Common use of Tenant Delay Clause in Contracts

Tenant Delay. If substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building 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 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.

Tenant Delay. If substantial A “Tenant Delay” shall mean any delay in the performance of the construction of the Tenant Improvements as a result of (i) Tenant’s failure to timely approve the Plans, (ii) any request by Tenant that Landlord perform any work in addition to the Tenant Improvements which might reasonably cause a delay in Landlord’s construction schedule, (iii) any Change Order that will impact Landlord’s construction schedule, (iv) the selection of any long lead items by Tenant which will cause a delay in completion of the Tenant Improvements, Warm Shell (v) the performance or failure of performance of any work by any person, firm or corporation employed or retained by Tenant, (vi) the failure of Tenant to perform any obligations required to be performed by Tenant to obtain a certificate of occupancy (e.g. the installation of Tenant’s furniture systems, wiring or cabling, etc.), or (vi) any other action by Tenant which materially impairs or delays performance of any work by Landlord. Tenant shall not cause or affect a Tenant Delay or do anything else, or fail to do anything else, that may cause a delay in the completion of the construction of the Tenant Improvements or Base Building is delayed due that will increase the costs of such construction, except as allowed under §10(b) above. In the event Tenant fails to any cooperate or comply with this section and such failure results in a delay of completion of the following construction of the Tenant Improvements by Landlord (collectively, "Tenant Delays"in Landlord’s reasonable judgment), then the Delivery Date and/or Commencement Date, as applicable, Tenant shall be adjusted responsible to reflect what the substantial completion date Landlord for all Rent that would have been if there had been no delay: (i) Tenant's failure to timely submit any items required by due from Tenant under 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 8, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request lease but for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however. Landlord and Tenant acknowledge and agree that Landlord’s damages as a result of a Tenant Delay is difficult to ascertain, that if such delay was per diem amounts are a reasonable pre-estimate of Landlord’s probable loss as a result thereof and that such damages constitute reasonable liquidated damages for Landlord’s loss and not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordpenalty.

Tenant Delay. If substantial completion Tenant shall use its best efforts to cooperate with Landlord, the Architect, the Contractor, and Landlord’s other consultants to complete all phases of the Plans, approve the Construction Pricing Proposal and obtain the Permits as soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvements, Warm Shell Improvements or Base Building Improvement Work is delayed due (a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Construction Pricing Proposal pursuant to Section 2.6.1 above on or before Tenant’s Pricing Approval Deadline, or any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Architectural Approval Deadline; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (d) any breach by Tenant of this Work Letter or this Lease; (e) any request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion of the Plans that has previously been approved by both parties (except to the extent that such delay results from a failure of Landlord to perform its obligations under Section 2.7 or 3.2.2 above, and except to the extent that (i) Tenant makes such request after approving the Construction Pricing Proposal and before approving the Architectural Drawings, and (ii) such request is reasonably designed solely to eliminate or reduce any increase in the Construction Pricing Proposal resulting from the preparation of the Architectural Drawings); (f) any requirement of Tenant for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Lease; (g) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Lease, and regardless of when the following (collectivelyTenant Improvement Work is actually Substantially Completed, "the Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicable, Improvement Work shall be adjusted deemed to reflect what be Substantially Completed on the substantial completion date on which the Tenant Improvement Work would have been Substantially Completed if there no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Premises to Tenant before the Tenant Improvement Work has been no delay: (i) Tenant's failure to timely submit any items required by this Work LetterSubstantially Completed, including, as determined 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 8, (v) Tenant's requested changes giving effect 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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordpreceding sentence.

Tenant Delay. If the substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building Improvement Work is delayed due (a “Tenant Delay”) as a result of (a) any failure of the Pricing Completion Date to occur by the Pricing Due Date; (b) Tenant’s failure to timely approve any matter requiring Tenant’s approval; (c) any breach by Tenant of this Expansion Work Letter or the Lease; (d) any change (or Tenant’s request for any change) in the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to comply with its obligations under Section 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding anything to the following (collectivelycontrary in this Agreement or this Expansion Work Letter, "and regardless of when the Tenant Delays")Improvement Work is actually substantially completed, then the Delivery Date and/or Commencement Date, as applicable, Tenant Improvement Work shall be adjusted deemed to reflect what be substantially completed on the substantial completion date on which the Tenant Improvement Work would have been substantially completed if there no such Tenant Delay had been no delay: (i) Tenant's failure to timely submit any items required by this Work Letteroccurred. Notwithstanding the foregoing, 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 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that fails to notify Tenant is in danger of causing a any Tenant Delay, and if Tenant takes appropriate measures to prevent such delay Delay within such five (5) day period, no adjustment to 2 days after the Delivery Date or Commencement Date shall be made on account date Landlord knew of such Tenant Delay; provided, however, that if Tenant shall not be responsible for any such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by period of time commencing 3 days after the date when Landlord knew that such Tenant than by LandlordDelay existed and ending on the date that Landlord notified Tenant of such Tenant Delay.

Tenant Delay. If substantial completion Tenant Delay" means any delay which Landlord may encounter in the performance of Landlord's obligations under this Lease if and to the extent caused by any act or (where Tenant Improvementshas an affirmative obligation to act pursuant to the terms of this Lease) omission of Tenant, Warm Shell Improvements its agents or Base Building 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 Lettercontractors, 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 8, (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 in construction submission of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" information required to be submitted pursuant to any provision the terms of this Work Letter. Landlord Lease, or giving authorizations or approvals required to be given pursuant to the terms of this Lease; provided, that no such delay shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing constitute a Tenant DelayDelay if Landlord, using reasonable prudence and diligence, but without additional expense, could avoid such delay, and if Tenant takes appropriate measures to prevent no such delay within such five (5) day period, no adjustment shall constitute a Tenant Delay to the Delivery Date extent it occurs after Landlord has actual knowledge or Commencement Date should reasonably have knowledge of such delay and before Landlord notifies Tenant of such Tenant Delay (it being understood that in all events such delay shall be made on account constitute a Tenant Delay to the extent it occurs after Landlord notifies Tenant of such Tenant Delay; provided). If Landlord notifies Tenant of the occurrence of any Tenant Delay, howeverupon Tenant's request, that Landlord shall notify Tenant of Landlord's estimate of the duration of such Tenant Delay. Tenant shall pay to Landlord any reasonable costs or expenses if such delay was not reasonably foreseeable and to the extent incurred by LandlordLandlord by reason of any Tenant Delay. Any dispute as to the existence, the five (5) day period for prior notice and opportunity to mitigate provided above duration or cost of any Tenant Delay shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period (including, without limitation, any delay determined by arbitration in delivery of Tenant's space plan or Working Drawings or non-compliance accordance with Landlord's contractor's schedule), or from schedule changes resulting from Tenant Modifications of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by LandlordSection 8.09.

Tenant Delay. If substantial completion For the purposes of this Work Letter and the Lease, “Tenant Delay” means any actual delay in any of (a) Substantial Completion of the Tenant ImprovementsLandlord’s Work, Warm Shell Improvements or Base Building is delayed due to (b) achievement of the Required Delivery Condition, or (c) achievement any of the following milestones listed in Paragraph 2.8 of the Lease, in each of cases (collectivelya) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, "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 delayresulting from either: (i) Tenant's ’s failure to timely submit any items required by this Work Letterfulfill its obligation with respect to provide either documents or approvals within the time periods specified therefor herein, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; any change orders requested by Tenant, (iii) Tenant's failure to comply an act or omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8’s Work, (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 in construction completion of the Warm Shell Improvements Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Improvements; or (viii) any other event expressly constituting "Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delay" pursuant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any provision of this Work Letter. changes to the Warm Shell Components requested by Tenant, Landlord shall give hereby notifies Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is such request will result in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to agrees that this notice satisfies the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, requirement for written notice set forth in the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordprevious sentence.

Tenant Delay. If substantial completion Any actual delay in the progress of the Tenant Improvements, Warm Shell Initial Improvements or Base Building to the extent such delay 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 delayresult of: (i) changes in the Final Plans requested by Tenant's failure to timely submit any items required by this Work Letter, including, without limitation, Tenant's Plans; (ii) the failure of Tenant Modifications; to approve the Final Plans or any portion thereof within the time periods provided in this Lease, (iii) Tenant's the failure of Tenant to comply with Landlord's contractor's schedule; provide any information or documentation within the time period required under this Lease, (iv) Tenant's the failure of Tenant to make selections or Tenant's Contractor's failure to comply with Paragraph 8grant approvals when required, (v) Tenant's requested changes to the Tenant's Plans after they are approved performance or non-performance of any work at, or services with respect to, the Premises by Landlord; Tenant or any member of the Tenant Group, (vi) Tenant's request for materialsboycotts, finishes work stoppages or installations which require longer than thirty (30) days to complete; other labor unrest at the Premises resulting from the actions of Tenant or any member of the Tenant Group, or (vii) delays caused by Tenant in construction any other act or omission of Tenant, any member of the Warm Shell Improvements Tenant Group or any person, firm or entity claiming by, through or under any of them. Notwithstanding the foregoing to the contrary, no Tenant Improvements; Delay shall be deemed to have occurred unless and until Landlord has provided written notice to Tenant specifying the action or (viii) any other event expressly constituting "inaction that Landlord contends constitutes a Tenant Delay" pursuant to any provision . If such action or inaction is not cured within twenty-four (24) hours’ after receipt of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing such notice, then a Tenant Delay, as set forth in such notice, shall be deemed to have occurred commencing as of the date such original notice is given and if continuing for the longer of (a) the number of days that Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment cause the event giving rise to the Delivery Date Tenant Delay to be resolved, (b) the number of days that prosecution and/or completion of the work or Commencement Date Landlord’s act was in fact delayed as a result of such action or inaction and shall excuse and extend the dates of Landlord’s performance. For purposes of this Section 0.0.XX, notice may be email. Notwithstanding the foregoing once Landlord has given two notices of a Tenant Delay to Tenant, any further Tenant Delay shall be made on account deemed to have occurred commencing as of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if date the Tenant Delay results from Tenant's failure to perform any obligation within occurred without a specific date or time period twenty-four (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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord24) hour cure period.

