Common use of Tenant Delay Clause in Contracts

Tenant Delay. 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 Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (d) any breach by Tenant of this Suite 275 Expansion Work Letter or this Agreement; (e) any request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion of the Plans that has previously been approved by both parties (except to the extent that such delay results from a failure of Landlord to perform its obligations under Section 2.7 or 3.2.2 above); (f) any requirement of Tenant for materials, components, finishes or improvements that are not available in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (g) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall be deemed to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.

Tenant Delay. Tenant shall use its best efforts to cooperate with Landlord, If 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 substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any the failure of the Design Plans to comply with Law, or the failure of the Approved Construction Drawings to comply with Law as a result of the Design Plans or the programming information provided to Landlord by Tenant, during the Tenant Compliance Period (provided that the Review Period shall not be deemed to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadlinebe a Tenant Delay); (b) any Tenant’s 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; (dc) any breach by Tenant of this Suite 275 Expansion Work Letter or the Lease (including Tenant’s failure to pay any amount due to Landlord pursuant to the terms of Section 2.1(d) of this AgreementWork Letter); (ed) any Revision (or Tenant’s request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion of Revision) to the Plans that has previously been approved by both parties Approved Construction Drawings (except to the extent that such delay Revision results from a any failure of Landlord to perform comply with its obligations under Section 2.7 or 3.2.2 Sections 2.1 and/or 3.3.3 above); (fe) any Tenant’s 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 substantial completion of the Tenant Improvement Work as set forth in this Agreement; (gf) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawingsa Tenant-requested Revision thereto; or (hg) 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 Completedsubstantially completed, the Tenant Improvement Work shall be deemed to be Substantially Completed substantially completed on the date on which the Tenant Improvement Work would have been Substantially Completed substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before acknowledges and agrees that the Tenant Improvement Work has been Substantially Completedmay be performed during normal business hours before or after the Expansion Effective Date. Landlord and Tenant shall cooperate with each other in order to enable the Tenant Improvement Work to be performed in a timely manner and with as little inconvenience to the operation of Tenant’s business as is reasonably possible. Notwithstanding any contrary provision of this Agreement, any delay in the completion of the Tenant Improvement Work or inconvenience suffered by Tenant during the performance of the Tenant Improvement Work shall not subject Landlord to 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 determined without giving effect to the preceding sentenceamended.

Tenant Delay. “Tenant shall use its best efforts to cooperate with Landlord, Delay” means any delay in the Architect, critical path of the Contractor, and schedule for the performance of Landlord’s other consultants Work to complete all phases of the Plans and obtain the Permits as soon as possible, and extent caused by any act or failure to act by Tenant shall meet with Landlord, or its Agent in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (for purposes violation of this Exhibit B“E”, including, without limitation: (i) the failure to complete any item of Tenant’s Work upon which Landlord’s Work is dependent; (i) Tenant approved 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 Design Team to produce the Final Tenant Improvement Construction Documents according to all applicable codes, laws and regulations within the time periods set forth herein; (iv) as a result failure of (a) any Tenant or Tenant’s Design Team to respond to the Tenant Improvements General Contractor’s requests for information; failure of Tenant to approve respond or submit Tenant materials within the Architectural Drawings pursuant time periods set forth on Schedule 2, Schedule 3 or Schedule 4 attached to Section 2.5 above this Exhibit “E”, which delay has a material adverse effect on or before Tenantthe critical path of the Landlord’s Approval DeadlineWork; (bv) any failure to cooperate with government authorities having jurisdiction over Landlord’s Work; failure of Tenant to timely approve the Engineering Drawings for pay Landlord or any reason of Tenant’s contractors, subcontractors, architects or other than their failure to satisfy the Engineering Requirementsprofessionals; (cvi) any failure interference by Tenant or it contractors in the progress of Tenant to timely approve any other matter requiring Tenantthe Landlord’s approvalWork, and; (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 (hvii) any other act or omission of item expressly identified in the Lease (including this Exhibit “E”) as a 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. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceDelay.

