Common use of Construction of the Tenant Improvements Clause in Contracts

Construction of the Tenant Improvements. Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be coordinated through Landlord’s Construction Representative or property manager. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of the Tenant Improvements, Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager shall perform a final inspection for conformance of the Tenant Improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Building. If there shall be any such stoppage or impairment as the result of any such labor dispute, Tenant shall take reasonable actions to proceed such as establishing a dual gate system.

Construction of the Tenant Improvements. Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C)expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with the approved Working Drawings and all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements Work to completion. All construction of the Tenant Improvements shall be coordinated through Landlord’s Construction Representative or property managerProperty Manager. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of the Tenant Improvements, Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property managerProperty Manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager Property Manager shall perform a final inspection for conformance of the Tenant Improvements to the Working DrawingsBuilding Standards. Any and all work performed by Tenant’s Contractor shall be performed in a manner to reasonably avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Buildingbuilding. If there shall be any such stoppage or impairment as the result of any such labor dispute, Tenant shall take reasonable actions immediately undertake such prudent, lawful action as may be necessary to proceed eliminate such dispute or potential dispute, including, without limitation, as establishing reasonably necessary under the circumstances (a) removing all disputants from the job site until such time as the labor dispute no longer exists, (b) seeking a dual gate systemtemporary restraining order and other injunctive relief with regard to illegal union activities or a breach of contract between Tenant and Tenant’s Contractor, and (c) filing appropriate unfair labor practice charges.

Construction of the Tenant Improvements. Tenant shall complete all submit the approved Working Drawings to the appropriate governmental body or bodies for final plan checking and a building permit. Tenant may commence construction of the Tenant Improvements at prior to final approval of the Final Plans by Landlord and prior to obtaining a building permit so long as Xxxxxx has notified Landlord and obtained Xxxxxxxx’s approval and provided that Xxxxxx subsequently obtains such final approval of the Final Plans and a building permit. After selection of Tenant’s sole cost and expense (subject Contractor, Tenant shall enter into a construction contract with Xxxxxx’s Contractor to reimbursement by cause the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core construction of the Building or to any major Building Systems such as fire, life safety, electrical, mechanical, and structuralTenant Improvements which shall be carried out in conformance with the Working Drawings, as the same may be required by amended from time to time with the Working Drawings or applicable permitting authoritiesreasonable approval of Landlord, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance manner. Tenant shall see that the construction complies with all applicable rulesbuilding, lawsfire, health and sanitary codes and regulations, including all . Said contract shall include a provision for compliance with Landlord’s Rules and Regulations. Violations in connection with the work performed under this Work Letter of Landlord’s rules, regulations and safety procedures reasonably established requirements concerning health, safety, the Building Structure or the Building Systems as set forth in this Lease in Sections 5(a) –(p) below or the Rules and Regulations (Exhibit D) shall constitute a default of this Lease if not corrected by Landlord. Once commencedTenant and/or Tenant’s Contractor within two (2) business days notice by Landlord to Tenant, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be coordinated through Landlord’s Construction Representative or property manager. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of the Tenant Improvements, except that if Tenant or Tenant’s Contractor requests a change order begins to cure its failure within the two (2) business day period, but cannot reasonably complete its cure within such period, then, so long as Tenant or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager shall perform a final inspection for conformance of the Tenant Improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor continues to diligently attempt to cure its failure, the forty-eight (48) hour period will be extended for such time as is reasonably necessary to complete the cure. Landlord shall be performed in have the right to post a manner to avoid any labor dispute which results in notice of non-responsibility at a stoppage or impairment of work, deliveries or any other service in prominent location at the Building. If there It shall be any such stoppage or impairment as the result responsibility of any such labor disputeTenant to enforce the following requirements of Tenant’s Contractor, Tenant shall take reasonable actions to proceed such as establishing a dual gate system.and all subcontractors of Tenant’s Contractor, at every level:

