Common use of CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS Clause in Contracts

CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS. Landlord shall cause a contractor designated by Landlord (the “Contractor”) to (i) obtain all applicable building permits for construction of the Tenant Improvements (collectively, the “Permits”), and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Landlord shall pay for the cost of the design and construction of the Tenant Improvements in an amount up to, but not exceeding, Twenty-Three and 00/100 Dollars ($23.00) per rentable square foot of the Premises (i.e., up to Seven Hundred Twenty-Seven Thousand Seven Hundred Sixty-Six and 00/100 Dollars ($727,766.00), based on 31,642 rentable square feet of the Premises (the “Allowance”). The cost of the design and construction of the Tenant Improvements shall include Landlord’s construction supervision and management fee in an amount equal to the product of (i) five percent (5%) and (ii) the amount equal to the sum of the Allowance and the Over-Allowance Amount (as such term is defined below.) Tenant shall pay for all costs in excess of the Allowance (“Over-Allowance Amount”), which MARINA VILLAGE [St. Fxxxxxx] payment shall be made to Landlord in cash within ten (10) days after Tenant’s receipt of invoice therefor from Landlord and, in any event, prior to the date Landlord causes the Contractor to commence the actions described in the first sentence of this Section 3. In the event that after Tenant pays the Over-Allowance Amount Tenant requests any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 1 above) which increase the cost to construct the Tenant Improvements, Tenant shall pay such increased cost to Landlord immediately upon Landlord’s request therefor, and, in any event, prior to the date Landlord causes the Contractor to commence construction of the changes, change orders or modifications. In no event shall Landlord be obligated to pay for any of Tenant’s furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the Construction Drawings; such items shall be paid for by Tenant. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise, any portion of the Allowance not used to pay for the cost of the design and construction of the Tenant Improvements. Prior to the commencement of construction of the Tenant Improvements, Landlord shall provide Tenant with a preliminary cost estimate of the total cost of the design and construction of the Tenant Improvements.

CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS. Landlord shall cause a general contractor designated by Landlord (the “"Contractor”") to (i) obtain all applicable building permits for construction of the Tenant Improvements (collectively, the “"Permits”"), and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Landlord shall pay for the cost costs of the design design, permitting and construction of the Tenant Improvements in an amount up to, but not exceeding, Twenty-Three and 00/100 Twenty Dollars ($23.0020.00) per rentable square foot of the Premises (i.e., up to Seven One Hundred Twenty-Seven Six Thousand Seven Three Hundred Sixty-Six and 00/100 Dollars ($727,766.00106,300.00), based on 31,642 5,315 rentable square feet of the Premises Premises) (the “"Allowance”"). The cost of the design design, permitting and construction of the Tenant Improvements shall include Landlord’s 's construction supervision and management fee in an amount equal to the product of (i) five four percent (54%) and (ii) the amount equal to the sum of the Allowance and the Over-Allowance Amount (as such term is defined below.) ). Tenant shall pay for all costs of the design, permitting and construction of the Tenant Improvements in excess of the Allowance (“Over-Allowance "Over‑Allowance Amount”"), which MARINA VILLAGE [St. Fxxxxxx] payment shall be made to Landlord in cash as follows: (i) fifty percent (50%) of the Over-Allowance Amount within ten (10) business days after Tenant’s 's receipt of invoice therefor from Landlord and, in any event, prior to the date Landlord causes the Contractor to commence the actions described in the first sentence of this Section 3, and (ii) fifty percent (50%) within ten (10) business days after Tenant's receipt of invoice therefor from Landlord upon fifty percent (50%) completion of the Tenant Improvements. In the event that If after Tenant pays the Over-Allowance Amount Tenant requests any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 1 2 above) which increase the cost to construct costs of the design, permitting and construction of the Tenant Improvements, Tenant shall pay such increased cost to Landlord immediately upon within five (5) business days after Landlord’s 's request therefor, and, in any event, prior to the date Landlord causes the Contractor to commence construction of the changes, change orders or modifications. In no event shall Landlord be obligated to pay for for, nor shall the Tenant Improvement Allowance be used to pay for, the costs of any of Tenant’s 's furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the Construction Drawings; the costs of such items shall be paid for by Tenant from Tenant's own funds. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise, any portion of the Allowance not used to pay for the cost costs of the design and construction of the Tenant Improvements. Prior to the commencement of construction of the Tenant Improvementsdesign, Landlord shall provide Tenant with a preliminary cost estimate of the total cost of the design permitting and construction of the Tenant Improvements.

CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS. Landlord shall cause a general contractor designated by Landlord (the “Contractor”) to (i) obtain all applicable building permits for construction of the Tenant Improvements (collectively, the “Permits”), and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Landlord shall pay for the cost costs of the design design, permitting and construction of the Tenant Improvements in an amount up to, but not exceeding, Twenty-Three and 00/100 One Hundred Thirty Dollars ($23.00130.00) per rentable square foot of the Premises (i.e., up to Seven Hundred Twenty-Seven Thousand Seven Three Million One Hundred Sixty-Six and 00/100 Thousand Four Hundred Ten Dollars ($727,766.003,166,410.00), based on 31,642 24,357 rentable square feet of the Premises Premises) (the “Allowance”) Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise for any portion of the Allowance not used to pay for the costs of the design, permitting and construction of the Tenant Improvements; provided, however, that up to Ten Dollars ($10.00) of any unused amount of the Allowance may be utilized by Tenant to help Tenant pay for the actual and documented costs incurred by Tenant for (i) the costs of data and telecommunications cabling in the Premises, and (ii) the costs of the purchase and installation of furniture, fixtures and equipment in the Premises (“Cabling/FF&E Costs”). Landlord shall disburse from the Allowance the portion thereof to help Tenant pay for the Cabling/FF&E Costs actually incurred by Tenant within thirty (30) days after Landlord has received Tenant’s written request for disbursement together with copies of invoices from third parties evidencing the amount of such Cabling/FF&E Costs to be paid by Landlord, but Landlord shall have no obligation to disburse any portion of the Allowance to pay for the Cabling/FF&E Costs after the date which is thirty (30) days after the Lease Commencement Date. The cost of the design design, permitting and construction of the Tenant Improvements shall include Landlord’s construction supervision and management fee in an amount equal to the product of (i) five four percent (54%) and (ii) the amount equal to the sum of the Allowance and the Over-Allowance Amount applied to the cost of the Tenant Improvements (as such term is defined below.) ). Tenant shall pay for all costs of the design, permitting and construction of the Tenant Improvements in excess of the Allowance (“Over-Allowance Amount”), which MARINA VILLAGE [St. Fxxxxxx] payment shall be made to Landlord in cash within ten (10) business days after Tenant’s receipt of invoice therefor (“Over-Allowance Payment Date”) from Landlord and, in any event, prior to the date Landlord causes the Contractor to commence the actions described in the first sentence of this Section 3. Notwithstanding anything above to the contrary, in the event there exists an Over-Allowance Amount, Tenant shall have the option, exercisable upon written notice to Landlord prior to the Over-Allowance Payment Date, to receive an allowance (the “Additional Allowance”) in the amount not to exceed Ten Dollars ($10.00) per rentable square foot of the Premises, (i.e., up to Two Hundred Forty-Three Thousand Five Hundred Seventy Dollars ($243,570.00) based on 24,357 rentable square feet in the Premises). In addition to utilizing the Additional Allowance to help pay for the Over-Allowance Amount, Tenant may also use the Additional Allowance to help Tenant pay for costs of furniture, fixtures and equipment for the Premises and the costs of installing cabling for the Premises (collectively, the “Other Costs”). Landlord shall disburse from the Additional Allowance such amounts to help pay for such Other Costs and actually incurred by Tenant, within thirty (30) days after the later of (i) Landlord’s receipt of invoices evidencing Tenant’s Other Costs and (ii) the Lease Commencement Date. Any portion of the Additional Allowance which is not so requested by Tenant on or before the Over-Allowance Payment Date shall revert to Landlord. In the event Tenant exercises such option and as consideration for Landlord providing such Additional Allowance to Tenant, the Base Rent payable by Tenant throughout the entire eighty-four (84) month initial Lease Term (“Amortization Period”) shall be increased by an amount sufficient to fully amortize such EXHIBIT B Allowance throughout said eighty-four (84) month period based upon equal monthly payments of principal and interest, with interest imputed on the outstanding principal balance at the rate of nine percent (9%) per annum (the “Amortization Rent”). By way of illustration, if Tenant utilizes the entire Additional Allowance then the initial Base Rent payable by Tenant under this Lease shall be increased by Three Thousand Eight Hundred Ninety-Seven and 12/100 Dollars ($3,897.12) per month (and such amount shall be subject to the three percent (3%) annual increases set forth in Section 8 of the Summary). In such event, Section 8 of the Summary shall be revised to reflect such increased Base Rent for all time periods under this Lease. Such revised Base Rent schedule shall be memorialized in an amendment to this Lease to be executed by Landlord and Tenant. In the