Tenant Delay. If For the purpose of this Lease, "Tenant Delay" means delay in the substantial completion ofthe Building(s) or the work to be performed by or on behalf of Landlord (including without limitation the completion of the Building 1 Tenant Improvements or the Building 2 Tenant Improvements, Warm Shell Improvements or Base Building is delayed due ) that occurs solely (a) because Tenant fails to meet any of the following deadlines set forth in Exhibit D or Exhibit J (collectivelysuch as, "Tenant Delays"but not limited to, the deadline for delivery of Space Plans or Working Drawings (whether preliminary, interim revisions or fInal), then (b) because of any change by Tenant to the Delivery Date and/or Commencement Date, as applicable, shall be adjusted Space Plans or Working Drawings after that date which is ten (10) days prior to reflect what the substantial completion date would bid packages have been if there had been no delay: delivered to prospective contractors pursuant to Exhibit D or Exhibit J (iincluding without limitation change orders), (c) Tenant's failure any rejection in the approval of plans and specifIcations prepared by or on behalf of Tenant by any governmental entity due solely to timely submit any items required by this Work Letter, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; (iii) Tenant's failure to the fact that such plans do not comply with Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8law, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vid) Tenant's request or inclusion in the applicable plans for materialsimprovements that are not customary for a typical office user that combines office, finishes data center and computer laboratory uses, and/or (e) because of any specification or installations which require longer than thirty (30) days to complete; (vii) delays caused requirement by Tenant in construction of the Warm Shell Improvements "long-lead" materials or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delayequipment; provided, however, that if in such delay was not case (i) Landlord shall reasonably foreseeable by Landlordnotify Tenant, the in detail, of such "long-lead" item, (ii) Tenant shall have five (5) day period business days to elect to (A) omit such "long-lead" items, (B) substitute such items for prior notice and opportunity to mitigate another item(s) that do not constitute a "long-lead" item, or (C) retain such "long-lead" item (provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results fails to timely specify whether it will retain such "long-lead" item, Tenant will be deemed to have elected to retain the same). Only ifTenant elects (or is deemed to have elected) (C) shall the delay arising 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 nonsuch "long-compliance with Landlord's contractor's schedule), or from schedule changes resulting from lead" item constitute Tenant Modifications of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by LandlordDelay.

Tenant Delay. If substantial completion of the As used in this Lease, “Tenant ImprovementsDelay” shall mean, Warm Shell Improvements or Base Building is delayed due in addition to any Tenant Delay specifically described elsewhere in this Lease, any delay Landlord encounters in the performance of the following (collectivelyLandlord’s obligations under this Lease arising from or related to any act or omission of Tenant or its agents, "Tenant Delays")employees, 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 Letteror contractors, including, without limitation, any actual delay to the extent attributable to: (a) any Changes, including any delays arising from or related to such Changes, whether or not within Tenant's Plans’s reasonable control; (iib) any material interference by Tenant Modificationswith the construction of the Building Shell Improvements; (iiic) Tenant's failure to comply with Landlord's contractor's schedule’s request for long-lead items; (ivd) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, (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) any material delays caused by Tenant in providing Landlord with information requested by Landlord, or in providing consents or approvals required to be given by Tenant, or in completing submittals or obtaining permits within the time periods agreed to by Landlord and Tenant or as reasonably required by Landlord, including any delays in providing Landlord with the final Modified Building Shell Plans; and (e) the Building Modifications, whether or not within Tenant’s reasonable control (including, but not limited to, delays in obtaining required utility services because of delays associated with the construction of additional electrical substation capacity required for the Building Modifications or otherwise, or delays in obtaining governmental approvals for the construction of the Warm Shell Improvements or the Building Modifications); provided however, no such delay shall constitute a Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Delay unless Landlord shall give have notified Tenant at least five in writing of the occurrence of a Tenant Delay and the reasons therefore within three (53) business days prior notice if following the date Landlord becomes aware or should have become aware of the occurrence of the event or circumstance giving rise to the delay. Landlord confirms that Tenant is in danger of causing a the Building Modifications will not create any Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.

Tenant Delay. If the substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building Improvement Work is delayed due to any (a “Tenant Delay”) as a result of (a) the failure of the following Design Plans to comply with Law, or the failure of the Approved Construction Drawings to comply with Law as a result of the Design Plans or the programming information provided to Landlord by Tenant, during the Tenant Compliance Period (collectively, "provided that the Review Period shall not be deemed to be a Tenant Delays"Delay), 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: ; (ib) Tenant's ’s failure to timely submit approve any items required matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter, including, without limitation, Letter or the Lease (including Tenant's Plans; (ii) Tenant Modifications; (iii) Tenant's ’s failure to comply with Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure pay any amount due to comply with Paragraph 8, (v) Tenant's requested changes Landlord pursuant to the Tenant's Plans after they are approved by Landlord; (viterms of Section 2.1(d) Tenant's request for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter); (d) any Revision (or Tenant’s request for any Revision) to the Approved Construction Drawings (except to the extent such Revision results from any failure of Landlord to comply with its obligations under Sections 2.1 and/or 3.3.3 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Improvement Work as set forth in this Agreement; (f) any change to the base, shell or core of the Premises or Building required by a Tenant-requested Revision thereto; or (g) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be deemed to be substantially completed on the date on which the Tenant Improvement Work would have been substantially completed if no such Tenant Delay had occurred. Tenant acknowledges and agrees that the Tenant Improvement Work may be performed during normal business hours before or after the Expansion Effective Date. Landlord and Tenant shall give cooperate with each other in order to enable the Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is Improvement Work to be performed in danger of causing a Tenant Delay, timely manner and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment with as little inconvenience to the Delivery Date or Commencement Date shall be made on account operation of such Tenant Delay; provided, however, that if such delay was not Tenant’s business as is reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware possible. Notwithstanding any contrary provision of 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 limitationthis Agreement, any delay in delivery the completion of Tenant's space plan the Tenant Improvement Work 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable inconvenience suffered by Tenant than by Landlordduring the performance of the Tenant Improvement Work shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of rent or other sums payable under the Lease, as amended.

Tenant Delay. If substantial completion As used in this Lease, “Tenant Delay” shall mean any actual delay that Landlord encounters in the performance of the Tenant Improvements, Warm Shell Improvements or Base Building 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 Landlord’s obligations under this Work LetterAgreement or the Lease to construct the Landlord Work because of any act or omission of any nature by Tenant, any employees or agents of Tenant’s, including, without limitationbut not limited to, 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 8, (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 delay by Tenant in construction the submission of information or the giving of authorizations or approvals or the performance of any other obligations of Tenant within the express time frames set forth in this Work Agreement and delays resulting from changes in the Landlord Work requested by Tenant in writing or actually required by Tenant’s Plans (including delays resulting from investigation of the Warm Shell Improvements estimated cost or delay associated with a proposed change order ); provided, as a condition to the Tenant Improvements; or (viii) assertion of any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. , Landlord shall give must notify Tenant at least within five (5) days prior notice if Landlord Business Days after it becomes aware that of any alleged Tenant Delay, which notice will contain a description of the Tenant Delay, as well as the expected duration of the Tenant Delay. If such action, inaction or circumstance described in the notice is in danger not cured by Tenant within two (2) Business Days after Tenant’s receipt of causing such notice and if such action, inaction or circumstance otherwise qualifies as a Tenant Delay, then the Tenant Delay shall be conclusively deemed to have occurred commencing as of the date of Tenant’s receipt of the Notice and if Tenant takes appropriate measures to prevent ending as of the date such delay within ends. Landlord’s failure to so notify Tenant shall not be deemed a waiver of Landlord’s rights hereunder, however, in such five (5) day periodcase, no adjustment to the Delivery Date or Commencement Date burden of proof shall be made on account of Landlord to establish any such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.. EXHIBIT B-1