Construction of the Tenant Improvements. Promptly after the Execution Date, Landlord shall commence the design, planning, permitting, construction and installation work to be performed in connection with the improvements to be made to the Premises which are described on Exhibit G, attached hereto and pursuant to the preliminary plans and specifications attached hereto as Exhibit G (the “Tenant shall complete all Improvements”), which Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by may be completed after the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance workInitial Commencement Date, and upgrades diligently prosecute the same to the base, shell & core of the Building or to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed completion in a good and workmanlike manner manner, subject to delays as a result of Force Majeure and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlordany acts or omissions of Tenant. Once commenced, Tenant Landlord shall diligently pursue complete the construction of the Tenant Improvements to completionin accordance with all Governmental Requirements. All construction of the The Tenant Improvements shall be coordinated through subject to, and in compliance with the Union Requirement (defined below) and Section 5.8, and pursuant to all other terms and conditions of the Lease. All Tenant Improvements, regardless of which party constructed or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises on the expiration or earlier termination of this Lease; provided that, at Landlord’s Construction Representative or property manager. election and upon notice delivered to Tenant shall obtain Landlord’s written simultaneously with the final approval prior to by Landlord and Tenant of the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of plans and specifications for the Tenant Improvements, Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager shall perform a final inspection for conformance required to remove all or any portion of the Tenant Improvements as may be specified by Landlord in such notice, including Telecommunication Facilities and any structural or non-standard office alteration, improvement, addition, equipment or fixture installed or brought on the Premises by or for Tenant on the expiration or earlier termination of this Lease (the “Specialty Improvements”), and Tenant shall repair any damage resulting from such removal thereof and return the Premises to the Working Drawingssame condition as existed prior to such Tenant Improvements. Any The “Union Requirement” shall mean the obligation that the contractors and all each subcontractor of every tier used by Landlord shall for the duration of its contract (a) be a party to or bound by a collective bargaining agreement applicable to the geographic area in which the Building is located, applicable to the trade or trades in which the work performed by Tenant’s Contractor shall under the contract is to be performed in a manner to avoid any performed, and entered into with one or more labor dispute which results in a stoppage organizations affiliated with the Building and Construction Trades Department of the AFL-CIO or impairment with an independent, nationally recognized labor organization or one of workits affiliated locals, deliveries or any other service in the Building. If there shall be any such stoppage or impairment as the result and (b) solely employ members of any such labor dispute, Tenant shall take reasonable actions organizations to proceed such as establishing a dual gate systemperform work within their respective traditional jurisdictions.

Construction of the Tenant Improvements. Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by Promptly following the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core --------------------------------------- execution of the Building or construction contract pursuant to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commencedSection 5, Tenant shall diligently pursue --------- direct Tenant's Contractor immediately to commence and proceed to complete, in accordance with industry custom and practice, construction of the Tenant Improvements to completionin accordance with the Final Plans. All construction Tenant Improvement work shall be carried out in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with the use of common areas of the Tenant Improvements Building and, prior to the Delivery Date, with Landlord work not yet completed. Such work shall be coordinated through Landlord’s Construction Representative or property managerperformed diligently in a first-class, workmanlike manner and in accordance with all Laws. Prior to commencing such work, Tenant shall furnish Landlord with evidence satisfactory to Landlord that Tenant and Tenant's Contractor are carrying workers' compensation insurance in statutorily required amounts, comprehensive general liability insurance and all other insurance required by the Lease. Landlord shall have the right at all times to enter the Premises to post notices of nonresponsibility. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to ensure lien-free completion of the Tenant Improvements, and Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) shall comply with all provisions of the amount Lease regarding liens. The construction of the initial Tenants Improvements shall be subject to the provisions of Section 2.4 of the Lease ----------- regarding Tenant's right to occupy the Premises for these purposes. Landlord or Landlord's agents shall have the right at all reasonable times to inspect the work, it being understood that Landlord shall be reasonable in its inspection of the work and that Landlord shall recognize, to the extent commercially reasonable and practicable, the necessity of field changes based on field conditions. Such inspections shall not unduly interfere with the conduct of Tenant's work. If Landlord shall give notice of faulty construction or any payment and performance bond required by Landlordother deviation from the Final Plans, Tenant shall cause Tenant's Contractor to make corrections promptly. However, neither the amount privilege herein granted to Landlord to make such inspections nor the making of the bonds such inspections by Landlord shall operate as a waiver of any rights of Landlord to be increased to cover the cost of the additional work. During require good and workmanlike construction of the Tenant Improvements, Improvements in accordance with the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager shall perform a final inspection for conformance of the Tenant Improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Building. If there shall be any such stoppage or impairment as the result of any such labor dispute, Tenant shall take reasonable actions to proceed such as establishing a dual gate systemFinal Plans.