Tenant Delay. For the purpose of this Lease, "Tenant shall use its best efforts Delay" means delay in the substantial completion ofthe Building(s) or the work to cooperate with Landlord, be performed by or on behalf of Landlord (including without limitation the Architect, the Contractor, and Landlord’s other consultants to complete all phases completion of the Plans and obtain Building 1 Tenant Improvements or the Permits as soon as possible, and Building 2 Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”Improvements) as a result of that occurs solely (a) because Tenant fails to meet any failure of Tenant to approve the Architectural deadlines set forth in Exhibit D or Exhibit J (such as, but not limited to, the deadline for delivery of Space Plans or Working Drawings pursuant to Section 2.5 above on (whether preliminary, interim revisions or before Tenant’s Approval Deadline; fInal), (b) because of any failure of change by Tenant to timely approve the Engineering Space Plans or Working Drawings for any reason other than their failure after that date which is ten (10) days prior to satisfy the Engineering Requirements; date bid packages have been delivered to prospective contractors pursuant to Exhibit D or Exhibit J (including without limitation change orders), (c) any failure rejection in the approval of plans and specifIcations prepared by or on behalf of Tenant by any governmental entity due solely to timely approve any other matter requiring Tenant’s approval; the fact that such plans do not comply with law, (d) any breach by Tenant of this Suite 275 Expansion Work Letter Tenant's request or this Agreement; (e) any request by Tenant inclusion in the applicable plans 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 customary for a typical office 5 user that combines office, data center and computer laboratory uses, and/or (e) because of any specification or requirement by Tenant of "long-lead" materials or equipment; provided, however, in such case (i) Landlord shall reasonably notify Tenant, in detail, of such "long-lead" item, (ii) Tenant shall have five (5) business days to elect to (A) omit such "long-lead" items, (B) substitute such items for another item(s) that do not constitute 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"long-lead" item, shell or core of the Premises or Building required by the Approved Construction Drawings; or (hC) any other act or omission of retain such "long-lead" item (provided that if Tenant or any of its agentsfails to timely specify whether it will retain such "long-lead" item, 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 will be deemed to be Substantially Completed on have elected to retain the date on which same). Only ifTenant elects (or is deemed to have elected) (C) shall the delay arising from such "long-lead" item constitute Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurredDelay. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence4.

Tenant Delay. A “Tenant Delay” shall use its best efforts mean any actual delay in the substantial completion of Landlord’s Work resulting from: (1) Tenant’s failure to cooperate comply with Landlordany of the delivery dates or approval dates relative to the design, the Architectplanning, the Contractorpricing, and selection of finishes for Landlord’s other consultants Work, (2) Tenant’s failure to complete all phases provide 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), (3) Tenant’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 Premises, or work being performed by Tenant in the Premises, while Landlord is performing Landlord’s Work (provided, however, that with respect to this clause (5) only, no event shall be deemed to be a Tenant Delay unless and until Landlord has given Tenant written notice (the “Tenant Delay Notice”) advising Tenant: (x) that a Tenant Delay is occurring, and (y) of the Plans and obtain actions that Tenant must take to eliminate the Permits as soon as possibleTenant Delay, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, thereafter fails to discuss correct the parties’ progress. Without limiting the foregoing, if the Substantial Completion Tenant Delay within two (2) Business Days after receipt of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of (a) any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadline; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approval; (d) any breach by Tenant of this Suite 275 Expansion Work Letter or this Agreement; (e) any request by Tenant for a revision toDelay Notice), 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 (h6) any other act or omission of Tenant or any of its failure to act by Tenant, Tenant’s employees, agents, employees architects, engineers, contractors, consultants and/or any other person performing or representativesrequired to perform services on behalf of Tenant. Notwithstanding anything contained herein or elsewhere in this Lease to the contrary, thenif there is any increase in the cost 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, notwithstanding any contrary provision then (a) Tenant shall be responsible for the increase in the cost of this AgreementLandlord’s Work, and regardless of when (b) the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work Commencement Date shall be deemed to be Substantially Completed on the date on which the Tenant Improvement Landlord’s Work would have been Substantially Completed if no such Complete but for the Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceby Landlord.