Tenant Delay. If substantial (A) a delay shall occur in the completion of the Landlord Work as the result of (i) Tenant Improvementsfailing to send notice to Landlord approving the Final Plans (as defined in Section 2.4 below) on or prior to January 31, Warm Shell Improvements 1992, which approval shall not be unreasonably withheld provided that the Final Plans substantially conform to the Plans and Specifications, and provided further that if Landlord does not deliver the Final Plans to Tenant for its approval on or Base Building is delayed due prior to any of the following (collectivelyJanuary 15, "Tenant Delays")1992, then the Delivery Date and/or Commencement DateJanuary 31, as applicable, 1992 deadline shall be adjusted extended by the number of days equal to reflect what the substantial completion number of days elapsed between January 15, 1992 and the date would have been if there had been no delay: (i) Tenant's failure Landlord delivers the Final Plans to timely submit any items required by this Work LetterTenant for its review and approval, including, without limitation, Tenant's Plans; (ii) any direction by Tenant Modifications; that Landlord hold up proceeding with a segment of Landlord Work preliminary to a possible change therein by Tenant or for any other reason, (iii) Tenant's a failure by Tenant to comply with Landlord's contractor's schedule; execute this Lease on or before August 20, 1991, (iv) a failure by Tenant to approve the plans and specifications for the Landlord Work annexed hereto on or before August 20, 1991, (iv) any change by Tenant in any plan; specification or finish information to be furnished by Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, if any, (v) any delay caused solely by any other act or omission of Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; , its agents, employees or contractors, (vi) Tenantthe fact that a change requested by Tenant to Landlord Work requires lead time to obtain or construction time to perform, in excess of that required for Landlord's request for materialsstandard work with reasonable diligence in obtaining and performing the same on the part of Landlord ("Long Lead Items"), finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused if work is to be done by Tenant Tenant, its employees or contractors, which under good construction scheduling practice should be completed before some portion of Landlord Work is done, and Tenant's work is not completed on schedule, then (B) the Commencement Date (as same may be extended pursuant to Section 2.1 above) shall (even though no Certificate of Occupancy has been issued or Landlord Work has not been completed) be deemed, but only for the purpose of determining the commencement of fixed annual rent, to be one day earlier than provided for in construction Article 2 of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) Lease for each day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; delay, provided, however, that if such delay was not reasonably foreseeable by Landlord, the Tenant shall have five (5) day period for prior Business Days after written notice and opportunity from Landlord to mitigate provided cure any act or omission referred to in clause (iii) above before the provisions of subdivision (B) shall become effective. The extent of any delay referred to in Clause (A) of the first paragraph of this Section shall be changed determined in the following manner: Landlord shall give written notice to forty-eight Tenant of the estimated length of the delay involved within a reasonable time after the information necessary to estimate such delay is available (48which written notice shall include the reasons for Landlord's estimate) hours after Landlord becomes aware and the extent of such delay or potential delay; and provided further, that no such notice shall be required if deemed to be as so estimated unless, within five (5) Business Days after the giving of such written notice, Tenant Delay results shall notify the party from which the written notice originates of any disagreement therewith (including 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 schedulereasons therefor), or from schedule changes resulting from Tenant Modifications of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due . Notwithstanding anything to the parties' relative positions with respect contrary contained in this Section 2.2, if Landlord submits the Final Plans earlier than January 15, 1992, then Tenant shall have two (2) weeks to the construction processsend notice to Landlord approving said Final Plans, are more likely to which approval shall not be foreseeable by Tenant than by Landlordunreasonably withheld.

Tenant Delay. If substantial completion As used herein, the term “Tenant Delay” shall mean any delays to the Substantial Completion of the Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to Landlord’s Work arising as a result of 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: ”): (ia) Tenant's ’s failure to timely submit comply with Tenant’s obligations under the Lease or this Work Letter, including Tenant’s failure to act on any items required by this Work Letter, including, without limitation, Tenant's Planswithin the applicable time period(s) provided in the Lease or this Work Letter; (iib) Tenant ModificationsChange Orders; (iiic) Tenant's ’s failure to comply with with, or interference with, Landlord's contractor's ’s Contractor’s schedule; (ivd) the acts or omissions of Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period Parties (including, without limitation, failure to comply with its obligations under the Lease and this Work Letter within the time periods set forth herein, and failure to make any monetary deposit (or increase in the Letter of Credit) within the time required hereunder for such deposit); (e) the performance of Tenant’s Work (or installation of cabling or furniture pursuant to the Lease) while Landlord’s Work is being performed; (f) Tenant’s failure to respond to any request for consent or approval of any change in Landlord’s Plans or Landlord’s Work or to any change in any plans and specifications therefor resulting from any requirement of the City of Mountain View or from any change thereto requested by Tenant, or to otherwise act within the time provided for herein for such consent, approval, response or action, or, if no such time is provided for herein, within two (2) Business Days after receipt of Landlord’s request, or (g) construction of the Sky Bridge, to the extent Landlord has used commercially reasonable, good faith efforts to avoid such delay in delivery Landlord’s Work related to the Sky Bridge. Any period of Tenant's space plan Tenant Delay shall begin on (i) the date specified in Landlord’s written request for consent or Working Drawings approval provided such request contains the caption “TENANT’S FAILURE TO RESPOND WITHIN (_) BUSINESS DAYS SHALL RESULT IN THE COMMENCEMENT OF A PERIOD OF TENANT DELAY” in bold face, 12-point type and with the applicable number of Business Days inserted, or non-compliance with Landlord's contractor's schedule(ii) as to any other Tenant Delay not covered by request specified in clause (i), or from schedule changes resulting from the date on which Landlord gives Tenant Modifications of written notice that a Tenant Delay has occurred (which Tenant is advised by Landlord's architect or contractor as provided notice must contain the caption “NOTICE OF TENANT DELAY” in Paragraph 4bold face, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord12-point type).

Tenant Delay. If A “Tenant Delay” shall mean any actual delay in the substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building 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 delayLandlord’s Replacement Premises Work resulting from: (i1) 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 ’s failure to comply with any of the delivery dates or approval dates relative to the design, planning, pricing, and selection of finishes for Landlord's contractor's schedule; ’s Replacement Premises Work, (iv2) Tenant's or Tenant's Contractor's ’s failure to comply with Paragraph 8provide responses to requests for information, approvals or disapprovals regarding Landlord’s Replacement Premises Work within the time periods established herein or any construction schedule provided by Landlord (or if not so stated, then within two (2) Business Days after requested by Landlord), (v3) Tenant's requested changes ’s requests for Extra Work (even if Tenant elects not to proceed with the Extra Work requested), (4) Tenant’s failure to pay any amounts when due hereunder, (5) any delay resulting from Tenant’s early access to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request for materialsReplacement Premises, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused work being performed by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; Replacement Premises, while Landlord is performing Landlord’s Replacement Premises Work, or (viii6) any other event expressly constituting "act or failure to act by Tenant, Tenant’s employees, agents, architects, engineers, contractors, consultants and/or any other person performing or required to perform services on behalf of Tenant. Notwithstanding anything contained herein or elsewhere in this First Amendment to the contrary, if there is any increase in the cost of Landlord’s Replacement Premises Work as a result of a Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice Delay or if Landlord becomes aware that Tenant is delayed in danger substantial completion of causing Landlord’s Replacement Premises Work as a result of a Tenant Delay, then (a) Tenant shall be responsible for the increase in the cost of Landlord’s Replacement Premises Work, and if Tenant takes appropriate measures to prevent such delay within such five (5b) day period, no adjustment to the Delivery Date or Replacement Premises Commencement Date shall be made deemed to be the date on account of such which Landlord’s Replacement Premises Work would have been Substantially Complete but for the Tenant Delay; provided, however, that if such delay was not reasonably foreseeable Delay as determined by Landlord, the five . Tenant’s failure to pay any sums due hereunder within ten (510) day period for prior notice and opportunity to mitigate provided above days after receipt of Landlord’s written demand therefor shall be changed to forty-eight (48) hours after Landlord becomes aware an Event of 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by LandlordDefault hereunder.

Tenant Delay. If substantial completion For the purposes of this Work Letter and the Lease, “Tenant Delay” means any actual delay in any of (a) Substantial Completion of the Tenant ImprovementsLandlord Work, Warm Shell Improvements or Base Building is delayed due to (b) achievement of the Required Delivery Condition, or (c) achievement any of the following milestones listed in Paragraph 2.8 of the Lease, in each of cases (collectivelya) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, "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 delayresulting from either: (i) Tenant's ’s failure to timely submit any items required by this Work Letterfulfill its obligation with respect to provide either documents or approvals within the time periods specified therefor herein, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; any change orders requested by Tenant, (iii) Tenant's failure to comply an act or omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8’s Work, (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 in construction completion of the Warm Shell Improvements Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Improvements; or (viii) any other event expressly constituting "Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delay" pursuant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is ______________ 7 See footnote no. 6. Exhibit C Building F and Amenities Building occurring. With respect to any provision of this Work Letter. changes to the Warm Shell Components requested by Tenant, Landlord shall give hereby notifies Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is such request will result in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to agrees that this notice satisfies the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, requirement for written notice set forth in the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordprevious sentence.

Tenant Delay. If substantial completion Notwithstanding the foregoing provisions of this Exhibit B-3, to the extent Landlord is actually delayed in achieving the End of the Tenant Improvements, Warm Shell Improvements Construction Period or Base Building is delayed due to any of the following (collectively, "Tenant Delays"), then the Delivery Date and/or Rent Commencement Date, Condition as applicable, shall be adjusted to reflect what the substantial completion date would have been if there had been no delaya direct result of: (i) Tenant's failure to timely submit comply with any items required by of the deadlines specified in this Exhibit B-3 or elsewhere in the Lease with respect to Landlord's construction of the Base Building Work Letterand/or any Landlord Constructed Tenant Improvement Work, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; (iii) Tenant's failure to comply with Landlord's contractor's schedule; pay when due any amount required pursuant to this Exhibit B-3, (iii) Tenant’s or the Leasehold Contractor’s (or its subcontractors’) unreasonable interference with, or failure to cooperate [as required in Section 3(d), below)] with, Landlord and the contractors undertaking any Base Building Work and/or any Landlord Constructed Tenant Improvement Work, (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting deemed to be a “Tenant Delay” pursuant to the terms of the Lease, or (v) any interruption or delay in Landlord’s construction of the Base Building Work and/or any Landlord Constructed Tenant Improvement Work directly caused by the failure of the Tenant Improvement Work to comply with applicable law, then, the End of the Construction Period or the Rent Commencement Condition, as applicable shall be deemed to have been achieved on the date such condition would have been achieved had such delay or delays not occurred (each of which is referred to herein as a "Tenant Delay" pursuant to any provision of this Work Letter"). Landlord shall give Tenant at least five notify Tenant’s Authorized Representative (5in writing which writing shall include an identification of the cause of such delay with reasonable specificity) days prior notice promptly upon Landlord’s becoming aware of the existence of any such delay and, notwithstanding the preceding sentence, if Landlord becomes fails to so notify Tenant’s Authorized Representative (in writing) as soon as reasonably practicable after becoming aware that Tenant is in danger of causing a Tenant Delaythereof, and if Tenant takes appropriate measures to prevent such delay within such five (5) day periodthen, no adjustment to the Delivery Date or Commencement Date shall be made on account extent that timely notice would have mitigated the effects of such delay, any period prior to such notice shall not constitute Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if with respect to any Tenant Delay results from caused by clause (i) above (i.e., Tenant's failure to perform timely comply with deadlines). Within two (2) Business Days after Tenant’s written request therefor, Landlord shall notify Tenant in writing whether or not Landlord is aware of any obligation within a specific date Tenant Delay or time period is aware of any event which might reasonably lead to any Tenant Delay. Landlord agrees to use good faith reasonable efforts to counter the effect of any Tenant Delay; however, Landlord shall not be obligated to expend any additional amounts in such efforts (includinge.g., without limitationby employing overtime labor) unless Tenant agrees in advance to bear any incremental cost associated with such efforts (whether or not such efforts are ultimately successful). For purposes of this Section 3(a), any the terms “actually delayed” and “actual delay(s)” shall mean delay in delivery the completion of Tenant's space plan the work necessary to achieve the End of the Construction Period or Working Drawings or non-compliance with Landlord's contractor's schedule)the Rent Commencement Condition, or from schedule changes resulting from Tenant Modifications as applicable, that would not have occurred but for the applicable event, it being expressly agreed that the incurrence of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to overtime labor costs shall not be a prerequisite for the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordexistence of such delay.