Construction of the Tenant Improvements. Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C)expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with the approved Working Drawings and all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements Work to completion. All construction of the Tenant Improvements shall be coordinated through Landlord’s Construction Representative or property managerProperty Manager. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of the Tenant Improvements, Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property managerProperty Manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager Property Manager shall perform a final inspection for conformance of the Tenant Improvements to the Working DrawingsBuilding Standards. Any and all work performed by Tenant’s Contractor shall be performed in a manner to reasonably avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Buildingbuilding. If there shall be any such stoppage or impairment as the result of any such labor dispute, Tenant shall take reasonable actions immediately undertake such prudent, lawful action as may be necessary to proceed eliminate such dispute or potential dispute, including, without limitation, as establishing reasonably necessary under the circumstances (a) removing all disputants from the job site until such time as the labor dispute no longer exists, (b) seeking a dual gate system.temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of contract between Tenant and Tenant’s Contractor, and (c) filing appropriate unfair labor practice charges. Exhibit C – Page 4

Construction of the Tenant Improvements. Except to the extent expressly provided elsewhere herein, including Landlord’s requirement to perform the Landlord’s Work. Tenant shall complete all Tenant Improvements at Tenant’s sole risk, cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C)expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building Systems systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. Landlord shall provide to Tenant, its Architect, the Contractor and others required to perform the Tenant Improvements, at no additional cost to Tenant, access to the Premises and use of the exclusive loading dock serving the Premises during the design and construction of the Tenant Improvements, provided that (i) the Commencement Date and Tenant’s obligation to pay Rent shall nevertheless commence on the date set forth in the Basic Lease Provisions, and (ii) Tenant shall be solely responsible for all costs of water, electricity, and other services and utilities provided at and to the Premises from and after the Delivery Date. The construction shall be performed in a good and workmanlike manner mariner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and applicable safety procedures reasonably established by LandlordLandlords Construction Representative and the Tenant Construction Rules and Regulations attached hereto as Exhibit C-2. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be coordinated through Landlord’s Construction Representative or property managerProperty Manager. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement workwork (i.e., change orders), such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to completion of the Tenant Improvements, Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and performance bond required by Landlord, Tenant or Tenant’s Contractor shall obtain Landlord’s written approval prior to the performance of the additional work contemplated by such change order or orders. Landlord’s consent shall not be unreasonably withheld, but in any event, Tenant shall cause the amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property managerProperty Manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager Property Manager shall perform a final inspection for conformance of the Tenant Improvements improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Buildingbuilding. If there shall be any such stoppage or impairment as the result of any such labor disputedispute caused by Tenant or its Contractor, Tenant shall take reasonable actions immediately undertake such action as may be necessary to proceed eliminate such dispute or potential dispute, including, without limitation, (a) removing all disputants from the job site until such time as establishing the labor dispute no longer exists, (b) seeking a dual gate systemtemporary restraining order and other injunctive relief with regard to illegal union activities or a breach of contract between Tenant and Tenant’s Contractor, and (c) filing appropriate unfair labor practice charges.

Construction of the Tenant Improvements. Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by Promptly following the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core execution of the Building or construction contract pursuant to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commencedSection 5, Tenant shall direct Tenant’s Contractor immediately to commence and diligently pursue to prosecute, in accordance with industry custom and practice, construction of the Tenant Improvements to completionin accordance with the Final Plans. All construction Tenant Improvement work shall be carried out at such times as Landlord directs, in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with other tenants and with the use of the Tenant Improvements common areas of the Building. Such work shall be coordinated through Landlordperformed diligently in a first-class, workmanlike manner and in accordance with all Laws. Prior to commencing such work, Tenant shall furnish Landlord with evidence satisfactory to Landlord that (i) Tenant is carrying the insurance required by Article 11 of the Lease and (ii) Tenant’s Construction Representative or property managerContractor is carrying the insurance required by Section 15 of this Agreement. Landlord shall have the right at all times to enter the Premises to post notices of nonresponsibility. Tenant shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld, delayed, or conditioned. If, at any time prior to ensure lien-free completion of the Tenant Improvements, and Tenant or Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) shall comply with all provisions of the amount Lease regarding liens. Landlord or Landlord’s agents shall have the right at all times to inspect the work, it being understood that Landlord shall be reasonable in its inspection of the work and that Landlord shall recognize, to the extent commercially reasonable and practicable, the necessity of field changes based on field conditions. If Landlord shall give notice of faulty construction or any payment and performance bond required by Landlordother deviation from the Final Plans, Tenant shall cause Tenant’s Contractor to make corrections promptly. However, neither the amount privilege herein granted to Landlord to make such inspections nor the making of the bonds such inspections by Landlord shall operate as a waiver of any rights of Landlord to be increased to cover the cost of the additional work. During require good and workmanlike construction of the Tenant Improvements, Improvements in accordance with the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or property manager. Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and property manager shall perform a final inspection for conformance of the Tenant Improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the Building. If there shall be any such stoppage or impairment as the result of any such labor dispute, Tenant shall take reasonable actions to proceed such as establishing a dual gate systemFinal Plans.