Tenant Delay. Tenant shall use its best efforts to cooperate with LandlordThe phrase, 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 Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”” shall be defined as any delay in the performance of Landlord’s Work actually caused by (i) as a result of Tenant’s failure to complete Tenant’s Plans where such failure delays Landlord’s ability to commence Landlord’s Work by February 28, 2022, (aii) any failure of changes to any Tenant to approve plans, including the Architectural Drawings pursuant to Section 2.5 above on Final Plans, made by Tenant, or before any Tenant’s Approval Deadline; Change (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 hereinafter defined in Section 3.8), or this Agreement; (e) any request by Tenant to postpone or change a component of Landlord’s Work, in any case for which Landlord identifies a revision tospecified period of delay in Landlord’s ability to meet milestone dates in the Approved Construction Schedule, specifically including the stated Turnover Date, at the time of its approval and for which Tenant does not withdraw such change in any plans, or for any Tenant’s Change pursuant to Section 3.8, or requested postponement to avoid delay, (iii) the delay of Tenant or its architects and engineers in providing or supplying information reasonably required by Landlord or its general contractor or the Town of Burlington by the dates stipulated in the Approved Construction Schedule, or in any other instance if no time period is specified, then within three (3) business days after request therefor, (iv) 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 approval of a revision to, any portion contractors) to comply with the agreed upon timetables for coordination of the Plans that has previously been approved by both parties (except to the extent that such delay results from a failure parties’ respective components of Landlord to perform its obligations under Section 2.7 or 3.2.2 above); (f) any requirement of Tenant for materialswork, 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; Schedule or established at on-site or virtual progress meetings between Landlord’s representative and Tenant’s representative, each acting reasonably and in good faith, (v) any failure to comply with this Article 3, including failure by Tenant’s general contractor, architects and engineers to sign the cooperation agreement required under Section 3.5 below, or (hvi) any other act or omission material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees employees, architects, engineers or representativescontractors that materially affects Landlord’s ability to commence and complete Landlord’s Work by the dates for commencement and completion of the Building core and shell work stipulated in Section 1.1 or the Approved Construction Schedule (if different), then, notwithstanding any contrary provision (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Agreement, and regardless of Lease or (viii) Tenant’s delay in funding the Escrow Account when the due under Section 3.8. No Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work Delay shall be deemed to be Substantially Completed on have occurred under this Section 3.4 unless Landlord provides Tenant’s construction representative with a notice specifying the failure that constitutes a Tenant Delay within five (5) business days after the date on which Landlord has actual knowledge of the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurredDelay. Notwithstanding the foregoingSuch notice may be given via email to Tenant’s representatives, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.Xxxxxxx Xxxxxx whose email is: xxxxxxx@xxxx.xxx or Xxxxxx Xxxx whose email is: xxxxx@xxxx.xxx. 2892369_8

Tenant Delay. 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 Plans, approve the Construction Pricing Proposal and obtain the Permits permits for the Tenant Improvement Work as soon as possiblepossible 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 substantial completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) as a result of any of the following (and not as a result of a Force Majeure): (a) any failure of Tenant to approve obtain Landlord’s approval of the Architectural Drawings Plans on or before the Plan Approval Deadline and/or any failure of Tenant to deliver the Permits to Landlord pursuant to Section 2.5 2.8 above on or before Tenant’s Approval Permitting Deadline; (b) any Tenant’s 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 or any other matter requiring Tenant’s approval; (dc) any breach by Tenant of this Suite 275 Expansion Work Letter or this Agreementthe Lease; (ed) any change (or Tenant’s request by Tenant for a revision to, or for Landlord’s approval of a revision toany change) in the Approved Architectural Plans, any portion of the Plans that has previously been approved by both parties Approved Engineering Drawings or the Approved Construction Drawings (except to the extent that such delay results from a any failure of Landlord to perform its obligations under Section 2.7 or and/or Section 3.2.2 above); (fe) any Tenant’s 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 substantial completion of the Tenant Improvement Work as set forth in this Agreement; (gf) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (hg) 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 Completedsubstantially completed, the Tenant Improvement Work shall be deemed to be Substantially Completed substantially completed on the date on which the Tenant Improvement Work would have been Substantially Completed substantially completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence.