Tenant Delay. If substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building 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 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting The term "Tenant Delay" means Lessee's failure to furnish the information and/or assistance as and when required of Lessee pursuant to the Lease, this EXHIBIT C, or the Addendum, and including without limitation Lessee's failure to render Lessee's approval or disapproval, or Lessee's or Lessee's agents failure to make submissions to Lessor, within the time limits specified in this EXHIBIT C; or Lessee's changes in Plans and/or Final Plans following approval by Lessor and Lessee of the foregoing; or Lessee's interference with the construction process; or delays caused by Lessee's agents, including without limitation Lessee's contractors and subcontractors; or delays resulting from building code .requirements due to any provision special requirements of this Work LetterLessee and/or the requirement for material or labor that is not readily available, if Lessee fails to make alternative arrangements to comply with such requirements or select other material or labor that is readily available within three (3) business days following Lessor's notice. Landlord Any incremental costs to Lessor associated with any Tenant Delay will be passed on to and shall give be borne solely by Lessee. Notwithstanding the foregoing, no Tenant at least five Delay shall be deemed to have occurred unless and until Lessor has provided written notice to Lessee specifying the action or inaction that Lessor contends constitutes Tenant Delay. If such action or inaction is not cured within one (51) days prior notice if Landlord becomes aware that Tenant is in danger business day after receipt of causing such notice, then a Tenant Delay, and if Tenant takes appropriate measures to prevent as set forth in such delay within such five (5) day periodnotice, no adjustment to the Delivery Date or Commencement Date shall be made on account deemed to have occurred commencing as of the date such notice is received or deemed received and continuing for the number of business days the completion of Lessor's Shell and Core Work was in fact delayed as a direct result of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay action 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordinaction.

Tenant Delay. If substantial completion “Tenant Delay” means any delay in the critical path of the Tenant Improvements, Warm Shell Improvements schedule for the performance of Landlord’s Work to the extent caused by any act or Base Building 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 act by Tenant or its Agent in violation of this Work LetterExhibit “E”, including, without limitation, : (i) the failure to complete any item of Tenant's Plans’s Work upon which Landlord’s Work is dependent; (iii) Tenant Modificationsapproved TCRs or change orders; any directive by Tenant to cease work; (iii) specification by Tenant of a finish or unique specialty item that is unavailable or has a lead time exceeding that of comparable products, provided that Landlord will notify Tenant if any finish or unique specialty item specified by Tenant is likely to have an unusually long lead time or result in a Tenant Delay; failure of Tenant or Tenant's failure ’s Design Team to comply with Landlord's contractor's scheduleproduce the Final Tenant Improvement Construction Documents according to all applicable codes, laws and regulations within the time periods set forth herein; (iv) Tenant's failure of Tenant or Tenant's ’s Design Team to respond to the Tenant Improvements General Contractor's ’s requests for information; failure of Tenant to comply with Paragraph 8respond or submit Tenant materials within the time periods set forth on Schedule 2, Schedule 3 or Schedule 4 attached to this Exhibit “E”, which delay has a material adverse effect on the critical path of the Landlord’s Work; (v) failure to cooperate with government authorities having jurisdiction over Landlord’s Work; failure of Tenant to timely pay Landlord or any of Tenant's requested changes to the Tenant's Plans after they are approved by Landlord’s contractors, subcontractors, architects or other professionals; (vi) Tenant's request for materialsinterference by Tenant or it contractors in the progress of the Landlord’s Work, finishes or installations which require longer than thirty (30) days to completeand; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event item expressly constituting "Tenant Delay" pursuant to any provision of identified in the Lease (including this Work Letter. Landlord shall give Tenant at least five (5Exhibit “E”) days prior notice if Landlord becomes aware that Tenant is in danger of causing as a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.

Tenant Delay. If Tenant shall use its best efforts to cooperate with Landlord, the Architect, the Contractor, and Landlord’s other consultants to complete all phases of the Plans, approve the Construction Pricing Proposal and obtain the permits for the Tenant Improvement Work as soon as possible after the execution of this Agreement, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building Improvement Work is delayed due to (a “Tenant Delay”) as a result of any of the following (collectivelyand not as a result of a Force Majeure): (a) any failure of Tenant to obtain Landlord’s approval of the Architectural Plans on or before the Plan Approval Deadline and/or any failure of Tenant to deliver the Permits to Landlord pursuant to Section 2.8 above on or before Tenant’s Permitting Deadline; (b) Tenant’s failure to timely approve the Engineering Drawings or any other matter requiring Tenant’s approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for Landlord’s approval of any change) in the Approved Architectural Plans, "the Approved Engineering Drawings or the Approved Construction Drawings (except to the extent such delay results from any failure of Landlord to perform its obligations under Section 2.7 and/or Section 3.2.2 above); (e) Tenant’s requirement for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of substantial completion of the Tenant Delays")Improvement Work as set forth in this Agreement; (f) any change to the base, then shell or core of the Delivery Date and/or Commencement DatePremises or Building required by the Approved Construction Drawings; or (g) any other act or omission of Tenant or any of its agents, as applicableemployees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually substantially completed, the Tenant Improvement Work shall be adjusted deemed to reflect what be substantially completed on the substantial completion date on which the Tenant Improvement Work would have been substantially completed 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 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordhad occurred.

Tenant Delay. If substantial completion For the purposes of this Work Letter and the Lease, “Tenant Delay” means any actual delay in any of (a) Substantial Completion of the Tenant ImprovementsLandlord Work, Warm Shell Improvements or Base Building is delayed due to (b) achievement of the Required Delivery Condition, or (c) achievement any of the following milestones listed in Paragraph 2.8 of the Lease, in each of cases (collectivelya) through (c) beyond the dates specified therefor set forth in Article 2 of the Lease, "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 delayresulting from either: (i) Tenant's ’s failure to timely submit any items required by this Work Letterfulfill its obligation with respect to provide either documents or approvals within the time periods specified therefor herein, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; any change orders requested by Tenant, (iii) Tenant's failure to comply an act or omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord's contractor's schedule; (iv) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8’s Work, (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 in construction completion of the Warm Shell Improvements Components and Exclusive Use Areas in the Required Delivery Condition, or achievement of an affected milestone, is deemed to have occurred shall be advanced by the cumulative duration of such Tenant Improvements; or (viii) any other event expressly constituting "Delays, and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delay" pursuant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any provision of this Work Letter. changes to the Warm Shell Components requested by Tenant, Landlord shall give hereby notifies Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is such request will result in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to agrees that this notice satisfies the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, requirement for written notice set forth in the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.previous sentence. Exhibit C Building E

Tenant Delay. If substantial completion Notwithstanding any provision herein or in the Lease to the contrary, the Landlord Delivery Date for Landlord’s Work and the Commencement Date shall in no event be delayed or extended by any “Tenant Delay” or Change Order Delay, and each such date (as applicable) shall be deemed to have occurred on the day that each such date (as applicable) would have occurred but for any intervening Tenant Delay or Change Order Delay. Without limitation of the facts or circumstances also agreed by the parties herein or in the Lease to constitute “Tenant Delay,” “Tenant Delay” shall also mean and include but not be limited to delays resulting from changes, revisions or supplements to the scope of Landlord’s Work or Tenant Work requested by Tenant; Tenant’s failure to provide information, materials, documents, plans or specifications, or to furnish Tenant’s cooperation as required by Landlord in connection with Landlord’s Work or Tenant Work within the required time periods, including Tenant’s initial submission of Tenant Plans; delays in the preparation, finalization or approval of the Tenant ImprovementsPlans caused by Tenant or its architect, Warm Shell Improvements contractors, authorized representative, agents or Base Building 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 Plansemployees; (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 8, (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 modifications, revisions or changes to Tenant in construction of the Warm Shell Improvements Plans caused or the required by Tenant Improvements; or (viii) its architect, contractors, authorized representative, agents or employees, or by any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date state or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period municipal authority (including, without limitation, modifications, revisions or changes required to Tenant Plans or Landlord’s Plans upon presentation of Tenant Plans (or revisions thereto) for permitting; delays in the delivery or installation of any delay in delivery of Tenant's space plan or Working Drawings special, long-lead or non-compliance with Landlord's contractor's schedule)standard items specified by Tenant; or delays caused by delivery, installation or from schedule changes resulting from completion of any Tenant Modifications of which finish work performed by Tenant’s contractors; or any other delay caused by Tenant is advised by Landlord's architect or contractor as provided its architect, contractors, representatives, agents or employees. Notwithstanding anything in Paragraph 4, or from causes that, due this Section G to the parties' relative positions contrary, with respect regard to those Tenant Delays which, pursuant to the construction processexpress provisions of this Work Letter, are more likely shall not be assessed or be deemed to have occurred in the absence of Landlord’s notice, Landlord agrees to furnish such notice as soon as reasonably practicable after Landlord shall have actual knowledge of the facts or circumstances giving rise thereto; the parties agreeing that such notice may be foreseeable delivered telephonically or by facsimile transmission to Tenant’s representative. In the event any Tenant than by Delay or Change Order Delay shall occur, substantial completion of the Landlord’s Work and Tenant Work shall be deemed to have occurred on the date on which substantial completion thereof would have occurred, but for the Tenant Delays and Change Order Delays.