event the Lease shall terminate for any reason, including, without limitation, as a result of a default by Tenant under the terms of the Lease or this Tenant Work Letter, Tenant acknowledges and agrees that the unamortized balance of the Additional Allowance which has not been paid by Tenant to Landlord as of the termination date pursuant to the foregoing provisions of this Section 3, shall become immediately due and payable as unpaid rent which has been earned as of such termination date. In addition, in no event shall the Amortization Rent be abated for any reason whatsoever. If after Tenant pays the Over-Allowance Amount Tenant requests any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 1 above) which increase the cost to construct costs of the design, permitting and construction of the Tenant Improvements, Tenant shall pay such increased cost to Landlord immediately upon within five (5) business days after Landlord’s request therefor, and, in any event, prior to the date Landlord causes the Contractor to commence construction of the changes, change orders or modifications. In no event shall Landlord be obligated to pay for for, nor shall the Tenant Improvement Allowance be used to pay for, the costs of any of Tenant’s furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the Construction Drawings; the costs of such items shall be paid for by Tenant from Tenant. Tenant shall not be entitled to receive in cash or ’s own funds, except as a credit against any rental or otherwise, any portion of the Allowance not used to pay for the cost of the design and construction of the Tenant Improvements. Prior to the commencement of construction of the Tenant Improvements, Landlord shall provide Tenant with a preliminary cost estimate of the total cost of the design and construction of the Tenant Improvementsexpressly permitted above.

CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS. Landlord shall cause a general contractor designated by Landlord (the “Contractor”) to (i) obtain all applicable building permits for construction of the Tenant Improvements (collectively, the “Permits”), and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Landlord shall pay for the cost costs of the design design, permitting and construction of the Tenant Improvements in an amount up to, but not exceeding, TwentyThirty-Three and 00/100 Two Dollars ($23.0032.00) per rentable square foot of the Premises (i.e., up to Seven One Million Two Hundred TwentySeventy-Seven Nine Thousand Seven One Hundred SixtyThirty-Six and 00/100 Dollars ($727,766.001,279,136.00), based on 31,642 39,973 rentable square feet of the Premises Premises) (the “Allowance”). The cost of the design design, permitting and construction of the Tenant Improvements shall include Landlord’s construction supervision and management fee in an amount equal to the product of (i) five three and a half percent (53.5%) and (ii) the amount equal to the sum of the Allowance and the Over-Allowance Amount (as such term is defined below.) ). Tenant shall pay for all costs of the design, permitting and construction of the Tenant Improvements in excess of the Allowance (“Over-Allowance Amount”), which MARINA VILLAGE [St. Fxxxxxx] payment payments shall be made to Landlord in cash in installments within ten five (105) days after TenantXxxxxx’s receipt of an invoice therefor thereof from Landlord and(which may be made no more often than monthly) as Landlord incurs such expenses in an amount equal to a fraction of such expenses, in any event, prior to the date Landlord causes the Contractor to commence the actions described in the first sentence numerator of this Section 3. In the event that after Tenant pays which is the Over-Allowance Amount and the denominator of which is the sum of the Allowance and the Over-Allowance Amount. If Tenant requests any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 1 above) which increase the cost to construct costs of the design, permitting and construction of the Tenant Improvements, Tenant shall pay such increased cost to Landlord immediately upon Landlordwithin five (5) days after Xxxxxx’s request therefor, and, receipt of an invoice thereof from Landlord and shall be payable in the same manner as any event, prior to the date Landlord causes the Contractor to commence construction of the changes, change orders or modificationsOver-Allowance Amount is paid. In no event shall Landlord be obligated to pay for for, nor shall the Tenant Improvement Allowance be used to pay for, the costs of any of Tenant’s furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the Construction Drawings; the costs of such items shall be paid for by Tenant from Tenant’s own funds. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise, any portion of the Allowance not used to pay for the cost costs of the design design, permitting and construction of the Tenant Improvements. Prior to Improvements and/or not used by Landlord or on or before the commencement of construction of date which is two hundred seventy (270) days after the Tenant Improvements, Landlord shall provide Tenant with a preliminary cost estimate of the total cost of the design and construction of the Tenant ImprovementsLease Commencement Date.

CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS. Landlord shall enter into a construction contract for the performance of the Tenant Improvements with the general contractor that it engages to perform the tenant improvements on floors 11-17 of the Building (the "Contractor") on terms substantially consistent with the terms of Landlord's contract with the Contractor for the other tenant improvements, including the same contractor's fee and, subject to market fluctuations, unit pricing; the general conditions shall be billed proportionately based on the work performed by the Contractor on other floors of the Building. Landlord shall use commercially reasonable efforts to obtain at least three (3) bids from each trade (other than mechanical, electrical, plumbing and fire/life safety) and shall select the lowest qualified bidder unless otherwise approved by Tenant. Prior to entering into such contract, Landlord shall deliver to Tenant a copy of the Contractor's bid for the Tenant Improvements, and all work with respect to such contract shall be on an open book basis. Landlord shall cause a contractor designated by Landlord (the “Contractor”) Contractor to (i) obtain all applicable building permits for construction of the Tenant Improvements (collectively, the “"Permits”"), and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Landlord shall pay for the cost costs of the design design, permitting and construction of the Tenant Improvements in an amount up to, but not exceeding, TwentyOne Hundred Seventy-Three Six and 00/100 Dollars ($23.00176.00) per rentable square foot of the Premises (i.e., up to Seven Eleven Million Nine Hundred Twenty-Seven Three Thousand Seven Two Hundred SixtyNinety-Six and 00/100 Dollars ($727,766.0011,923.296.00), based on 31,642 67,746 rentable square feet of the Premises Premises) (the “"Allowance”"). The cost of the design design, permitting and construction of the Tenant Improvements shall include Landlord’s 's construction supervision and management fee in an amount equal to the sum of (A) the product of (i) five four percent (54%) and (ii) the amount equal to the sum of the Allowance and the Additional Allowance (if applicable) used by Tenant, and (B) the product of (i) three percent (3%) and (ii) the amount equal to the Over-Allowance Amount (as such term is defined below.) in excess of the portion of the Additional Allowance Tenant elects to use. In any event, such construction supervision and management fee shall be deducted by Landlord from the Allowance and, if applicable, the Additional Allowance. Tenant shall pay for all costs of the design, permitting and construction of the Tenant Improvements in excess of the Allowance (“Over-Allowance Amount”"Over‑Allowance Amount‑"), which MARINA VILLAGE [St. Fxxxxxx] payment payments shall be made to Landlord in cash in installments within ten thirty (1030) days after Tenant’s 's receipt of an invoice therefor thereof from Landlord and(which may be made no more often than monthly) as Landlord incurs such expenses in an amount equal to a fraction of such expenses, in any event, prior to the date Landlord causes the Contractor to commence the actions described in the first sentence numerator of this Section 3. In the event that after Tenant pays which is the Over-Allowance Amount (less the amount of the Additional Allowance Tenant elects to use) and the denominator of which is the sum of the Allowance and the Over-Allowance Amount. If Tenant requests any changes, change orders or modifications to the Approved Working Drawings (which Landlord approves pursuant to Section 1 above) which increase the cost to construct costs of the design, permitting and construction of the Tenant Improvements, Tenant shall pay such increased cost to Landlord immediately upon within thirty (30) days after Landlord’s 's request therefor, and, in any event, prior to the date Landlord causes the Contractor to commence construction of the changes, change orders or modifications. In no event shall Landlord be obligated to pay for for, nor shall the Tenant Improvement Allowance be used to pay for, the costs of any of Tenant’s 's furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the Construction Drawings; the costs of such items shall be paid for by Tenant from Tenant's own funds. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise, any portion of the Allowance not used to pay for the cost costs of the design design, permitting and construction of the Tenant Improvements. Prior Notwithstanding the foregoing, the Over-Allowance Amount shall not include (and Landlord shall be solely responsible for and the Allowance shall not be used for) the following: (a) costs incurred due to the commencement presence of Hazardous Materials in the Premises or the surrounding area; (b) attorneys' fees incurred in connection with negotiation of construction contracts, and attorneys' fees and other costs in connection with disputes with third parties; (c) interest and other costs of financing construction costs; (d) costs incurred as a consequence of delay (other than Tenant Delays), construction defects or default by a contractor; (e) restoration costs as a consequence of casualties; (f) penalties and late charges attributable to Landlord failure to pay construction costs; (g) costs to bring the Project into compliance with applicable laws; (h) overtime and premium time unless approved by Tenant; (i) management, supervision fees or overhead costs incurred by Landlord except the fee described above; and (j) construction costs in excess of the Tenant Improvementsapproved bid from the Contractor, Landlord shall provide Tenant with a preliminary cost estimate except for increases set forth in approved change orders. 