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PROTEON THERAPEUTICS INC filed this Form 10-Q on 11/07/2017
Entire Document
Exhibit 10.2


(3)Tenant Response to Requests for Information and Approvals. Except to the extent that another time period is expressly herein set forth, Tenant shall respond to any request from Landlord, Landlord’s architect, Landlord’s contractor and/or Landlord’s Construction Representative for approvals or information in connection with Landlord’s Work, within two (2) business days of Tenant’s receipt of such request. In addition, Tenant shall, within two (2) business days after receipt thereof from Landlord, execute and deliver to Landlord any affidavits and documentation required in order to obtain all permits and approvals necessary for Landlord to commence and complete Landlord’s Work on a timely basis (“Permit Documentation”).


(4)Time of the Essence. Time is of the essence in connection with Tenant’s obligations under this Section 1.1.


(B)Substantial Completion; Tenant Delay.


(1)Landlord’s Obligations. Subject to delays due to Tenant Delays (as hereinafter defined) and delays due to Force Majeure, as defined in Section 6.1 of the Lease, Landlord shall use reasonable speed and diligence to have the Landlord’s Work substantially completed on or before January 1, 2018 (the “Estimated Additional Premises Commencement Date”), but Tenant shall have no claim against Landlord for failure so to complete construction of Landlord’s Work in the Additional Premises, except for the right to terminate the Lease solely with respect to the Additional Premises, without further liability to either party, in accordance with the provisions hereinafter specified in Section 1.2 of this Work Letter.


(2)Definition of Substantial Completion. The Landlord’s Work shall be treated as having been substantially completed on, and the Additional Premises Commencement Date shall therefore occur, on the later of:


(a)The date on which Landlord’s Work, together with common facilities for access and services to the Additional Premises, has been completed (or would have been completed except for Tenant Delay) except for items of work and adjustment of equipment and fixtures which can be completed after occupancy has been taken without causing substantial interference with Tenant’s use of the Additional Premises (i.e. so-called “punch list” items), or


Exhibit B
200 West Street\Amendments\Proteon Fourth Amendment (e)