Tenant Delay. If substantial (A) a delay shall occur in the ------------ completion of the Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to Landlord Work as the result of any of the following (collectively, herein referred to as a "Tenant DelaysDelay"), 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 any direction by Tenant that Landlord hold ------------ up proceeding with a segment of Landlord Work preliminary to timely submit a possible change therein by Tenant or for any items required by this Work Letterother reason, including, without limitation, Tenant's Plans; (ii) a failure by Tenant Modificationsto execute this Lease on or before May 15, 2000; (iii) Tenant's a failure by Tenant to comply with Landlord's contractor's schedule; approve the plans and specifications for the Landlord Work on or before May 31, 2000, (iv) any change by Tenant in any plan, specification or finish information to be furnished by Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, if any, (v) any delay caused by any other act or omission of Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; , its agents, employees or contractors, (vi) Tenantthe fact that a change requested by Tenant to Landlord Work requires lead time to obtain or construction time to perform, in excess of that required for Landlord's request for materialsstandard work with reasonable diligence in obtaining and performing the same on the part of Landlord ("Long Lead Items"), finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused if work is to be done by Tenant in Tenant, its --------------- employees or contractors, which under good construction scheduling practice should be completed before some portion of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Landlord Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delaydone, and if Tenant takes appropriate measures to prevent such delay within such five Landlord's Work is not completed on schedule, then (5B) day period, no adjustment to the Delivery Date or Commencement Date shall (even though no Certificate of Occupancy has been issued or Landlord Work has not been substantially completed) be made on account deemed, but only for the purpose of determining the commencement of fixed annual rent and additional rent, to be one day earlier than provided for in Article 2 of the Lease for each day of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.. PLANS AND SPECIFICATIONS [FLOOR PLAN APPEARS HERE] EXHIBIT E HVAC SPECIFICATIONS

Tenant Delay. If substantial The term “Tenant Delay” shall mean each day that Substantial Completion of the Leasehold Improvements is delayed by any of the following: (a) Tenant’s failure to respond, within the time periods prescribed by Landlord, to a request for information necessary for the completion of the Tenant Improvements, Warm Shell Improvements Space Plan or Base Building is delayed due the Construction Drawings; or (b) failure for any reason to develop the Approved Space Plan or the Approved Construction Drawings by the dates prescribed herein; or (c) failure for any reason to mutually approve the selection of the following Contractor and the bid of the Contractor, or for Tenant to execute and deliver the T.E.A., by the date required in Section 2.02(b) above; or (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: (id) Tenant's ’s failure to timely submit any items pay the Rent and Security Deposit as required by this Work Letter, including, without limitation, Tenant's Plansin the Lease; or (ii) Tenant Modifications; (iiie) Tenant's ’s failure to comply with Landlord's contractor's schedulepay Tenant’s Construction Costs Deposit by the date required in Section 4.01(b)(i) above; or (ivf) Tenant's changes by Tenant in the Approved Construction Drawings or Tenant's Contractor's failure to comply with Paragraph 8, Change Orders; or (vg) Tenant's requested changes to the Tenant's Plans after they are approved requirements by Landlord; (vi) Tenant's request Tenant for materials, finishes or installations which require longer than thirty (30) days are not Building Standard, including but not limited to complete; (vii) any delays caused by failure to obtain or to receive delivery or installation of any such Non-Building Standard materials in a timely manner; or (h) any interference by Tenant in construction with the performance of the Warm Shell Improvements or the Tenant Leasehold Improvements; or (viiii) delay by Tenant in delivering to Landlord an executed, revised T.E.A. and paying to Landlord any addition to Tenant’s Construction Costs Deposit required by a Change Order; or (j) any other event expressly constituting "cause which is defined as a Tenant Delay" pursuant Delay under this Work Letter or the Lease; or (k) changes which must be made in the Approved Construction Drawings because the same do not comply with Legal Requirements; or (l) changes to the base, shell and core of the Building required by the Approved Construction Drawings; or (m) if a Certificate of Occupancy (temporary or final), is required in order to achieve Substantial Completion of the Leasehold Improvements, any provision refusal by the appropriate governmental authority to issue such Certificate of Occupancy due to Tenant’s failure to install, or delay in installing, any furniture or equipment that Landlord is not required to install as part of the Leasehold Improvements; or (n) any other acts or omissions of Tenant, or its agents, or employees. The date that Substantial Completion actually occurs will be accelerated for all purposes of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period Lease (including, without limitation, any delay in delivery for determination of Tenant's space plan or Working Drawings or non-compliance with Landlord's contractor's schedulethe Commencement Date and the obligation to pay Rent), or from schedule changes resulting from by the number of days of any Tenant Modifications Delay that causes Landlord to be delayed beyond March 1, 2018, in achieving Substantial Completion. If Landlord is unable to achieve Substantial Completion because of Tenant Delay, Landlord may, by written notice to Tenant, establish the Commencement Date as the date on which Substantial Completion could have been achieved, but for such Tenant Delay. Schedule 1 of Exhibit “C” TENANT EXPENDITURE AUTHORIZATION Project: Date: T.E.A. #: Distribution: Prepared By: Contractor: Space Planner: Square Feet of Net Rentable Area: Architectural/Mechanical/Electrical/Structural Engineering Design Fees $ Construction: $ $ $ $ SUBTOTAL $ Construction Management Fee $ Contingency $ Total Estimated Project Cost $ Tenant Improvement Allowance $ Tenant’s Construction Costs Deposit $ Total Now Due and Payable $ Recommendation for Authorization: Landlord’s Representative Date Tenant Authorization: __________________________________ Tenant’s Representative Date EXHIBIT “D” COMMENCEMENT NOTICE This Commencement Notice is advised entered into this ___ day of __________, 20____, by ____________________ (“Landlord's architect or contractor as provided in Paragraph 4”) and ____________________ (“Tenant”), or from causes that, due pursuant to the parties' relative positions provisions of that one certain Lease Agreement (the “Lease”) dated __________, 20__, by and between Landlord and Tenant covering certain space in the Building known as ____________________. All terms used herein with respect their initial letter capitalized shall have the meaning assigned to such terms in the construction process, are more likely to be foreseeable by Tenant than by LandlordLease.

Tenant Delay. If substantial completion of the The phrase, “Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to any of the following (collectively, "Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicableDelay”, shall be adjusted to reflect what defined as any delay in the substantial completion date would have been if there had been no delay: of Landlord’s Work actually caused by (i) special work, upgrades or long lead-time items for which Landlord identifies in writing (it being agreed such writing may be in the form of an e-mail), promptly upon submission of a Work Change Order, a specified period of delay, and in either instance Tenant does not withdraw or alter such special work, upgrade, long lead-time item which avoids such delay, (ii) any changes to any plans, including the Final Plans, made by Tenant's failure , or any Work Change Order requested by Xxxxxx, in any case for which Xxxxxxxx identifies a specified period of delay at the time of its approval and for which Tenant does not withdraw such change to timely submit avoid delay, (iii) any items change in the design of the Landlord’s Work or any component thereof made by Tenant that results in a delay in the Landlord’s construction start date beyond the date that is sixty (60) days after Landlord’s receipt of the construction drawings, (iv) the delay of Tenant or its architects and engineers in approving the Construction Plans, or supplying, submitting or approving any other plans, specifications, pricing or estimates or giving authorizations or supplying information reasonably required by Landlord or its general contractor or the Town of Bedford by the dates stipulated in this Work LetterArticle 3, or in any other instance if no time period is specified, then within five (5) business days after request therefor, (v) any failure by any contractors employed by Tenant including, without limitation, contractors furnishing telecommunications, data processing or other service or equipment directly to Tenant (and not via Landlord’s contractors) to comply with the agreed upon timetables for coordination of the parties’ respective components of work, as established at on-site or virtual progress meetings between Landlord’s representative and Tenant's Plans; ’s representative, each acting reasonably and in good faith, (iivi) Tenant Modifications; (iii) Tenant's any failure to comply with Landlord's contractor's schedule; (iv) Tenant's this Article 3 or Tenant's Contractor's failure to comply any material interference with Paragraph 8the performance of Xxxxxxxx’s Work by Tenant or any of its agents, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request for materialsemployees, finishes architects, engineers or installations which require longer than thirty (30) days to complete; contractors, or (vii) delays caused by Tenant Tenant’s delay in construction of paying a Work Change Order when due or in delivering the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" Security and Restoration Deposit required pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by LandlordSection 4.4.

