Delays. Lessee shall be responsible for, and shall pay to Lessor, any and all costs and expenses incurred by Lessor in connection with any delay in the commencement or completion of any Expansion Improvements and any increase in the cost of Expansion Improvements caused by # Lessee's failure to submit information to the Architect or approve any Construction Documents or cost estimates within the time periods required herein, # any delays in obtaining any items or materials constituting part of the Expansion Improvements requested by Lessee, # any Changes, or # any other delay requested or caused by Lessee (collectively, "Lessee Delays

Permissible Delays. The Delivery Date for the Vessel shall automatically be extended by the amount of time equal to the duration of any Permissible Delay affecting the Work. A “Permissible Delay” shall mean a delay in the critical path of the Work that could not be avoided through the exercise of due diligence, due to causes which may include:

Delays. Tenant shall, with reasonable diligence, prosecute construction of the Additional Premises Tenant Improvements to complete all work in the Third Floor West Wing Premises and the Sixth Floor East Wing Premises by the applicable Rent Commencement Date. Any delay in completing such work, including any delay as a result of governmental delays, force majeure and other events beyond the control of Tenant, excepting only acts or failures to act of Landlord or persons claiming under Landlord shall not extend or delay the time for the commencement of payment Rent or any other sum under the Lease.

Landlord Delays. The Expansion Effective Date shall be extended by the number of days of delay of the Substantial Completion (as defined below) of the Tenant Alterations in the Expansion Space caused by a Landlord Delay. “Landlord Delay” shall mean actual delays in the Substantial Completion of the improvements within the Expansion Space which delays construction beyond the applicable construction period and which results from the active negligence or willful misconduct or materially unreasonable acts (when judged in accordance with industry custom and practices) of Landlord or Landlord’s agents, employees or contractors, including without limitation the failure of Landlord to timely approve or disapprove any Plans and Specifications in accordance with the terms and conditions of this Exhibit B.

Conversion Delays. If Borrower fails to deliver Conversion Shares in accordance with the timeframe stated in this [Section 2.9], the Converting Lender may at any time prior to receiving the applicable Conversion Shares rescind in whole or in part such Conversion, with a corresponding increase to the outstanding Loan balance, and the interest related to the purported Converted Loan shall accrue retroactively from the Conversion Date as if no Conversion Notice was ever delivered. In the event the Converting Lender does not rescind such Conversion, for each Conversion in which Conversion Shares are not delivered on or prior to the applicable Share Delivery Date, a late fee equal to 1% of the applicable Conversion Share Value rounded to the nearest multiple of $100.00 per day (but in any event the cumulative amount of such late fees for each Conversion shall not exceed 100% of the applicable Conversion Share Value) will be assessed for each day after such Share Delivery Date until Conversion Share delivery is made in accordance with this [Section 2.9]; and such late fee will be added to the outstanding Loan balance (such fees, the “Conversion Delay Late Fees”). In addition to payment of the Conversion Delay Late Fees, and irrespective of whether Converting Lender does or does not rescind any such Conversion, Borrower shall also promptly reimburse Agent and the Converting Lender for all fees, costs and expenses incurred in connection with any failure by Borrower to deliver Conversion Shares on or prior to the applicable Share Delivery Date in accordance with this [Section 2.9]. “Conversion Share Value” shall mean the product of the number of Conversion Shares deliverable pursuant to any Conversion multiplied by the greater of # the Closing Trade Price of Borrower Common Stock on the Share Delivery Date for such Conversion and # the applicable Conversion Price. “Closing Trade Price” shall mean the last closing trade price for Borrower Common Stock on its principal market, as reported by Bloomberg L.P. (“Bloomberg”), or, if its principal market begins to operate on an extended hours basis and does not designate the closing trade price then the last bid price or last trade price, respectively, of Borrower Common Stock prior to 4:00:00 p.m., New York time, as reported by Bloomberg, or, if its

Delays. In accordance with the terms of the Plan, the Company shall have the right to suspend or delay any time period prescribed in this Agreement or in the Plan for any action if the Committee shall determine that the action may constitute a violation of any law or result in any liability under any law to the Company, an Affiliate or a shareholder in the Company until such time as the action required or permitted will not constitute a violation of law or result in liability to the Company, an Affiliate or a shareholder of the Company.

Delays. The Contract Price may be reduced as a consequence of a Delivery delay as set forth in Article 17.

Delays. Tenant shall with reasonable diligence prosecute construction of the Tenant Improvements to complete all work by the Commencement Date. Any delay in completing such work, including any delay as a result of governmental delays, acts of God and other events beyond the control of Tenant, shall not extend or delay the time for the commencement of payment Rent or any other sum under the Lease.

“Force Majeure Delays” (as such term may be used in the Lease or in this Tenant Work Letter) shall mean any actual delay in the performance of the Tenant Improvements experienced by Tenant due to industry-wide lockouts or other labor or industrial disturbance, civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, national or global health crisis (e.g., pandemic), inability to secure supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body, lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion or any other similar industry-wide causes beyond the reasonable control of Tenant; provided, however, that prior to a claim by Tenant of any Force Majeure Delay due to Tenant’s inability to obtain any materials, supplies or labor, Tenant and its contractors or other representatives, shall use commercially reasonable efforts to obtain substitute alternate materials, supplies or labor and that in any event, Tenant shall act in a commercially reasonable manner to mitigate any Force Majeure Delay. In addition, Force Majeure Delays shall include any actual delay (not to exceed, in the aggregate, 30 days) in the performance of the Tenant Improvements experienced by Tenant due the inability of Tenant to obtain building permits or any other governmental permit, inspection, consent, or approval (despite Tenant’s commercially reasonable

Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party hereto upon any breach or default of any party under this Agreement, will impair any such right, power or remedy of such party, nor will it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring, nor will any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character by any party of any breach or default under this Agreement, or any waiver on the part of any party or any provisions or conditions of this Agreement, must be in a writing signed by such party and will be effective only to the extent specifically set forth in such writing.