Tenant Delay. Tenant shall use its best efforts to cooperate with LandlordAs used herein, the Architect, the Contractor, and Landlord’s other consultants term “Tenant Delay” shall mean any delays 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 Improvement Landlord’s Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”) arising as a result of any of the following (collectively, “Tenant Delays”): (a) any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadlinefailure to 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, within the applicable time period(s) provided in the Lease or this Work Letter; (b) any failure of Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering RequirementsChange Orders; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s approvalfailure to comply with, or interference with, Landlord’s Contractor’s schedule; (d) any breach by the acts or omissions of Tenant, or the Tenant of Parties (including, without limitation, failure to comply with its obligations under the Lease and this Suite 275 Expansion Work Letter within the time periods set forth herein, and failure to make any monetary deposit (or this Agreementincrease in the Letter of Credit) within the time required hereunder for such deposit); (e) any request by Tenant for a revision to, the performance of Tenant’s Work (or for installation of cabling or furniture pursuant to the Lease) while 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)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 Tenant the City of Mountain View or from any change thereto requested by Tenant, or to otherwise act within the time provided for materialsherein for such consent, componentsapproval, finishes response or improvements that are not available in a commercially reasonable action, or, if no such time given the anticipated date is provided for herein, within two (2) Business Days after receipt of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; Landlord’s request, or (g) any change construction of the Sky Bridge, to the baseextent Landlord has used commercially reasonable, shell good faith efforts to avoid such delay in Landlord’s Work related to the Sky Bridge. Any period of Tenant Delay shall begin on (i) the date specified in Landlord’s written request for consent or core 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 the Premises or Building required by the Approved Construction Drawings; Business Days inserted, or (hii) as to any other act or omission of Tenant or any of its agentsDelay not covered by request specified in clause (i), 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 Landlord gives Tenant Improvement Work would have been Substantially Completed if no such written notice that a Tenant Delay had occurred. Notwithstanding has occurred (which notice must contain the foregoingcaption “NOTICE OF TENANT DELAY” in bold face, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentence12-point type).

Tenant Delay. If (A) a delay shall occur in the completion of the Landlord Work as the result of (i) Tenant failing to send notice to Landlord approving the Final Plans (as defined in Section 2.4 below) on or prior to January 31, 1992, which approval shall use its best efforts not be unreasonably withheld provided that the Final Plans substantially conform 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 possibleSpecifications, and provided further that if Landlord does not deliver the Final Plans to Tenant for its approval on or prior to January 15, 1992, then the January 31, 1992 deadline shall meet with Landlordbe extended by the number of days equal to the number of days elapsed between January 15, in accordance 1992 and the date Landlord delivers the Final Plans to Tenant for its review and approval, (ii) any direction by Tenant that Landlord hold up proceeding with a schedule determined segment of Landlord Work preliminary to a possible change therein by LandlordTenant or for any other reason, (iii) a failure by Tenant to discuss the parties’ progress. Without limiting the foregoingexecute this Lease on or before August 20, if the Substantial Completion of the Tenant Improvement Work is delayed 1991, (for purposes of this Exhibit B, iv) a “Tenant Delay”) as a result of (a) any failure of by Tenant to approve the Architectural Drawings pursuant to Section 2.5 above plans and specifications for the Landlord Work annexed hereto on or before Tenant’s Approval Deadline; August 20, 1991, (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; (giv) any change by Tenant in any plan; specification or finish information to the basebe furnished by Tenant, shell or core of the Premises or Building required if any, (v) any delay caused solely by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of Tenant, its agents, employees or representativescontractors, then(vi) the fact that a change requested by Tenant to Landlord Work requires lead time to obtain or construction time to perform, notwithstanding in excess of that required for Landlord's standard work with reasonable diligence in obtaining and performing the same on the part of Landlord ("Long Lead Items"), or (vii) if work is to be done by 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 Article 2 of the Lease for each day of such delay, provided, however, that Tenant shall have five (5) Business Days after written notice from Landlord to cure any contrary provision 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 Agreement, Section shall be determined in the following manner: Landlord shall give written notice to Tenant of the estimated length of the delay involved within a reasonable time after the information necessary to estimate such delay is available (which written notice shall include the reasons for Landlord's estimate) and regardless the extent of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work such delay shall be deemed to be Substantially Completed on as so estimated unless, within five (5) Business Days after the date on giving of such written notice, Tenant shall notify the party from which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurredwritten notice originates of any disagreement therewith (including Tenant's reasons therefor). Notwithstanding anything to the foregoingcontrary 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 send notice to Landlord approving said Final Plans, which approval shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceunreasonably withheld.