Tenant Delay. If substantial completion of the Tenant ImprovementsAs used herein, Warm Shell Improvements or Base Building 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 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant shall mean, as ------------ to any provision delay experienced by Landlord in connection with its Shell and Core Work, (a) any interference or delay caused by occurrences within the reasonable control of Tenant not otherwise permitted under this Work LetterLease (i.e. permitted Tenant approval and construction processes applied within scheduled time periods shall not be deemed Tenant Delay); (b) any delay caused by Tenant's failure or --- refusal to furnish plans, or approve or disapprove plans for the Tenant Improvements in excess of the periods set out in Appendix D; (c) any delay attributable to changes in or additions to Landlord's plans requested by Tenant beyond or after the approval process set forth in Appendix D; or (d) any other delay in acts of Tenant required under Appendix D; provided that the foregoing clauses (a) through (d) shall apply only to the extent that such delay, ---- notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date of Premises Delivery. Landlord shall give notify Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not as soon as reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after possible when Landlord becomes aware of such delay or potential delay; and provided further, an event that no such it believes constitutes a Tenant Delay. Such notice shall be required if include a description of the matter constituting the 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 and Landlord's contractor's schedule), or from schedule changes resulting from good faith estimate of the length of the Tenant Modifications of which Delay. Landlord also agrees to meet and cooperate with Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect seek opportunities to the construction process, are more likely to be foreseeable by minimize Tenant than by LandlordDelay.

Tenant Delay. If substantial completion Landlord shall endeavor (but shall not be obligated) to tender possession of each Phase of the Project on or before the applicable Scheduled Commencement Date. If the Phase I Work or the Phase II Work, as applicable, as required pursuant to the terms of this Work Letter, is not Substantially Complete on or before the applicable Scheduled Commencement Date for any reason whatsoever, then, except as provided in the Lease, the Lease shall not be void or voidable, Landlord shall not be liable to Tenant Improvements, Warm Shell Improvements for any loss or Base Building is delayed due to any damage resulting therefrom and the applicable Commencement Date shall not occur until Substantial Completion of the following Phase I Work or the Phase II Work, as applicable, occurs; provided, however, if the satisfaction of the requirements for Substantial Completion of the Phase I Work or the Phase II Work, as applicable, have been actually delayed by any Tenant Delay (collectively, "Tenant Delays"as defined below), then then, subject to the Delivery Date and/or Commencement Dateterms hereof, Substantial Completion of the Phase I Work or the Phase II Work, as applicable, shall be adjusted deemed to reflect what occur when (as reasonably determined and substantiated by Landlord) Substantial Completion of the substantial completion date Phase I Work or the Phase II Work, as applicable, would have been occurred if there such Tenant Delay had been no delaynot occurred. “Tenant Delay” shall mean: (i1) delays or failure of Tenant to deliver items in accordance with this Work Letter; (2) Tenant's ’s failure to timely submit any items required by fulfill its obligations as set forth in this Work Letter, including, without limitation, Tenant's PlansLetter within the time periods set forth therein; (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 8, (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; (vii3) delays caused by Base Building Tenant in construction Change Order Requests or TI Tenant Change Order Requests; (4) unavailability of materials, components or finishes for the Tenant Improvements that have an unusually long lead-time for delivery (unless Landlord, the TI Contractor or any subcontractors or suppliers fail to timely order such items); (5) a willful or negligent act or omission of Tenant or Tenant’s consultants, vendors, contractors, subcontractors, or agents that interferes with the progress of the Warm Shell Improvements or the Tenant Improvementswork; or (viii6) any other event or circumstance expressly constituting "described as a Tenant Delay" pursuant to any provision of Delay in this Work Letter. Landlord shall give not assess any day towards a Xxxxxx Xxxxx for delays caused by Landlord, any architect, engineering consultant, design team, general contractor, subcontractor or vendor selected by Landlord or any third parties or due to Force Majeure. Notwithstanding anything above to the contrary, (i) no delay shall be considered a Tenant at least five Delay unless Landlord provides Tenant written notice of such Tenant Delay within ten (510) days prior notice if of the date that Landlord becomes aware that Tenant is in danger of causing the occurrence of a Tenant Delay, and if Tenant takes appropriate measures fails to prevent cure such delay within such five three (53) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delaydays; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice and cure period 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 such 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to interference with the Landlord’s construction processactivities and Landlord has previously notified Tenant of similar Tenant Delays, are more likely and (ii) no delay shall be considered a Tenant Delay in the event Substantial Completion of the Phase I Work or the Phase II Work, as applicable, occurs on or before the applicable Scheduled Commencement Date. Landlord and its contractors shall take commercially reasonable actions, remedial or otherwise, to complete the Phase I Work and the Phase II Work by the applicable Scheduled Commencement Dates notwithstanding any Tenant Delay. All additional cost and expense payable by Landlord, if any, to complete the Phase I Work or the Phase II Work due to Tenant Delay (“Tenant Delay Costs”), shall be foreseeable paid by Tenant than by Landlordwithin thirty (30) days following Xxxxxx’s receipt of an invoice therefor, which invoice shall include reasonable back-up documentation with respect to such Tenant Delay Costs.

Tenant Delay. If substantial For the purposes of this Work Letter and the Lease, “Tenant Delay” means any actual delay in the Landlord’s completion of the Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to any of Components and Building-Specific Common Areas in the following (collectively, "Tenant Delays"), then the Required 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 delayCondition resulting from either: (i) Tenant's ’s failure to timely submit any items required by this Work Letterfulfill its obligation with respect to provide either documents or approvals within the time periods specified therefor herein, including, without limitation, Tenant's Plans; (ii) Tenant Modifications; any change orders or TRCs requested by Tenant, (iii) Tenant's failure to comply with Landlord's contractor's schedule; any matters specifically identified elsewhere in this Work Letter or in the Lease as Tenant delays, or (iv) Tenant's an act or Tenant's Contractor's failure omission of Tenant or any Tenant Parties which interferes with the progress of construction of the Building. In the event of any Tenant Delay the date upon which Substantial Completion of the Landlord’s Work is deemed to comply with Paragraph 8have occurred shall be advanced by the cumulative duration of such Tenant Delays, (v) Tenant's requested and the Delivery Date shall be deemed to have occurred in advance of the actual delivery date as a sole and direct result of the cumulative duration of such Tenant Delays. A Tenant Delay shall not be deemed to have commenced until Landlord has provided written notice to Tenant that a Tenant Delay is occurring. With respect to any changes to the 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 in construction of the Warm Shell Improvements or the Components requested by Tenant, Landlord hereby notifies Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is such request will result in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to agrees that this notice satisfies the Delivery Date or Commencement Date shall be made on account of such Tenant Delayrequirement for written notice set forth in the previous sentence; provided, however, that if upon completion of the TRC Estimate, such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above TRC Estimate shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordcontrol over this sentence.

Tenant Delay. If substantial completion The term “Tenant Delay” as used in the Lease or this Work Letter shall mean any delay in the Substantial Completion of the Work (as defined in Paragraph 2(c) below) in accordance with the timelines provided in the Construction Schedule attached hereto as Schedule “F-5”, as the same may be adjusted by Change Order, to the extent due to (a) any material interference by Lessee with the work of the General Contractor or its subcontractors during Lessee’s Early Entry; (b) a written Change Order (as defined below) requested by Lessee, but only to the extent of the Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to Delay specified in such Change Order; (c) 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 Delay specified in this Work LetterLetter or in the Lease, including, without limitation, Tenant's Plansany Tenant Delay agreed upon in writing following the First Meeting (defined above) or determined by the Design Arbitrator as set forth above; (iid) Tenant Modifications; the inclusion of any so-called “long lead” materials in the improvements (iii) Tenant's failure such as fabrics, paneling, carpeting or other items that are not readily available within industry standard lead times [e.g., custom made items that require time to comply with Landlord's contractor's schedule; (iv) Tenant's procure beyond that customarily required for standard items, or Tenant's Contractor's failure items that are currently out of stock and will require extra time to comply with Paragraph 8, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request back order] and for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delaysuitable substitutes exist); provided, however, that if any such “long lead” item is not specified in the Schedules attached to EXHIBIT “F” this Work Letter, its inclusion shall not constitute a Tenant Delay unless Lessor has notified Lessee that such item is a “long lead” item and has given Lessee a reasonable period of time to approve the inclusion of the item prior to the time at which it would delay was Substantial Completion of the Work; (e) Lessee’s failure to provide, within a reasonable period of time, information requested by Lessor that is reasonably necessary for the Substantial Completion of the Work; and (f) Lessee’s failure to make any payment required under this Work Letter within the period specified therefor (it being acknowledged that if Lessee fails to make or otherwise delays making such payments, Lessor may stop work rather than incur costs which Lessee is obligated to fund but has not reasonably foreseeable by Landlord, the five (5) day period for prior notice yet funded and opportunity to mitigate provided above any delay from such a work stoppage will be a Tenant Delay). Lessee shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; liable for, 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 pay all costs and expenses incurred by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due Lessor to the parties' relative positions with respect to the construction process, are more likely to be foreseeable extent caused by a Tenant than by LandlordDelay.

Tenant Delay. If substantial completion The term “Tenant Delay” as used in the Lease or this Agreement shall mean any delay that Landlord may encounter in the performance of Landlord’s obligations under the Lease or this Agreement because of any act or omission of any nature by Tenant Improvementsor its agents or contractors, Warm Shell Improvements or Base Building is delayed due to including without limitation 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) delay attributable to changes in or additions to the Final Plans or to the Tenant Improvements requested by Tenant's failure , (ii) delay attributable to timely submit the postponement of any items required Tenant Improvements at the request of Tenant, (iii) delay by Tenant in the submission of the Space Plan and Working Drawings and Final Plans beyond the time periods permitted by this Work LetterAgreement or the giving of authorizations or approvals within the time limits set forth in this Agreement and (iv) delay attributable to the failure of Tenant to pay, when due, any amounts required to be paid by Tenant pursuant to this Agreement. Tenant shall pay all actual costs and expenses incurred by Landlord which result from any Tenant Delay, including, without limitation, Tenant's Plans; (ii) any actual costs and expenses attributable to increases in the cost of labor or materials. No Tenant Modifications; (iii) Tenant's failure Delay shall be deemed to comply with Landlord's contractor's schedule; (iv) Tenant's have occurred unless and until Landlord has given written notice to Tenant specifying the action or Tenant's Contractor's failure to comply with Paragraph 8, (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 inaction which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Landlord contends constitutes a Tenant Delay" pursuant to any provision . If such action or inaction is not cured within one (1 ) business day after Tenant’s receipt of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing such notice, then a Tenant Delay, and if Tenant takes appropriate measures to prevent as set forth in such delay within such five (5) day periodnotice, no adjustment to the Delivery Date or Commencement Date shall be made on account deemed to have occurred commencing as of the date Tenant received such notice and continuing for the number of days the Substantial Completion of the Premises was in fact delayed as a result of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay action 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordinaction.