879352.05/SD374622-00001/3-28-19/MLT/bp EXHIBIT B-3- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] Any amount of the total cost Allowance and the Additional Allowance unused by Landlord after the expiration of the design and construction first (1st) annual anniversary of the Lease Commencement Date shall be retained by Landlord. Notwithstanding anything above to the contrary, in the event there exists an Over-Allowance Amount, Tenant Improvementsshall have the option, exercisable upon written notice to Landlord prior to the date Tenant is obligated to pay such Over-Allowance Amount, to receive an allowance (the "Additional Allowance") in the amount not to exceed Twenty-Five Dollars ($25.00) per rentable square foot of the Premises, (i.e., up to One Million Six Hundred Ninety-Three Thousand Six Hundred Fifty and 00/100 Dollars ($1,693,650.00) based on 67,746 rentable square feet in the Premises). In the event Tenant exercises such option and as consideration for Landlord providing such Additional Allowance to Tenant, the Base Rent payable by Tenant throughout the entire one hundred twenty-three (123) month initial Lease Term ("Amortization Period") shall be increased by an amount sufficient to fully amortize such Additional Allowance throughout said one hundred twenty-three (123) month period based upon monthly payments of principal and interest, with interest imputed on the outstanding principal balance at the rate of nine percent (9%) per annum (the "Amortization Rent"). By way of illustration, if Tenant utilizes the entire Additional Allowance then the initial Base Rent payable by Tenant under this Lease shall be increased by Twenty-One Thousand One Hundred Thirty-One Dollars and 70/100 ($21,131.70) per month (and such amount shall be subject to the three and one-half percent (3.5%) annual increases set forth in Section 8 of the Summary). In such event, Section 8 of the Summary shall be revised to reflect such increased Base Rent for all time periods under this Lease. Such revised Base Rent schedule shall be memorialized in an amendment to this Lease to be executed by Landlord and Tenant.

CONSTRUCTION AND COSTS OF TENANT IMPROVEMENTS. Landlord shall cause a contractor designated by Landlord (the “Contractor”) to (i) obtain all applicable building permits for construction of the Tenant Improvements (collectively, the “Permits”), and (ii) construct the Tenant Improvements as depicted on the Approved Working Drawings, in compliance with such Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. The parties hereto agree that Landlord shall retain COBE Construction as the Contractor. Landlord shall pay for the cost of the design and construction of the Tenant Improvements in an amount up to, but not exceeding, Twenty-Three and 00/100 Twenty Dollars ($23.0020.00) per rentable square foot of the Premises (i.e., up to Seven One Million Thirty-Four Thousand and Two Hundred Twenty-Seven Thousand Seven Hundred Sixty-Six and 00/100 Twenty Dollars ($727,766.001,034,220.00), based on 31,642 51,711 rentable square feet of the Premises (the “Allowance”). The cost of the design and construction of the Tenant Improvements shall include Landlord’s construction supervision and management fee in an amount equal to the product of (i) five four percent (54%) and (ii) the amount equal to the sum of the Allowance and the Over-Allowance Amount (as such term is defined below.) In the event that the final costs necessary to construct the Tenant Improvements (the “Final Costs”) exceed the Allowance, such excess amount shall pay for all costs in excess of be referred to herein as the Allowance (“Over-Allowance Amount”. If the Final Costs exceed the Allowance, then notwithstanding the provisions of this Tenant Work Letter, with each monthly disbursement of a portion of the Allowance to the Contractor by Landlord, Tenant shall pay to Landlord, within thirty (30) days of receipt of an invoice therefor (which invoice shall have been reviewed and approved by the architect of record), which MARINA VILLAGE [St. Fxxxxxx] payment shall be made to Landlord in cash within ten (10) days after Tenant’s receipt of invoice therefor from Landlord and, in any event, prior an amount equal to the date amount Landlord causes is required to pay the Contractor to commence multiplied by a fraction, the actions described in the first sentence numerator of this Section 3. In the event that after Tenant pays which is the Over-Allowance Amount Tenant requests any changes, change orders or modifications to and the Approved Working Drawings (denominator of which Landlord approves pursuant to Section 1 above) which increase is the cost to construct the Tenant Improvements, Tenant shall pay such increased cost to Landlord immediately upon Landlord’s request therefor, and, in any event, prior to the date Landlord causes the Contractor to commence construction amount of the changes, change orders or modificationsFinal Costs. In no event shall Landlord be obligated to pay for any of Tenant’s furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the Construction Drawings; such items shall be paid for by Tenant. Tenant shall not be entitled to receive in cash or as a credit against any rental or otherwise, any portion of the Allowance not used to pay for the cost of the design and construction of the Tenant Improvements. Prior to the commencement of construction of the Tenant Improvements, Landlord shall provide Tenant with a preliminary cost estimate of the total cost of the design and construction of the Tenant Improvements.