Tenant Delay. Tenant shall use its best efforts to cooperate with LandlordThe phrase, 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 Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”, shall be defined as any delay in the completion of Landlord’s Work actually caused by (i) as 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 result 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, (aii) any changes to any plans, including the Final Plans, made by Tenant, or any Work Change Order requested by Xxxxxx, in any case for which Xxxxxxxx identifies a specified period of delay at the time of its approval and for which Tenant does not withdraw such change to avoid delay, (iii) any 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 Article 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 Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on parties’ respective components of work, as established at on-site or before virtual progress meetings between Landlord’s representative and Tenant’s Approval Deadline; representative, each acting reasonably and in good faith, (bvi) any failure to comply with this Article 3 or any material interference with the performance 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 TenantXxxxxxxx’s approval; (d) any breach Work 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 employees, architects, engineers or representativescontractors, then, notwithstanding any contrary provision of this Agreement, or (vii) Tenant’s delay in paying a Work Change Order when due or in delivering the Security and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall be deemed Restoration Deposit required pursuant to be Substantially Completed on the date on which the Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceSection 4.4.

Tenant Delay. As used herein, "Tenant shall use Delay" means any actual delay ------------ in the completion of the Improvements resulting from any or all of the following: (1) Tenant's failure to timely perform any of its best efforts obligations pursuant to cooperate with Landlordthis Work Letter, including Tenant's Architect's failure to timely process the Architect, building permit for the ContractorTenant Improvements, and Landlord’s other consultants any failure to complete all phases complete, on or before the due date therefor, any action item which is Tenant's responsibility pursuant to this Work Letter, including Tenant's failure to prepare and to provide to Landlord a draft of the Final Tenant Plans and obtain the Permits as soon as possible, and Tenant shall meet with Landlord, in accordance with a schedule determined by Landlordthe Project Schedule, subject only to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work "Force Majeure Delay," as that term is delayed (for purposes defined in Section 20 of this Exhibit BWork Letter, a “Tenant Delay”) below, resulting from either "Acts of God" or "Governmental Permitting Failures," as a result those terms are defined in Section 20 of (a) any failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before Tenant’s Approval Deadlinethis Work Letter, below; (b2) any Tenant's request for materials, finishes, or installations which at the time of such request are not readily available; (3) Change Order Delays; (4) Tenant's failure of Tenant to timely approve the Engineering Drawings for or disapprove 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's approval hereunder, unless such matter is thereby deemed approved in accordance with the terms of this Work Letter; (d5) the failure of any breach of Tenant's millwork, furniture, cabling, equipment or carpeting to be available at the Building to be installed by Contractor or by Tenant of this Suite 275 Expansion Work Letter or this Agreement; Tenant's contractors when required in order to not (ei) any request by Tenant for a revision to, or for Landlord’s approval of a revision to, any portion delay the critical path construction schedule of the Plans that has previously been approved by both parties Improvements or (except to ii) prevent or delay 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 receipt of the Tenant Improvement Work as set forth required inspection sign-offs or the C of O in this Agreement; (g) any change to connection with the base, shell or core of the Premises or Building required by the Approved Construction DrawingsImprovements; or (h6) any other act or omission of Tenant or any of its by Tenant, Tenant's Representative, Tenant's Architect, Tenant's employees, agents, employees independent contractors, consultants and/or any other person performing 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. Notwithstanding the foregoing, Landlord shall not be required to tender possession perform services on behalf of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceTenant.