Tenant Delay. If substantial completion In the event of Tenant Delay, Substantial Completion shall be deemed to be the date Substantial Completion would have occurred but for Tenant ImprovementsDelays. Landlord shall have no obligation to expend any funds, Warm Shell Improvements employ any additional labor, contract for overtime work, or Base Building otherwise take any action to compensate for any Tenant Delay. “Tenant Delay” means that, in whole or in part, Substantial Completion is delayed, or Landlord is delayed due in obtaining any permit(s) or certificate(s) that Landlord is required to obtain under the Lease or this Exhibit, as a result of any of the following (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 delayfollowing: (i) Tenant fails to fully and timely comply with the terms of this Exhibit, including without limitation Tenant's ’s failure to timely submit comply with any items required of the deadlines specified in this Exhibit; (ii) Tenant changes the CD’s, including any Approved Changes, notwithstanding Landlord’s approval of such changes and such change delays Substantial Completion provided the Selected Contractor advised Tenant and Landlord of such delay prior to the authorization of the Change Order by this Work LetterLandlord and Tenant; (iii) Tenant requests non-Building Standard improvements, materials, finishes, or installations provided Landlord advised Tenant that any such improvements, materials, finishes, or installations would cause a delay as part of Landlord’s review and approval of the CD’s and/or and Approved Changes; (iv) Tenant’s or its contractors’ unreasonable interfere with the work of Landlord or the Selected Contractor including, without limitation, during any pre-commencement entry period or in connection with Tenant's Plans’s installation of Tenant’s Equipment and such interference delays Substantial Completion; (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 8, (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 any governmental or quasi-governmental authorities arising from the Leasehold Improvements being designed to include items or improvements not typically found in construction of the Warm Shell Improvements or the Tenant ImprovementsClass A Projects; or (viiivi) any other event expressly constituting "Tenant-caused delay. Notwithstanding the foregoing, there shall be no Tenant Delay under clauses (ii) through (vi) above unless and until Landlord has provided Tenant’s Representative with written notice of such potential Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give use commercially reasonable efforts to provide Tenant’s Representative with written notice regarding any potential or actual Tenant at least five Delay Landlord is aware of within two (52) business days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.

Tenant Delay. If substantial The term “Tenant Delay” shall mean each day that Substantial Completion of Landlord’s Work is delayed by any of the following: (a) Tenant’s failure to respond, within the time periods prescribed by Landlord (or, if no time period is so prescribed, within five (5) days), to a request for information necessary for the completion of the Tenant ImprovementsSpace Plan or the Construction Drawings; or (b) failure for any reason, Warm Shell Improvements other than unreasonable delays attributable to Landlord, to develop the Approved Space Plan or Base Building is delayed due to any of the following Approved Construction Drawings by the dates prescribed herein; or (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: (ic) Tenant's ’s failure to timely submit any items execute and deliver the T.E.A. by the date required by this Work Letter, including, without limitation, Tenant's Plansin Section 2.02(b) above; or (ii) Tenant Modifications; (iiid) Tenant's ’s failure to comply with Landlord's contractor's schedulepay the Rent as required in the Lease; or (ive) Tenant's or Tenant's Contractor's ’s failure to comply with Paragraph 8, pay Tenant’s Construction Costs Deposit by the date required in Section 4.01(b)(i) above; or (vf) Tenant's requested changes to by Tenant in the Tenant's Plans after they are approved Approved Construction Drawings or Change Orders which actually cause delays in the completion of Landlord’s Work; or (g) requirements by Landlord; (vi) Tenant's request Tenant for materials, finishes or installations which require longer than thirty (30) days are not Building Standard, including but not limited to complete; (vii) any delays caused by failure to obtain or to receive delivery or installation of any such Non-Building Standard materials in a timely manner, but only to the extent that Landlord informed Tenant that such requirements were likely to result in construction of the Warm Shell Improvements or the Tenant Improvementsa delay; or (viiih) any interference by Tenant with the performance of Landlord’s Work; or (i) delay by Tenant in delivering to Landlord an executed, revised T.E.A. and paying to Landlord any addition to Tenant’s Construction Costs Deposit required by a Change Order; or (j) any other event expressly constituting "cause which is defined as a Tenant Delay" pursuant Delay under this Work Letter or the Lease; or (k) intentionally omitted; or (l) changes to the base, shell and core of the Building required by the Approved Construction Drawings, but only to the extent that Landlord informed Tenant that such changes were likely to result in a delay; or (m) if a Certificate of Occupancy (temporary or final), is required in order to achieve Substantial Completion of Landlord’s Work, any provision refusal by the appropriate governmental authority to issue such Certificate of Occupancy due to Tenant’s failure to install, or delay in installing, any furniture or equipment that Landlord is not required to install as part of Landlord’s Work; or (n) any other acts or omissions of Tenant, or its agents, or employees. The date that Substantial Completion actually occurs will be accelerated for all purposes of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period Lease (including, without limitation, for determination of the Commencement Date and the obligation to pay Rent (subject to the Rental Concession)), by the number of days of any delay Tenant Delay that causes Landlord to be delayed in delivery achieving Substantial Completion. If Landlord is unable to achieve Substantial Completion because of Tenant Delay, Landlord may, by written notice to Tenant, establish the Commencement Date as the date on which Substantial Completion could have been achieved, but for such Tenant Delay. EXHIBIT C FORM OF LETTER OF UNDERSTANDING ______________________________ Attn: ______________________, Property Manager _____________________________ _____________________________ RE: Lease between ____________________________________________(“Landlord”) and __________________________________________ (“Tenant”) for the Leased Premises located at ______________________________, __________________, __________ (the “Leased Premises”), within _________________________, dated ________________ (the “Lease”). Dear _________________________: The undersigned, on behalf of Tenant'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 Landlord's architect or contractor certifies to Landlord as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.follows:

Tenant Delay. If substantial completion Tenant shall use its best efforts to cooperate with Landlord, the Architect, the Contractor, and Landlord’s other consultants to complete all phases of the Plans and obtain the Permits as soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvements, Warm Shell Improvements or Base Building Improvement Work is delayed due (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (d) any breach by Tenant of this Suite 275 Expansion Work Letter or this Agreement; (e) any request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion of the Plans that has previously been approved by both parties (except to the extent that such delay results from a failure of Landlord to perform its obligations under Section 2.7 or 3.2.2 above); (f) any requirement of Tenant for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (g) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the following (collectivelyTenant Improvement Work is actually Substantially Completed, "the Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicable, Improvement Work shall be adjusted deemed to reflect what be Substantially Completed on the substantial completion date on which the Tenant Improvement Work would have been Substantially Completed if there no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been no delay: (i) Tenant's failure to timely submit any items required by this Work LetterSubstantially Completed, including, as determined 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 8, (v) Tenant's requested changes giving effect 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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlordpreceding sentence.

Tenant Delay. If substantial completion of As used herein, the term "Tenant Delay" shall mean, as to any delay experienced by Landlord in its work on the Building or the Tenant Improvements, Warm Shell Improvements (a) any interference or Base Building is delayed due to delay caused by occurrences within the reasonable control of Tenant not otherwise permitted under this Lease (i.e. permitted Tenant approval and construction processes applied within scheduled time period shall not be deemed Tenant Delay); (b) any 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) delay caused by Tenant's failure or refusal to timely submit any items required by this Work Letterfurnish plans, includingor approve or disapprove plans for the Tenant Improvements, without limitation, Tenant's Planswithin the periods set out in Exhibit B; (iic) any delay attributable to changes in or additions to Landlord's plans requested by Tenant Modificationsbeyond the approval process set forth in Exhibit B; (iiid) Tenant's failure any other delay in acts of Tenant required under Exhibit B, or (e) selection of a Tenant Improvement contractor other than the contractor selected by Landlord to comply with perform Landlord's contractor's schedule; Work, provided that the foregoing clauses (iva) Tenant's or Tenant's Contractor's failure to comply with Paragraph 8, through (ve) Tenant's requested changes shall apply only to the extent that such delay, notwithstanding Landlord's reasonable best efforts to mitigate the delay, actually delays the date of Premises Delivery. Tenant Delay shall not include delays caused by revisions to Tenant's Plans after they are approved by Landlord; (vito meet historic preservation requirements as set forth in Section 3(m) Tenant's request for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letterbelow. Landlord shall give notify Tenant at least five (5) days prior notice if as soon as reasonably possible when Landlord becomes aware that of an event constituting Tenant is in danger Delay. Such notice shall include a description of causing a the matter constituting Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to Landlord's good faith estimate of the Delivery Date or Commencement Date shall be made on account potential amount of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice . Landlord also agrees to meet and opportunity cooperate with Tenant to mitigate provided above shall be changed seek opportunities to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if minimize 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by LandlordDelay.

