Common use of Tenant Delay Clause in Contracts

Tenant Delay. The phrase, “Tenant Delay” shall be defined as any delay in the performance of Landlord’s Work actually caused by (i) Tenant’s failure to complete Tenant’s Plans where such failure delays Landlord’s ability to commence Landlord’s Work by February 28, 2022, (ii) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request by Tenant to postpone or change a component of Landlord’s Work, in any case for which Landlord identifies a specified 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 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 contractors) to comply with the agreed upon timetables for coordination of the parties’ respective components of work, as set forth in the Approved Construction 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 (vi) any material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to 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 Landlord has actual knowledge of the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phraseTenant 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 Improvement Work is delayed (a “Tenant Delay” shall be defined ”) as a result of any delay in of the performance following (and not as a result of a Force Majeure): (a) any failure of Tenant to obtain Landlord’s Work actually caused by 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; (ib) Tenant’s failure to complete timely approve the Engineering Drawings or any other matter requiring Tenant’s Plans where such failure delays approval; (c) any breach by Tenant of this Work Letter or the Lease; (d) any change (or Tenant’s request for Landlord’s ability to commence Landlord’s Work by February 28, 2022, (iiapproval of any change) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request by Tenant to postpone or change a component of Landlord’s Work, in any case for which Landlord identifies a specified period of delay in Landlord’s ability to meet milestone dates in the Approved Construction ScheduleArchitectural Plans, specifically including the stated Turnover Date, at the time of its approval and for which Tenant does not withdraw such change in any plans, Approved Engineering Drawings or 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 Drawings (3) business days after request therefor, (iv) except to the extent such delay results from any failure by any contractors employed by Tenant includingof Landlord to perform its obligations under Section 2.7 and/or Section 3.2.2 above); (e) Tenant’s requirement for materials, without limitationcomponents, contractors furnishing telecommunications, data processing finishes or other service or equipment directly to Tenant (and improvements that are not via Landlord’s contractors) to comply with available in a commercially reasonable time given the agreed upon timetables for coordination anticipated date of substantial completion of the parties’ respective components of work, 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 Schedule Drawings; or established at on-site or virtual progress meetings between Landlord’s representative and Tenant’s representative, each acting reasonably and in good faith, (vg) 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, other act or (vi) any material interference with the performance omission of Landlord’s Work by Tenant or any of its agents, employeesemployees or representatives, architectsthen, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 notwithstanding any contrary provision of this Lease or (viii) Tenant’s delay in funding Agreement, and regardless of when the Escrow Account when due under Section 3.8. No Tenant Delay 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 occurred under this Section 3.4 unless Landlord provides Tenant’s construction representative with a notice specifying the failure that constitutes a been substantially completed if no such Tenant Delay within five (5) business days after the date Landlord has actual knowledge of the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇had occurred.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phrase, “Tenant Delay” ”, shall be defined as any delay in the performance completion of any Phase of Landlord’s Work actually caused by (i) Tenant’s failure to complete Tenant’s Plans where special work, upgrades or long lead-time items for which Landlord identifies a specified period of delay, and in either instance Tenant does not withdraw or alter such failure delays Landlord’s ability to commence Landlord’s Work by February 28special work, 2022upgrade, long lead-time item which avoids such delay, (ii) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Work Change Order requested by Tenant’s Change (hereinafter defined in Section 3.8), or any request by Tenant to postpone or change a component of Landlord’s Work, in any case for which Landlord identifies a specified 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 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 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 General Contractor or the Town of Burlington by the dates stipulated in the Approved Construction Schedulethis Lease, 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 contractors) to comply with the agreed upon timetables for coordination of the parties’ respective components of work, as set forth in the Approved Construction Schedule or established at on-site or virtual progress meetings between LandlordL▇▇▇▇▇▇▇’s representative and TenantT▇▇▇▇▇’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, 3 or (vi) any material interference with the performance of LandlordL▇▇▇▇▇▇▇’s Work by Tenant or any of its agents, employees, architects, engineers or contractors contractors, (vi) any permits or approvals required for Tenant to occupy the Premises that materially affects Landlord’s ability to commence and complete Landlord’s Work by delay the dates for commencement and completion issuance of the Building core and shell work stipulated in Section 1.1 a Certificate of Occupancy (Temporary or the Approved Construction Schedule (if different), otherwise) and/or (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to 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 Landlord has actual knowledge of the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇Credit.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phrase, (1) A “Tenant Delay” shall be defined as the following: (a) Tenant’s failure timely to respond to any delay in the performance of request from Landlord, Landlord’s architect, Landlord’s contractor and/or Landlord’s Construction Representative or to timely provide all required Permit Documentation to Landlord within the applicable time periods set forth in this Work actually caused by Agreement; (ib) Tenant’s failure to complete Tenant’s Plans where such failure delays Landlord’s ability pay the Tenant Plan Excess Costs in accordance with Section 1.4 hereinbelow; (c) Any delay due to commence Landlord’s Work by February 28, 2022, (ii) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request by Tenant to postpone or change a component items of Landlord’s Work, in any case work for which there is long lead time in obtaining the materials therefor or which are specially or specifically manufactured, produced or milled FINAL for the work in or to the Expansion Premises 1 and require additional time for receipt or installation; provided Landlord identifies notified Tenant of the same constituting a specified 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 long-lead item and for which Tenant does did not withdraw such change in any plans, or 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 substitute another non long-lead item within three (3) business days after request thereforof Landlord’s notice (Landlord acknowledges that the plan attached as part of Exhibit B-2 does not include any long-lead items); (d) Any delay due to changes, (iv) any failure by any contractors employed alterations or additions required or made by Tenant with respect to items not shown on the Plans including, without limitation, contractors Change Orders; or (e) Any other delays caused by Tenant, Tenant’s contractors, architects, engineers, or anyone else engaged by Tenant in connection with the preparation of the Expansion Premises 1 for Tenant’s occupancy, including, without limitation, utility companies and other entities furnishing telecommunicationscommunications, 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 workservice, as set forth in the Approved Construction 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 belowequipment, or (vi) any material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to 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 Landlord has actual knowledge of the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇furniture.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phrase, “Tenant Delay” ”, shall be defined as any delay in the performance completion of Landlord’s Work actually caused by (i) Tenant’s failure to complete Tenant’s Plans where special work, upgrades or long lead-time items for which Landlord identifies in writing (it being agreed such failure delays Landlord’s ability to commence Landlord’s writing may be in the form of an e-mail), promptly upon submission of a Work by February 28Change Order, 2022a 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 Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Work Change (hereinafter defined in Section 3.8), or any request Order requested by Tenant to postpone or change a component of Landlord’s Work▇▇▇▇▇▇, in any case for which Landlord ▇▇▇▇▇▇▇▇ identifies a specified 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 any Tenant’s Change pursuant to Section 3.8, or requested postponement 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 providing 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 Burlington Bedford by the dates stipulated in the Approved Construction Schedulethis Article 3, or in any other instance if no time period is specified, then within three five (35) business days after request therefor, (ivv) 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 set forth in the Approved Construction 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, (vvi) 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, 3 or (vi) any material interference with the performance of Landlord▇▇▇▇▇▇▇▇’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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 contractors, or the Approved Construction Schedule (if different), (vii) Tenant’s delay in paying a Work Change Order when due or in delivering the Original Letter of Credit Security and Restoration Deposit required under pursuant to Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to 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 Landlord has actual knowledge of the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇4.4.