Landlord Caused Delays. The Expansion Space Commencement Date shall occur as provided in Section 4 of the First Amendment, provided that the Expansion Space Commencement Date shall be extended by the number of days of delay of the Substantial Completion of the Tenant Improvements, as that term is defined in [Section 5.2], below, in the applicable portion of the Expansion Space to the extent # caused by a Landlord Caused Delay, as that term is defined below, and # the subject delay causes the Substantial Completion of the Tenant Improvements to occur after September 1, 2019. As used herein, the term “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to # material and unreasonable interference by Landlord, its agents or other Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements which objectively precludes or delays the construction of Tenant Improvements, which interference relates to access by Tenant, or Tenant’s Agents to the Building or any Common Areas or service (including temporary power) during normal construction hours, or the use thereof during normal construction hours, and # delays due to the acts or failures to act of Landlord with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter).

Defective Final Product Caused by Customer. To the extent that any Defective Final Product is determined to be Defective as a result of # the supply by Customer of any Customer Provided Bulk Materials not conforming with the relevant Bulk Specifications or # after Delivery of such Final Product to Customer as a result of the actions, omissions or breach of Customer, Supplier shall not bear any cost in connection with such Defective Final Products, and Customer shall pay the Price for such Defective Final Product supplied by Supplier..

By All Parties. Each Party represents, warrants and covenants to the other that:

Landlord Delay. A “Landlord Delay” means the length of any actual delay in the permitting, construction or completion of the Landlord’s Work or Tenant Improvements which actually and directly delays Substantial Completion of the Landlord’s Work beyond the Intended Commencement Date or materially delays substantial completion of the Tenant Improvements, which # is not caused by Force Majeure, and # is caused by:

In the event of any suspension or delay # caused or requested in writing by [[Altimmune:Organization]], # caused by a delay in the [[Altimmune:Organization]] provided material, # caused by a delay of materials procured or intended to be procured by Lonza (other than for Lonza negligence), or # caused by a delay in subcontracted Services, ), and upon receiving prompt written notice thereof, [[Altimmune:Organization]] will pay all reasonable costs incurred by LONZA during the suspension or delay, including without limitation, LONZA’s out-of-pocket expenses related to the purchase of unmarketable materials which have become unusable by reason of such suspension or delay, all non-cancellable commitments which incur costs during the suspension or delay, labor charges, suite fees for suites previously reserved that cannot be reallocated, and all work in process including all professional services rendered through the term of suspension or delay. For all other delays outside of the reasonable control of either Party (despite exercising commercially reasonable efforts), the Parties shall share in the costs fifty / fifty incurred as a result of the delay or suspension. Within 30 days of the end of each calendar month during the duration of the suspension or delay, LONZA shall submit an invoice for such costs.

“Force Majeure Delay” means an actual delay caused by a Force Majeure Event.

los s damage or expense proximately caused by delay, even though the delay be

For purposes hereof, the terms “Tenant Delay” or “Delay caused by Tenant” shall mean:

Delay. No delay or omission on Agent’s or any Lender’s part in exercising any right, remedy or option shall operate as a waiver of such or any other right, remedy or option or of any Default or Event of Default.

Delay. No delay or omission on Agent’s or any Lender’s part in exercising any right, remedy or option shall operate as a waiver of such or any other right, remedy or option or of any Default or Event of Default.