Bathroom Upgrades. Landlord and Tenant hereby acknowledge and agree that in connection with the budget that has been relied upon by the parties in determining what the cost of the Landlord’s Work should be, the parties have allocated Twenty-Five Thousand Dollars ($25,000.00) per bathroom to upgrade the four (4) bathrooms that will be located in the Premises following the completion of the Landlord’s Work (collectively, the “Bathrooms”), such upgrades totaling One Hundred Thousand Dollars ($100,000.00) in the aggregate (the “Bathroom Upgrade Allocation”). Notwithstanding Landlord’s obligation to provide a “turn-key” buildout of the Premises per Section 1 of this Exhibit B in the event that the aggregate cost to upgrade the Bathrooms exceeds the Bathroom Upgrade Allocation as a direct result of Landlord having to comply with the local or Massachusetts building code in order to complete the upgrade of the Bathrooms in accordance with the Scope of Work and the Plans, Landlord shall be entirely responsible for such excess cost However, in the event that the aggregate cost to upgrade the Bathrooms exceeds the Bathroom Upgrade Allocation for reasons other than having to comply with the local or Massachusetts building code in order to complete the upgrade of the Bathrooms in accordance with the Scope of Work and the Plans, then Tenant, and not Landlord, shall be responsible for such excess cost and Tenant shall immediately deposit with Landlord the amount of such excess cost within twenty (20) days.
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