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phrase, “If Landlord is actually delayed in completing the Improvements as a result of (a) Any Changes requested by Tenant Delay” shall be defined as any (to the extent the delay is set forth in an executed Change Order), (b) Any Changes to the performance of Landlord’s Work actually caused required by unusual specialized requirements in the TI Construction Documents, other than changes to the Landlord’s Work relating to compliance with applicable laws obligations that are solely Landlord’s responsibility, pursuant to the express terms of this Work Letter, (ic) A Tenant Delay as set forth in Section 2.7(g) of this Work Letter or Tenant's failure to otherwise comply with the time deadlines expressly set forth in this Work Letter, (d) Tenant’s failure to complete timely approve any matter requiring Tenant’s Plans where approval (provided, however, that Tenant’s failure to timely approve such failure delays matter will not be deemed a Tenant Delay if Tenant disapproved such matter because Tenant determined that the items submitted to Tenant were deficient [for example, if the proposed Construction Documents did not reflect a logical extension of the approved Schematics]), (e) Tenant’s rejections of Landlord’s ability to commence Landlordsubmissions without reasonable basis or unreasonable requests by Tenant for clarifications or revisions in such submissions, (f) hindrance or disruption of the Contractors’ work resulting from the performance of the Tenant’s Work by February 28Work, 2022, if any, (iig) any changes to any Tenant plans, including the Final Plans, made by Any other acts or omissions of Tenant, or any its agents, or employees which actually delays the Substantial Completion, (h) Landlord requests Tenant’s Change approval for any matter specified in this Work Letter (hereinafter defined in Section 3.8), or any request by Tenant to postpone or change a component of Landlord’s Work, in any case for which Landlord identifies a specified 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 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 telecommunicationsapproval of: design professionals pursuant to Section 2.2; the Pre-Construction Cost Estimate pursuant to Section 2.4; the Schematics pursuant to Section 2.7(a); the Construction Document Packages pursuant to Section 2.7(b); and the Contractors and the Cost Estimate pursuant to Section 3.2) and: (i) Tenant does approve such matter or respond with a reasonable basis for disapproval within the applicable time period set forth in this Work Letter or (ii) if Tenant has timely responded to such request with a reasonable basis for disapproval, data processing then, if Landlord submits a Subsequent Request that addresses Tenant’s original reasonable basis for disapproval, Tenant does not approve such Subsequent Request within five (5) business days after such Subsequent Request, (i) delay or hindrance in obtaining any occupancy certificates or other service permits for the Improvements as a result of Tenant’s Work, (j) Tenant’s failure to timely make a deposit into the TI Account, failure to timely make a payment of Tenant’s Contribution, or equipment directly other failure to pay when due all amounts payable by Tenant pursuant to this Work Letter, (and not via Landlordk) Tenant’s contractors) to comply with the agreed upon timetables for coordination material breach of the parties’ respective components Lease, including without limitation its obligations under this Work Letter, (l) Tenant’s requirement for materials, components, finishes or improvements which are not available in a commercially reasonable time given the anticipated date of workSubstantial Completion of the Tenant Improvements, as set forth in the Approved Construction Progress Schedule in the amount of time specified by Landlord at the time it approves the same, or (m) any other circumstance which is deemed or established at on-site stated herein or virtual progress meetings between Landlord’s representative in the Lease to constitute a Tenant Delay hereunder; then any such delay under the foregoing clauses shall be a “Tenant Delay” to the extent that Landlord is actually delayed in Substantial Completion beyond the Estimated Date of Substantial Completion as a result of such action of Tenant. If a Tenant Delay occurs, then Term Commencement shall be deemed to be the date that Substantial Completion of the Improvements and delivery of the Premises to Tenant in the required condition would have occurred but for the Tenant Delay (such date will be reasonably determined by Landlord in consultation with the Architect and the General Contractor). Notwithstanding the foregoing, except with respect to a Tenant Delay due to Tenant’s representative, each acting reasonably and in good faith, (v) any failure to comply with time deadlines expressly set forth in this Article 3Work Letter or a circumstance which is deemed to constitute a Tenant Delay hereunder, including failure by Tenant’s general contractor, architects and engineers to sign the cooperation agreement required under Section 3.5 below, or (vi) any material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No no Tenant Delay shall be deemed to have occurred under this Section 3.4 unless and until Landlord provides Tenant’s construction representative with a has delivered notice specifying of the failure event or circumstance that constitutes Landlord determines is a Tenant Delay and Tenant has failed to cure such event or circumstance within one (1) business day following the date of delivery of such notice; provided, however, Landlord shall have no obligation to give notice of a Tenant Delay as a condition to the occurrence thereof in the event such Tenant Delay arises from Tenant’s failure to take a specified action within a time period expressly required by the terms of this Work Letter. Promptly after a Tenant Delay in accordance with the foregoing occurs, Landlord shall deliver to Tenant a revised Progress Schedule reflecting the Tenant Delay and the new Estimated Date of Substantial Completion. Furthermore, if Tenant fails to make any payment due in this Work Letter within the period required by this Work Letter (a "“Contribution Failure”), then (in addition to any other remedies available to Landlord in this Work Letter or elsewhere in the Lease) (x) Landlord may, after five (5) business days’ prior written notice to Tenant, stop construction (including any pre-construction work) of the Improvements until such payment is made by Tenant or, if applicable, the TI Account is funded by Tenant in accordance with this Work Letter and any resulting stoppage shall be a Tenant Delay to the extent that Landlord is actually delayed in Substantial Completion beyond the Estimated Date of Substantial Completion as a result thereof, (y) Tenant's failure on the first or second occasion to timely make such payment where such failure shall continue for a period of five (5) days after notice from Landlord of such delinquency shall be an event of default under the date Lease and (z) Tenant's failure on a third occasion to timely make such payment shall be an event of default under the Lease. If Landlord has actual knowledge of stops construction due to a Contribution Failure, Tenant shall be responsible for all costs in connection with remobilizing the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇Contractors and recommencing construction.