Tenant Delay. Tenant Landlord shall use its best efforts endeavor (but shall not be obligated) to cooperate with Landlordtender 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 ArchitectLease shall not be void or voidable, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom and the Contractor, and Landlord’s other consultants to complete all phases of the Plans and obtain the Permits as soon as possible, and Tenant applicable Commencement Date shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the not occur until Substantial Completion of the 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 Improvement Delay (as defined below), then, subject to the terms hereof, Substantial Completion of the Phase I Work is delayed or the Phase II Work, as applicable, shall be deemed to occur when (for purposes as reasonably determined and substantiated by Landlord) Substantial Completion of this Exhibit Bthe Phase I Work or the Phase II Work, a as applicable, would have occurred if such Tenant Delay had not occurred. “Tenant Delay”” shall mean: (1) as a result of (a) any delays or failure of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on or before deliver items in accordance with this Work Letter; (2) 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 fulfill 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 AgreementWork Letter within the time periods set forth therein; (g3) delays caused by Base Building Tenant 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 change subcontractors or suppliers fail to the base, shell timely order such items); (5) a willful or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other negligent act or omission of Tenant or Tenant’s consultants, vendors, contractors, subcontractors, or agents that interferes with the progress of the work; or (6) any of its agentsother event or circumstance expressly described as a Tenant Delay in this Work Letter. Landlord shall not assess any day towards a Xxxxxx Xxxxx for delays caused by Landlord, employees any architect, engineering consultant, design team, general contractor, subcontractor or representativesvendor selected by Landlord or any third parties or due to Force Majeure. Notwithstanding anything above to the contrary, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work (i) no delay shall be deemed to be Substantially Completed on the date on which the considered a Tenant Improvement Work would have been Substantially Completed if no Delay unless Landlord provides Tenant written notice of such Tenant Delay had occurred. Notwithstanding within ten (10) days of the foregoingdate that Landlord becomes aware of the occurrence of a Tenant Delay, Landlord and Tenant fails to cure such delay within three (3) days; provided that no such notice and cure period shall not be required if such delay is with respect to tender possession interference with the Landlord’s construction activities and Landlord has previously notified Tenant of similar Tenant Delays, and (ii) no delay shall be considered a Tenant Delay in the event Substantial Completion of the Suite 275 Expansion Space 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 before the Delay (“Tenant Improvement Work has been Substantially CompletedDelay Costs”), as determined without giving effect shall be paid by Tenant within thirty (30) days following Xxxxxx’s receipt of an invoice therefor, which invoice shall include reasonable back-up documentation with respect to the preceding sentencesuch Tenant Delay Costs.

Tenant Delay. For the purpose of this Lease, "Tenant shall use its best efforts Delay" means delay in the substantial completion ofthe Building(s) or the work to cooperate with Landlord, be performed by or on behalf of Landlord (including without limitation the Architect, the Contractor, and Landlord’s other consultants to complete all phases completion of the Plans and obtain Building 1 Tenant Improvements or the Permits as soon as possible, and Building 2 Tenant shall meet with Landlord, in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit B, a “Tenant Delay”Improvements) as a result of that occurs solely (a) because Tenant fails to meet any failure of Tenant to approve the Architectural deadlines set forth in Exhibit D or Exhibit J (such as, but not limited to, the deadline for delivery of Space Plans or Working Drawings pursuant to Section 2.5 above on (whether preliminary, interim revisions or before Tenant’s Approval Deadline; fInal), (b) because of any failure of change by Tenant to timely approve the Engineering Space Plans or Working Drawings for any reason other than their failure after that date which is ten (10) days prior to satisfy the Engineering Requirements; date bid packages have been delivered to prospective contractors pursuant to Exhibit D or Exhibit J (including without limitation change orders), (c) any failure rejection in the approval of plans and specifIcations prepared by or on behalf of Tenant by any governmental entity due solely to timely approve any other matter requiring Tenant’s approval; the fact that such plans do not comply with law, (d) any breach by Tenant of this Suite 275 Expansion Work Letter Tenant's request or this Agreement; (e) any request by Tenant inclusion in the applicable plans 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 customary for a typical office user that combines office, data center and computer laboratory uses, and/or (e) because of any specification or requirement by Tenant of "long-lead" materials or equipment; provided, however, in such case (i) Landlord shall reasonably notify Tenant, in detail, of such "long-lead" item, (ii) Tenant shall have five (5) business days to elect to (A) omit such "long-lead" items, (B) substitute such items for another item(s) that do not constitute 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"long-lead" item, shell or core of the Premises or Building required by the Approved Construction Drawings; or (hC) any other act or omission of retain such "long-lead" item (provided that if Tenant or any of its agentsfails to timely specify whether it will retain such "long-lead" item, 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 will be deemed to be Substantially Completed on have elected to retain the date on which same). Only ifTenant elects (or is deemed to have elected) (C) shall the delay arising from such "long-lead" item constitute Tenant Improvement Work would have been Substantially Completed if no such Tenant Delay had occurred. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceDelay.

