxx.xxx Xxxxx Xxxxxxxx Senior Vice President Office Buildings/Corporate Services Xx. Xxxx Xxxxxx Eschelon Telecom, Inc. 0000 XX Xxxxxxxx Xxxx, Xxxxx 000 Xxxxxxxx, XX 00000 RE: LEASE PROPOSAL FOR ESCHELON TELECOM AT THE PARKSIDE TOWER Dear Phil: On behalf of the Approved Bid (Parkside office building, we would like to thank you for your patience over the extent such delays are caused by Tenant’s acts or omissions to act) after last few months as we have worked through the Final Drawings are approved; and any other delay of any kind or nature caused by Tenant, its employees, agents or independent contractors. Any such delay (individually, a “Tenant Delay,” and collectively, the “Tenant Delays”) shall extend the time for performance by Landlord of Landlord’s obligations under this Exhibit “E” by an amount of time equal to the length of such Tenant Delay, and the Commencement Date shall in such event be deemed to have occurred on the date that Substantial Completion would have occurred but for such Tenant Delays (it being agreed that, in such event, the delay so caused shall be the “net” delay, however, determined by multiplying the number of days that Tenant Delays exceed Landlord Delays). In addition, Tenant shall, on the Commencement Date under the Lease, pay to Landlord an amount equal to one (1) day of Base Rental multiplied by the number of days of Tenant Delays in order to compensate Landlord for lost rentals resulting therefrom. If the cost to Landlord sale of the Tenant Improvements building. Eschelon Telecom is increased a valued tenant of the Parkside Tower and we are excited about the prospect of expanding their presence in any way by a Tenant Delaythe building. Landlord: Parkside Salt Lake Corporation Tenant: Eschelon Telecom, Tenant shall also pay to Landlord on the Commencement Date the additional cost so incurred.Inc.