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phrase, A “Tenant Delay” shall be defined as deemed to include, without limitation, any delay in the performance commencement, performance, Substantial Completion of Landlord’s Work actually caused 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; (ib) 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 complete timely approve any item requiring Tenant’s Plans where such failure approval; (e) delays Landlordby Tenant in meeting the deadlines set forth herein; (f) the performance by Tenant or Tenant’s ability to commence Landlordcontractors 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 Work by February 28, 2022Architect or Tenant’s contractors, (iih) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request breach by Tenant to postpone of any provision contained in this Exhibit or change a component of Landlord’s Work, in any case for which Landlord identifies a specified period of delay in Landlord’s ability to meet milestone dates in the Approved Construction ScheduleLease, specifically including (i) any disruption or interference by Tenant in the stated Turnover Date, at performance of the time Tenant Expansion Improvements occurring in the course of its approval and for which Tenant does not withdraw such change in any plans, or any Tenant’s Change entry into the Expansion Premises pursuant to Section 3.8, or requested postponement to avoid delay3.02 of this Exhibit “B”, (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, (ivj) any failure by Tenant to construct and install any contractors employed by Tenant includingExpansion Work, without limitationor to perform any other installations of furniture, contractors furnishing telecommunications, data processing or other service or fixtures and 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 set forth in the Approved Construction Schedule Expansion Premises properly and in accordance with applicable Laws which results in a governmental authority denying the issuance of an Occupancy Permit for the Expansion Premises, and/or (k) any failure of Tenant to cooperate with Landlord or established at on-site or virtual progress meetings between Landlord’s representative and Tenant’s representative, each acting reasonably otherwise act with diligence and in good faithfaith in order to cause the Tenant Expansion Improvements to be designed, (v) any failure to comply with this Article 3approved and constructed in a timely manner. Notwithstanding the foregoing, including failure by Tenant’s general contractor, architects and engineers to sign the cooperation agreement required under Section 3.5 below, or (vi) any material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No a Tenant Delay shall be not have deemed to have occurred under this Section 3.4 unless Landlord provides Tenant’s construction representative with to the extent a notice specifying delay in the failure that constitutes a Tenant Delay within five (5) business days after commencement, performance, Substantial Completion of the date Landlord has actual knowledge Expansion Premises or final completion of the Tenant Delay. Such notice may be given via email to Expansion Improvements is the result of the negligence of any party other than Tenant, or Tenant’s representativesemployees, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇agents or contractors. 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.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇, a Delaware corporation (“Tenant”).▇▇▇. 2892369_8

Tenant Delay. The phrase, “Tenant Delay” If (A) a delay shall be defined as any delay occur in the performance completion of Landlord’s the Landlord Work actually caused by as the result of (i) Tenant’s failure Tenant failing to complete Tenant’s send notice to Landlord approving the Final Plans where such failure delays Landlord’s ability (as defined in Section 2.4 below) on or prior to commence Landlord’s Work January 31, 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 prior to January 15, 1992, then the January 31, 1992 deadline shall be extended by February 28the number of days equal to the number of days elapsed between January 15, 20221992 and the date Landlord delivers the Final Plans to Tenant for its review and approval, (ii) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request direction by Tenant that Landlord hold up proceeding with a segment of Landlord Work preliminary to postpone a possible change therein by Tenant or change a component of Landlord’s Work, in for any case for which Landlord identifies a specified 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 any Tenant’s Change pursuant to Section 3.8, or requested postponement to avoid delayother reason, (iii) a failure by Tenant to execute this Lease on or before August 20, 1991, (iv) a failure by Tenant to approve the delay of Tenant plans and specifications for the Landlord Work annexed hereto on 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 Schedulebefore August 