Tenant Delay. A “Tenant Delay” shall use its best efforts be deemed to cooperate with Landlordinclude, without limitation, any delay in the Architectcommencement, the Contractorperformance, 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 Expansion Premises or final completion of the Tenant Improvement Work Expansion Improvements which is delayed attributable to any one or more of the following causes: (for purposes 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, Tenant’s Architect or Tenant’s contractors, (h) any breach by Tenant of any provision contained in this Exhibit or in the Lease, (i) any disruption or interference by Tenant in the performance of the Tenant Expansion Improvements occurring in the course of any entry into the Expansion Premises pursuant to Section 3.02 of this Exhibit “B”, (j) any failure by Tenant to construct and install any Tenant Expansion Work, or to perform any other installations of furniture, fixtures and equipment in the Expansion Premises properly and in accordance with applicable Laws which results in a “Tenant Delay”) as a result governmental authority denying the issuance of an Occupancy Permit for the Expansion Premises, and/or (ak) any failure of Tenant to approve cooperate with Landlord or otherwise act with diligence and in good faith in order to cause the Architectural Drawings pursuant Tenant Expansion Improvements 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 tobe designed, 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 and constructed in a commercially reasonable time given the anticipated date of Substantial Completion of the Tenant Improvement Work as set forth in this Agreement; (g) any change to the base, shell or core of the Premises or Building required by the Approved Construction Drawings; or (h) any other act or omission of Tenant or any of its agents, employees or representatives, then, notwithstanding any contrary provision of this Agreement, and regardless of when the Tenant Improvement Work is actually Substantially Completed, the Tenant Improvement Work shall 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 occurredtimely manner. Notwithstanding the foregoing, Landlord a Tenant Delay shall not be required have deemed to tender possession have occurred to the extent a delay in the commencement, performance, Substantial Completion of the Suite 275 Expansion Space to Tenant before Premises or final completion of the Tenant Improvement Work has been Substantially CompletedExpansion Improvements is the result of the negligence of any party other than Tenant, as determined without giving effect to the preceding sentenceor Tenant’s employees, agents or contractors. EXHIBIT C CONFIRMATION OF LEASE TERM THIS CONFIRMATION OF LEASE TERM is made this day of , 20 , by and between PRINCETON SOUTH INVESTORS, LLC, a Delaware limited liability company (“Landlord”) and ANTARES PHARMA, INC., a Delaware corporation (“Tenant”).

Tenant Delay. The term “Tenant Delay” as used in the Lease or this Work Letter 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, mean any delay in accordance with a schedule determined by Landlord, to discuss the parties’ progress. Without limiting the foregoing, if the Substantial Completion of the Tenant Improvement Work is delayed (for purposes of this Exhibit Bas defined in Paragraph 2(c) below) in accordance with the timelines provided in the Construction Schedule attached hereto as Schedule “F-5”, a “Tenant Delay”) as a result of the same may be adjusted by Change Order, to the extent due to (a) any failure material interference by Lessee with the work of Tenant to approve the Architectural Drawings pursuant to Section 2.5 above on General Contractor or before Tenantits subcontractors during Lessee’s Approval DeadlineEarly Entry; (b) any failure a written Change Order (as defined below) requested by Lessee, but only to the extent of the Tenant to timely approve the Engineering Drawings for any reason other than their failure to satisfy the Engineering RequirementsDelay specified in such Change Order; (c) any failure of Tenant to timely approve Delay specified in this Work Letter or in the Lease, including, without limitation, any other matter requiring Tenant’s approvalTenant Delay agreed upon in writing following the First Meeting (defined above) or determined by the Design Arbitrator as set forth above; (d) the inclusion of any breach by so-called “long lead” materials in the improvements (such as fabrics, paneling, carpeting or other items that are not readily available within industry standard lead times [e.g., custom made items that require time to procure beyond that customarily required for standard items, or items that are currently out of stock and will require extra time to back order] and for which suitable substitutes exist); provided, however, that if any such “long lead” item is not specified in the Schedules attached to 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 this Suite 275 Expansion Work Letter or this Agreementtime to approve the inclusion of the item prior to the time at which it would delay Substantial Completion of the Work; (e) any request Lessee’s failure to provide, within a reasonable period of time, information requested by Tenant Lessor that is reasonably necessary 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 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 yet funded and any delay from such a work stoppage will be a Tenant Improvement Work as set forth in this Agreement; (g) any change Delay). Lessee shall be liable for, and shall pay all costs and expenses incurred by Lessor to the base, shell or core of the Premises or Building required extent caused by the Approved Construction Drawings; or (h) any other act or omission of a 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. Notwithstanding the foregoing, Landlord shall not be required to tender possession of the Suite 275 Expansion Space to Tenant before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to the preceding sentenceDelay.