Landlord Delay. "Landlord Delay" shall mean any and all actual delays in the approving or otherwise responding to the submission of the CD’s or other items requiring Landlord’s approval within the time period permitted under this Exhibit B, which delay is proximately caused by Landlord. Tenant shall promptly notify Landlord of any delay in substantial completion of Tenant Improvements caused by any Landlord Delay.

Tenant Delay. Tenant shall be liable for all out-of-pocket costs and expenses incurred by Landlord as the direct result of any Tenant Delay. Tenant shall pay to Landlord the amount of any such cost or expense paid or incurred by Landlord within ten (10) Business Days following Tenant’s receipt of each invoice from Landlord containing a reasonably detailed description of such costs or expenses; alternatively, Tenant may direct that such costs and expenses be deducted from the Improvement Allowance. If Tenant fails to pay the out-of-pocket costs and expenses incurred by Landlord pursuant to this [Section 8.2] and if the Improvement Allowance is not sufficient to pay such costs, Landlord shall have the right to accelerate the Commencement Date to the date on which the Substantial Completion Date would have occurred but for the Tenant Delays.

Coronavirus Delay. The term "Coronavirus Delay" shall mean only an actual delay in the completion of the Tenant Improvements which is caused by # suspension of construction of the Tenant Improvements affecting all similar construction in the vicinity of the Building due to any law, regulation, ordinance, rule, requirement or order of any governmental authority which may hereafter be adopted or imposed to address the COVID-19 outbreak, # delay in the response of any governmental authority to Tenant’s initial submittal of construction drawings for the Improvements, or any subsequent submittals thereof, beyond thirty (30) days after such submittal, if such response delays arise as a result of the COVID-19 pandemic and the effects thereof; or # delay in the issuance of a building permit beyond thirty (30) days after Tenant's initial request for issuance or delay in the issuance of a temporary certificate of occupancy or certificate of occupancy permitting Tenant to occupy the Third Expansion Premises beyond thirty (30) days after final inspection of the Third Expansion Premises, or delay in performing any required inspections beyond thirty (30) days after Tenant's request for such inspection , to the extent such issuance delay arises as a result of the COVID-19 pandemic and the effects thereof. In order for Tenant to claim any Coronavirus Delay, Tenant must notify Landlord in writing (each, a "Coronavirus Delay Notice") specifying the nature of the Coronavirus Delay and the anticipated number of days of Coronavirus Delay.

Payment Delay. Notwithstanding any provision to the contrary in this Agreement, if on the date of Executive’s termination of employment, Executive is a “specified employee” (as such term is defined in Section 409A(a)(2)(B)(i) of the Code and its corresponding regulations) as determined by the Board (or its delegate) in its sole discretion in accordance with its “specified employee” determination policy, then all cash severance payments payable to Executive under this Agreement that are deemed as deferred compensation subject to the requirements of Section 409A of the Code shall be postponed for a period of six months following Executive’s “separation from service” with the Company (or any successor thereto). The postponed amounts shall be paid to Executive in a lump sum on the date that is six (6) months and one (1) day following Executive’s “separation from service” with the Company (or any successor thereto). If Executive dies during such six-month period and prior to payment of the postponed cash amounts hereunder, the amounts delayed on account of [Section 409A] of the #56956674 v6

Potential Delay. Notwithstanding anything to the contrary in this Agreement, no amounts payable under this Agreement shall be paid to the Participant prior to the expiration of the six (6)-month period following his “separation from service” (within the meaning of Treasury Regulation Section 1.409A-1(h)) (a “Separation from Service”) to the extent that the Company determines that paying such amounts prior to the expiration of such six (6)-month period would result in a prohibited distribution under Section 409A(a)(2)(B)(i) of the Code. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of the applicable six (6)-month period (or such earlier date upon which such amounts can be paid under Section 409A of the Code without resulting in a prohibited distribution, including as a result of the Participant’s death), such amounts shall be paid to the Participant.

Tenant Delay. If Landlord is unable to Substantially Complete the Replacement Premises Leasehold Improvements and deliver possession of the Replacement Premises to Tenant on or before the Replacement Premises Target Delivery Date as a result of any Tenant Delay, Tenant shall be financially responsible for “Rent” as defined in [Section 4.2], (pro-rated on a per diem basis) for the number of days of Tenant Delay experienced by Landlord in order to Substantially Complete the Replacement Premises Leasehold Improvements and deliver the Replacement Premises to Tenant, and such sum shall be due and payable by Tenant upon written demand by Landlord.

Payment Delay. Notwithstanding any provision to the contrary in this Agreement, if on the date of Executive’s termination of employment, Executive is a “specified employee” (as such term is used in [Section 409A]), then any amounts payable to Executive that

Tenant Delay. A “Tenant Delay” means any of the following:

Delay in Requests. Failure or delay on the part of any Lender to demand compensation pursuant to this Section shall not constitute a waiver of such Lender’s right to demand such compensation; provided that the Borrower shall not be required to compensate a Lender pursuant to this Section for any increased costs incurred or reductions suffered more than 90 days prior to the date that such Lender notifies the Borrower of the Change in Law giving rise to such increased costs or reductions, and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 90-day period referred to above shall be extended to include the period of retroactive effect thereof).

Delay in Requests. Failure or delay on the part of any Lender or LC Issuer to demand compensation pursuant to this Section 3.01 shall not constitute a waiver of such Lender’s or LC Issuer’s right to demand such compensation; provided that the applicable Borrower shall not be required to compensate a Lender or LC Issuer pursuant to this Section 3.01 for any increased costs incurred or reductions suffered if the Lender does not provide notice of such request within one hundred eighty (180[[SunTrustTruist Bank:Organization]] days after such Lender has knowledge (or should have had knowledge[[SunTrustTruist Bank:Organization]] of the occurrence or event giving rise to such increased costs or reductions (except that, if the Change in Law constituting the occurrence or event giving rise to such increased costs or reductions is retroactive, then the one hundred eighty (180[[SunTrustTruist Bank:Organization]] day period referred to above shall be extended to include the period of retroactive effect thereof[[SunTrustTruist Bank:Organization]].