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


(b)The date when permission has been obtained from the applicable governmental authority, to the extent required by law, for occupancy by Tenant of the Additional Premises for the Permitted Use, unless the failure to obtain such permission is due to a Tenant Delay.


In the event of any dispute as to the date on which Landlord’s Work has been completed, the reasonable determination of Landlord’s architect as to such date shall be deemed conclusive and binding on both Landlord and Tenant.


(3)Incomplete Work. Landlord shall complete as soon as conditions practically permit any incomplete items of Landlord’s Work, and Tenant shall cooperate with Landlord in providing access as may be required to complete such work in a normal manner.


(4)Early Access by Tenant. Landlord shall permit Tenant access for installing Tenant’s trade fixtures in portions of the Additional Premises prior to substantial completion when it can be done without material interference with remaining work or with the maintenance of harmonious labor relations. Any such access by Tenant shall be upon all of the terms and conditions of the Lease (other than the payment of Annual Fixed Rent) and shall be at Tenant’s sole risk, and Landlord shall not be responsible for any injury to persons or damage to property resulting from such early access by Tenant.


(5)Prohibition on Access by Tenant Prior to Actual Substantial Completion. If, prior to the date that the Landlord’s Work is in fact actually substantially complete, the Landlord’s Work is deemed to be substantially complete as a result of a “Tenant Delay” (as defined below) (i.e. and the Additional Premises Commencement Date has therefore occurred), Tenant shall not (except with Landlord’s consent) be entitled to take possession of the Additional Premises for the Permitted Use until the Additional Premises are in fact actually substantially complete.


(C)Tenant Delay.


(1)A “Tenant Delay” shall be defined as the following:


(a)Tenant’s failure timely to respond to any 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 Agreement;


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