20, or in any other instance if no time period is specified, then within three (3) business days after request therefor1991, (iv) any failure by any contractors employed change by Tenant includingin any plan; specification or finish information to be furnished by Tenant, 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 set forth in the Approved Construction Schedule or established at on-site or virtual progress meetings between Landlord’s representative and Tenant’s representative, each acting reasonably and in good faithif any, (v) any failure delay caused solely by any other act or omission of Tenant, its agents, employees or contractors, (vi) the fact that a change requested by Tenant to comply Landlord Work requires lead time to obtain or construction time to perform, in excess of that required for Landlord's standard work with this Article 3, including failure by Tenant’s general contractor, architects reasonable diligence in obtaining and engineers to sign performing the cooperation agreement required under Section 3.5 belowsame on the part of Landlord ("Long Lead Items"), or (vivii) any material interference with 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 performance Commencement Date (as same may be extended pursuant to Section 2.1 above) shall (even though no Certificate of Landlord’s Occupancy has been issued or Landlord Work by Tenant or any has not been completed) be deemed, but only for the purpose of its agentsdetermining the commencement of fixed annual rent, employees, architects, engineers or contractors that materially affects Landlord’s ability to commence and complete Landlord’s Work by the dates be one day earlier than provided for commencement and completion in Article 2 of the Building core and shell work stipulated 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 act or omission referred to in Section 1.1 or clause (iii) above before the Approved Construction Schedule provisions of subdivision (if different), B) shall become effective. The extent of any delay referred to in Clause (viiA) Tenant’s delay in delivering of the Original Letter of Credit required under Section 4.4 first paragraph of this Lease or 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 (viiiwhich written notice shall include the reasons for Landlord's estimate) Tenant’s and the extent of such delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to 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 be as so estimated unless, within five (5) business days Business Days after the date giving of such written notice, Tenant shall notify the party from which the written notice originates of any disagreement therewith (including Tenant's reasons therefor). Notwithstanding anything to the contrary contained in this Section 2.2, if Landlord has actual knowledge of submits the Final Plans earlier than January 15, 1992, then Tenant Delay. Such shall have two (2) weeks to send notice may to Landlord approving said Final Plans, which approval shall not be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇unreasonably withheld.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phraseFor the purpose of this Lease, “"Tenant Delay” shall be defined as any " means delay in the performance substantial completion ofthe Building(s) or the work to be performed by or on behalf of Landlord’s Work actually caused Landlord (including without limitation the completion of the Building 1 Tenant Improvements or the Building 2 Tenant Improvements) that occurs solely (a) because Tenant fails to meet any of the deadlines set forth in Exhibit D or Exhibit J (such as, but not limited to, the deadline for delivery of Space Plans or Working Drawings (whether preliminary, interim revisions or fInal), (b) because of any change by Tenant to the Space Plans or Working Drawings after that date which is ten (10) days prior to the date bid packages have been delivered to prospective contractors pursuant to Exhibit D or Exhibit J (including without limitation change orders), (c) any rejection in the approval of plans and specifIcations prepared by or on behalf of Tenant by any governmental entity due solely to the fact that such plans do not comply with law, (d) Tenant's request or inclusion in the applicable plans for improvements that are not 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’s failure to complete Tenant’s Plans where , in detail, of such failure delays Landlord’s ability to commence Landlord’s Work by February 28, 2022"long-lead" item, (ii) any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request by Tenant to postpone or change a component of Landlord’s Work, in any case for which Landlord identifies a specified 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 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 contractors) to comply with the agreed upon timetables for coordination of the parties’ respective components of work, as set forth in the Approved Construction 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 (vi) any material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 of this Lease or (viii) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to 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 to elect to (A) omit such "long-lead" items, (B) substitute such items for another item(s) that do not constitute a "long-lead" item, or (C) retain such "long-lead" item (provided that if Tenant fails to timely specify whether it will retain such "long-lead" item, Tenant will be deemed to have elected to retain the date Landlord has actual knowledge of same). Only ifTenant elects (or is deemed to have elected) (C) shall the delay arising from such "long-lead" item constitute Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phrase, “Tenant Delay” shall be defined as means any delay in the critical path of the schedule for the performance of Landlord’s