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PROTEON THERAPEUTICS INC filed this Form S-1 on 09/16/2014
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sole and exclusive remedy for Landlord’s failure so to complete Landlord’s Work within such time. Each day of Tenant Delay shall be deemed conclusively to cause an equivalent day of delay by Landlord in substantially completing Landlord’s Work pursuant to Section 1.1 of this Work Agreement, and thereby automatically extend for each such equivalent day of delay the date of the Outside Completion Date.


1.3                               Quality and Performance of Work


All construction work required or permitted by the Lease shall be done in a good and workmanlike manner using new and first quality materials and in compliance with all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders and requirements of all public authorities (“Legal Requirements”) and all Insurance Requirements (as defined in Section 5.12 of the Lease). All of Tenant’s work shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times and shall promptly give notice of observed defects, but the foregoing shall not release Landlord of its obligation to properly perform Landlord’s Work. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf by any Construction Representative of the party named in Section 1.1 of the Lease or any person hereafter designated in substitution or addition by notice to the party relying. Except to the extent to which Tenant shall have given Landlord notice of respects in which Landlord has not performed Landlord’s construction obligations under this Work Agreement (if any) (i) not later than the end of the twelfth (12th) full calendar month next beginning after the Commencement Date with respect to the heating, ventilating and air conditioning systems servicing the Premises and other items which could not readily have been discovered in the exercise of reasonable diligence shortly after Substantial Completion, and (ii) not later than the third (3rd) full calendar month next beginning after the Commencement Date with respect to Landlord’s construction obligations under this Work Agreement not referenced in (i) above, Tenant shall be deemed conclusively to have approved Landlord’s construction and shall have no claim that Landlord has failed to perform any of Landlord’s obligations under this Work Agreement (if any). Landlord agrees to correct or repair at its expense items which are then incomplete or do not conform to the work contemplated under the Plans and as to which, in either case, Tenant shall have given notice to Landlord, as aforesaid.


1.4                               Intentionally Omitted


1.5                               Tenant Plan Excess Costs


Notwithstanding anything contained in this Work Agreement to the contrary, it is understood and agreed that Tenant shall be fully responsible for the costs of any items of work not shown on Exhibit B-2 attached to the Lease as being paid for by Landlord (the “Tenant Plan Excess Costs”). To the extent, if any, that there are Tenant Plan Excess Costs, Tenant shall pay Landlord, as Additional Rent, the Tenant Plan Excess Costs prior to the commencement of the Landlord’s Work.


Page 6

Exhibit B-1






Boston Properties Proteon Therapeutics Tenant Work Letter 200 West Street


May 21, 2009






























Finish Carpentry














Doors & Frames


Existing Office Doors to Remain As-Is














Install New Wood Doors PM Frames And Sidelight In New Offices (4) To Match Existing














Install New Passage Sets On New Offices














Build (4) New Offices Along Perimeter Wall (Fl To ACT Ceiling)












Acoustic Ceilings


Kerf Existing Ceiling Tile Around New Walls To Accommodate New Layout.














Install New Vinyl Wall Base In 4 New Offices












Wall Finishes


Paint Wall In 4 New Offices (2 Coats)






Page 1

Exhibit B-2