Tenant Delay. If substantial completion of the A “Tenant Improvements, Warm Shell Improvements or Base Building is delayed due to any of the following (collectively, "Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicable, Delay” shall be adjusted deemed 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 8, (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 in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's failure to perform any obligation within a specific date or time period (includinginclude, without limitation, any delay in delivery the commencement, performance, Substantial Completion of the Expansion Premises or final completion of the Tenant Expansion Improvements which is attributable to any one or more of the following causes: (a) late submissions of information to be provided by Tenants and which is needed by Landlord to perform its obligations hereunder; (b) any changes requested by Tenant to the Expansion Drawings and Specifications or the Tenant Expansion Improvements; (c) delays in obtaining non-Building Standard construction materials requested by Tenant; (d) Tenant’s failure to timely approve any item requiring Tenant’s approval; (e) delays by Tenant in meeting the deadlines set forth herein; (f) the performance by Tenant or Tenant’s contractors of any improvement or any other related work at or about the Expansion Premises or the Property; (g) any act or omission of Tenant's space plan , Tenant’s Architect or Working Drawings Tenant’s contractors, (h) any breach by Tenant of any provision contained in this Exhibit or non-compliance with Landlord's contractor's schedule)in the Lease, (i) any disruption or interference by Tenant in the performance of the Tenant Expansion Improvements occurring in the course of any entry into the Expansion Premises pursuant to Section 3.02 of this Exhibit “B”, (j) any failure by Tenant to construct and install any Tenant Expansion Work, or from schedule changes resulting from to perform any other installations of furniture, fixtures and equipment in the Expansion Premises properly and in accordance with applicable Laws which results in a governmental authority denying the issuance of an Occupancy Permit for the Expansion Premises, and/or (k) any failure of Tenant Modifications to cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Tenant Expansion Improvements to be designed, approved and constructed in a timely manner. Notwithstanding the foregoing, a Tenant Delay shall not have deemed to have occurred to the extent a delay in the commencement, performance, Substantial Completion of which the Expansion Premises or final completion of the Tenant Expansion Improvements is advised by Landlord's architect or contractor as provided in Paragraph 4the result of the negligence of any party other than Tenant, or from causes thatTenant’s employees, due to the parties' relative positions with respect to the construction processagents or contractors. EXHIBIT C CONFIRMATION OF LEASE TERM THIS CONFIRMATION OF LEASE TERM is made this day of , are more likely to be foreseeable 20 , by Tenant than by and between PRINCETON SOUTH INVESTORS, LLC, a Delaware limited liability company (“Landlord”) and ANTARES PHARMA, INC., a Delaware corporation (“Tenant”).

Tenant Delay. If The term “Tenant Delay” shall mean, with respect to the completion of the Initial Improvements or completion of any of Landlord’s Work, delay which, notwithstanding Landlord’s reasonable efforts to avoid or reduce the same, is attributable to any: (1) delay in the giving of authorizations or approvals by Tenant; (2) delay attributable to the negligent or willfully wrongful acts or failures to act, of Tenant, its agents, or contractors, where such acts or failures to act delay the completion of the Initial Improvements or Landlord’s Work; (3) delay attributable to the interference of Tenant, its agents, or contractors with the completion of the Initial Improvements or Landlord’s Work, including delays resulting from entry into the Premises by such persons as contemplated in Paragraph 3.3 of the Lease; (4) any extension of time required to complete the Initial Improvements because of changes to the Plans or the Initial Improvements requested by Tenant, including any delays caused by requests for Extra Work pursuant to Paragraph 5 above; (5) any delay in obtaining a certificate of occupancy for the Premises as a result of the failure of any contractor hired by Tenant to complete any portion of the Initial Improvements prior to the completion of Landlord’s Work; or (6) any other event which is expressly identified as a Tenant Delay in the Lease. In the event that Landlord believes that any Tenant Delay has occurred, Landlord shall, promptly notify Tenant in writing of such assertion and the number of days of any such asserted Tenant Delay incurred prior to the date of such notice. In the event of any Tenant Delay, the date of substantial completion of the Tenant Improvements, Warm Shell Initial Improvements or Base Building is delayed due to any and delivery of the following (collectively, "Premises to Tenant Delays"), then the Delivery Date and/or Commencement Date, as applicable, by Landlord shall be adjusted deemed, for the purpose of determining the Commencement Date of the Lease, to reflect what be the substantial completion date the Initial Improvements 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 8, (v) Tenant's requested changes to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request completed but for materials, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if Tenant Delay results from Tenant's 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 scheduleDelay(s), or from schedule changes resulting from Tenant Modifications of which Tenant is advised by Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions with respect to the construction process, are more likely to be foreseeable by Tenant than by Landlord.

Tenant Delay. If substantial completion “Tenant Delay” means any delay which Landlord may encounter in the performance of the Tenant Improvements, Warm Shell Improvements or Base Building 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: Landlord’s obligations under this Lease (i) Tenant's failure to timely submit as the direct result of any items required breach by Tenant of its obligations under this Work Letter, including, without limitation, Tenant's Plans; Lease or (ii) Tenant Modifications; (iii) by reason of any negligence or wrongful act or omission of any nature of Tenant's failure to comply with Landlord's contractor's schedule; (iv) Tenant's , its Affiliates, Related Service Providers occupying all or Tenant's Contractor's failure to comply with Paragraph 8, (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 in construction any part of the Warm Shell Improvements or Premises, the Tenant Improvements; Group or (viii) any other event expressly constituting "of their agents, employees, contractors or invitees. Tenant Delay" pursuant shall pay to Landlord any provision costs or expenses incurred by Landlord by reason of this Work Letterany Tenant Delay which are in excess of the costs and expenses which Landlord would have incurred had the Tenant Delay not occurred. Landlord shall give Tenant at least five (5) days prior notice of any alleged Tenant Delay which is actually known to the Building manager. During any period that the Building manager or Landlord’s construction supervisor, if Landlord becomes aware that Tenant is in danger any, actually knows of causing a the Tenant Delay, and if no Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date Delay shall be made on account deemed to exist until the later of (i) the actual commencement of such Tenant Delay and (ii) fifteen days prior to (or in the case of an alleged Tenant Delay in connection with Sections 1.03(e) and (g), five days prior to) the date Landlord shall have given Tenant such notice of Tenant Delay; provided. Notwithstanding the immediately preceding sentence, however(i) during any period of time that the Tenant Delay is unknown by the Building manager and Landlord’s construction supervisor, that if any, such delay was not reasonably foreseeable by Landlord, the five (5) day period for prior notice and opportunity to mitigate provided above Tenant Delay shall be changed deemed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, exist notwithstanding that no such notice thereof has been delivered by Landlord to Tenant and (ii) any Tenant Delay in connection with Section 1.03(b) shall be required if Tenant Delay results from deemed to exist notwithstanding that no notice thereof has been delivered by Landlord to 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 Landlord's architect or contractor as provided in Paragraph 4, or from causes that, due to the parties' relative positions . Any dispute with respect to the construction process, are more likely Xxxxxx Xxxxx may be resolved by arbitration pursuant to be foreseeable by Tenant than by LandlordSection 9.03 hereof.

Tenant Delay. If A “Tenant Delay” shall mean any actual delay in the substantial completion of the Tenant Improvements, Warm Shell Improvements or Base Building 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 delayLandlord’s Work resulting from: (i1) 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 ’s failure to comply with any of the delivery dates or approval dates relative to the design, planning, pricing, and selection of finishes for Landlord's contractor's schedule; ’s Work, (iv2) Tenant's or Tenant's Contractor's ’s failure to comply with Paragraph 8provide responses to requests for information, approvals or disapprovals regarding Landlord’s Work within the time periods established in this Work Letter or any construction schedule provided by Landlord (or if not so stated, then within two (2) Business Days after requested by Landlord), (v3) Tenant's requested changes ’s requests for Extra Work (even if Tenant elects not to proceed with the Extra Work requested), (4) Tenant’s failure to pay any amounts when due hereunder, (5) any delay resulting from Tenant’s early access to the Tenant's Plans after they are approved by Landlord; (vi) Tenant's request for materialsPremises, finishes or installations which require longer than thirty (30) days to complete; (vii) delays caused work being performed by Tenant in construction of the Warm Shell Improvements or the Tenant Improvements; or Premises, while Landlord is performing Landlord’s Work (viii) any other event expressly constituting "Tenant Delay" pursuant to any provision of this Work Letter. Landlord shall give Tenant at least five (5) days prior notice if Landlord becomes aware that Tenant is in danger of causing a Tenant Delay, and if Tenant takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Delivery Date or Commencement Date shall be made on account of such Tenant Delay; provided, however, that if such delay was not reasonably foreseeable by Landlord, the five with respect to this clause (5) day period for prior notice and opportunity to mitigate provided above only, no event shall be changed deemed to forty-eight (48) hours after Landlord becomes aware of such delay or potential delay; and provided further, that no such notice shall be required if a Tenant Delay results from unless and until Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant's failure : (x) that a Tenant Delay is occurring, and (y) of the actions that Tenant must take to perform any obligation eliminate the Tenant Delay, and Tenant thereafter fails to correct the Tenant Delay within a specific date or time period two (including, without limitation, any delay in delivery 2) Business Days after receipt of Tenant's space plan or Working Drawings or non-compliance with Landlord's contractor's schedulethe Tenant Delay Notice), or from schedule changes resulting from Tenant Modifications (6) any other act or failure to act by Tenant, Tenant’s employees, agents, architects, engineers, contractors, consultants and/or any other person performing or required to perform services on behalf of which Tenant is advised by Landlord's architect Tenant. Notwithstanding anything contained herein or contractor as provided elsewhere in Paragraph 4, or from causes that, due this Lease to the parties' relative positions with respect to contrary, if there is any increase in the construction processcost of Landlord’s Work as a result of a Tenant Delay or if Landlord is delayed in substantial completion of Landlord’s Work as a result of a Tenant Delay, are more likely then (a) Tenant shall be responsible for the increase in the cost of Landlord’s Work, and (b) the Commencement Date shall be deemed to be foreseeable by the date on which Landlord’s Work would have been Substantially Complete but for the Tenant than Delay as determined by Landlord.