Work actually to the extent caused by any act or failure to act by Tenant or its Agent in violation of this Exhibit “E”, including, without limitation: (i) Tenant’s the failure to complete any item of Tenant’s Plans where such failure delays Landlord’s ability to commence Work upon which Landlord’s Work by February 28, 2022, is dependent; (iii) Tenant approved TCRs or change orders; any changes to any Tenant plans, including the Final Plans, made by Tenant, or any Tenant’s Change (hereinafter defined in Section 3.8), or any request directive by Tenant to postpone cease work; (iii) specification by Tenant of a finish or change unique specialty item that is unavailable or has a component 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) failure of Tenant or Tenant’s Design Team to respond to the Tenant Improvements General Contractor’s requests for information; failure of Tenant to respond or submit Tenant materials within the time periods set forth on Schedule 2, Schedule 3 or Schedule 4 attached to this Exhibit “E”, which delay has a material adverse effect on the critical path of the 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 contractors, subcontractors, architects or other professionals; (vi) interference by Tenant or it contractors in the progress of the Landlord’s Work, in any case for which Landlord identifies a specified 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 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 contractors) to comply with the agreed upon timetables for coordination of the parties’ respective components of work, as set forth in the Approved Construction 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 (vi) any material interference with the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors 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), and; (vii) Tenant’s delay any other item expressly identified in delivering the Original Letter of Credit required under Section 4.4 of Lease (including this Lease or (viiiExhibit “E”) Tenant’s delay in funding the Escrow Account when due under Section 3.8. No Tenant Delay shall be deemed to have occurred under this Section 3.4 unless Landlord provides Tenant’s construction representative with a notice specifying the failure that constitutes as a Tenant Delay within five (5) business days after the date Landlord has actual knowledge of the Tenant Delay. Such notice may be given via email to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8

Tenant Delay. The phraseTenant 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” shall be defined ”) as a result of (a) any delay in failure of Tenant to approve the performance of Landlord’s Work actually caused by (i) 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 complete satisfy the Engineering Requirements; (c) any failure of Tenant to timely approve any other matter requiring Tenant’s Plans where such failure delays Landlord’s ability to commence Landlord’s Work by February 28, 2022, approval; (iid) any changes to any breach by Tenant plans, including the Final Plans, made by Tenant, of this Suite 275 Expansion Work Letter or any Tenant’s Change this Agreement; (hereinafter defined in Section 3.8), or e) any request by Tenant to postpone for a revision to, or change a component of for Landlord’s Workapproval of a revision to, in any case for which 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 identifies a specified 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 perform its approval and for which Tenant does not withdraw such change in obligations under Section 2.7 or 3.2.2 above); (f) any plans, or any Tenant’s Change pursuant to Section 3.8, or requested postponement to avoid delay, (iii) the delay requirement of Tenant for materials, components, finishes or its architects and engineers improvements that are not available in providing or supplying information reasonably required by Landlord or its general contractor or a commercially reasonable time given the Town anticipated date 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 contractors) to comply with the agreed upon timetables for coordination Substantial Completion of the parties’ respective components of work, 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 Schedule Drawings; or established at on-site or virtual progress meetings between Landlord’s representative and Tenant’s representative, each acting reasonably and in good faith, (vh) 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, other act or (vi) any material interference with the performance omission of Landlord’s Work by Tenant or any of its agents, employeesemployees or representatives, architectsthen, engineers or contractors 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), (vii) Tenant’s delay in delivering the Original Letter of Credit required under Section 4.4 notwithstanding any contrary provision of this Lease or (viii) Tenant’s delay in funding Agreement, and regardless of when the Escrow Account when due under Section 3.8. No Tenant Delay 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 occurred under this Section 3.4 unless Landlord provides Tenant’s construction representative with a notice specifying the failure that constitutes a been Substantially Completed if no such Tenant Delay within five (5) business days after had occurred. Notwithstanding the date foregoing, Landlord has actual knowledge shall not be required to tender possession of the Suite 275 Expansion Space to Tenant Delay. Such notice may be given via email before the Tenant Improvement Work has been Substantially Completed, as determined without giving effect to Tenant’s representatives, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ whose email is: ▇▇▇▇▇▇▇@▇▇▇▇the preceding sentence.▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇ whose email is: ▇▇▇▇▇@▇▇▇▇.▇▇▇. 2892369_8