Common use of CONSTRUCTION AND POSSESSION Clause in Contracts

CONSTRUCTION AND POSSESSION. The Tenant Improvements shall be constructed by independent contractors to be employed by and under the supervision of Landlord, as general contractor, in accordance with plans prepared by Dennxx Xxxxx xxx Associates, to be attached as Exhibit "B" ("Working Drawings"). Landlord shall construct the Tenant Improvements in accordance with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. Landlord shall be responsible for and shall pay the cost of the Tenant Improvements up to the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five and No/100 Dollars ($488,405.00) ("Tenant Improvement Allowance"). In the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case shall be reduced at the rate of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have the right to approve the budget of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed the Tenant Improvement Allowance by virtue of Tenant's written approval, Tenant shall pay for such excess costs in cash within thirty (30) days after Landlord has provided Tenant with evidence that Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified by Tenant. Anything to the contrary in the foregoing notwithstanding, Landlord shall provide Tenant with a list of contractors to whom Landlord proposes to let the contract for the Tenant Improvements to be constructed by Landlord hereunder. Tenant shall promptly notify Landlord of any reasonable objections to the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the final selection of a contractor and the letting of any contract to construct the Tenant Improvements. Tenant shall not unreasonably object to the selection of a contractor chosen by Landlord or the terms of the contract for the construction of the Tenant Improvements agreed to by Landlord.

CONSTRUCTION AND POSSESSION. Article 4 of the Lease is hereby deleted and replaced with the following: The Tenant Improvements shall be constructed by independent contractors accept the Expansion Area "as is where is" and, except as set forth in Section 6 below, Landlord has made no agreement to be employed by and under the supervision of Landlord, as general contractor, in accordance with plans prepared by Dennxx Xxxxx xxx Associates, to be attached as Exhibit "B" ("Working Drawings")improve or perform any work thereon. Landlord shall construct the Tenant Improvements in accordance with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. Landlord shall be responsible for constructing improvements in the Premises pursuant to plans that have been approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned ("Tenant Improvements"). Tenant shall submit the plans for such Tenant Improvements to Landlord for review and approval prior to beginning any of the Tenant Improvements. Landlord's approval of such plans shall pay not be considered a representation or warranty that such plans or Tenant Improvements comply with all applicable laws, codes and/or regulations. Tenant shall have the right to select the contractor to build the Tenant Improvements which contractor shall be acceptable to Landlord, which acceptance shall not be unreasonably withheld, delayed or conditioned. Any and all contractors must comply with any and all applicable codes, laws and regulations applicable to the Premises including without limitation Landlord's reasonable rules and regulations applicable to the Premises. Landlord has agreed to provide Tenant with an allowance of $867,750.00 to be used towards the cost of the Tenant Improvements up to the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five and No/100 Dollars ($488,405.00) ("Tenant Improvement the "TI Allowance"). In , which TI Allowance and the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case shall be reduced at the rate of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have the right to approve the budget of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed the Tenant Improvement Allowance by virtue of Tenant's written approval, Tenant shall pay for such excess costs in cash within thirty (30) days after Landlord has provided Tenant with evidence that Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified by Tenant. Anything subject to the contrary in following provisions: (i) any TI Allowance that remains after payment of all of the foregoing notwithstanding, Landlord shall provide Tenant costs associated with a list of contractors to whom Landlord proposes to let the contract for the Tenant Improvements up to a maximum of $110,526.00 will be constructed credited by Landlord hereunder. to Tenant towards the Minimum Rent next becoming due and any amounts remaining which are in excess of such maximum shall promptly notify Landlord belong to Landlord; (ii) the TI Allowance shall be used only for the payment of any reasonable objections costs relating to the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the final selection of a contractor and the letting of any contract to construct the Tenant Improvements. Tenant shall not unreasonably object to the selection of a contractor chosen by Landlord or the terms of the contract for the construction of the Tenant Improvements agreed (including without limitation the costs of preparing plans and construction drawings, the cost of any and all voice and data cabling, and the cost to relocate Tenant's existing employees within the Existing Premises as necessary to perform the construction of the Tenant Improvements; (iii) the Tenant Improvements shall be made by Tenant at the sole cost and expense of Tenant subject to the reimbursement thereof with the TI Allowance and shall be performed in accordance with all provisions of the Lease (including without limitation Article 15 thereof), including compliance with all applicable governmental laws, ordinances and regulations; (iv) Tenant shall be solely responsible for any and all costs of the Tenant Improvements in excess of the TI Allowance; (v) if the cost of the Tenant Improvements is in excess of the TI Allowance ("Excess"), Tenant shall have the option of either paying all costs incurred for such Excess first out of Tenant's funds before any of the TI Allowance is disbursed or depositing Tenant's funds in the amount of the Excess into a construction type escrow to be held and disbursed in accordance with an escrow agreement mutually acceptable to Tenant and Landlord; (vi) it shall be a condition of Landlord's obligation to pay any installment of the TI Allowance for work performed by any contractor or supplier, that Tenant shall provide or cause to be provided to Landlord a copy of all contracts with contractors and subcontractors and contractor's and subcontractor's affidavits and waivers of lien covering all labor and material used and expended for which contractors and subcontractors are requesting payment, all in form and content reasonably satisfactory to Landlord; (vii) it shall be a condition to Landlord's obligation to pay or credit any amount of TI Allowance that Tenant is not then in default under any of the other material terms, covenants and conditions of this Lease beyond any applicable notice and cure period provided for in the Lease; and (viii) the TI Allowance shall be advanced as costs are incurred.. Tenant shall not be responsible for or obligated to pay any fee to or to reimburse Landlord for any expenses associated with Landlord's review, approval or coordination of such Tenant Improvements.

CONSTRUCTION AND POSSESSION. As a material part of this Lease, Tenant agrees to make improvements to the interior of the Premises ("Tenant Improvements") as generally shown on the preliminary space plan, attached as Exhibit "B". The Tenant Improvements shall be constructed by independent contractors to be employed by and under the supervision of Landlord, as general contractor, in accordance with plans prepared by Dennxx Xxxxx xxx Associates, to be attached as Exhibit "B" ("Working Drawings"). Landlord shall construct the Tenant Improvements in accordance with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. Landlord Tenant shall be responsible for and shall pay all costs associated with the cost construction of the Tenant Improvements up with the exception of costs necessary to bring the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five Premises, in their current condition, (i) into compliance with all required existing applicable municipal, local, state and No/100 Dollars federal laws, statutes, rules, regulations and ordinances, including, but not limited to, ADA and Title 24; and ($488,405.00ii) into good working order and repair, including HVAC, plumbing and electrical systems and the parking lot, roof membrane and landscaping. The aforementioned costs ("Tenant Improvement Allowance"). In the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case i) and (ii) shall be reduced at the rate of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not usedborne by Landlord. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have the right to approve the budget Tenant's selection of the architect and contractors associated with design and construction of Tenant Improvements prior Improvements, which approval shall not be unreasonably withheld. If Landlord, for any reason whatsoever, cannot deliver possession of the said Premises to Tenant by the Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event the Commencement Date and Expiration Date of the Lease and all other dates affected thereby shall be revised to conform to the date of Landlord's contracting for delivery of possession. Notwithstanding the improvements. If the cost foregoing, if Landlord cannot deliver possession of the said Premises to Tenant improvements exceed on or before October 1, 1995, Tenant, upon written notice to Landlord, shall be entitled to terminate this Lease without further liability to Landlord or Tenant. The delay in the Tenant Improvement Allowance by virtue commencement of Tenant's written approval, Tenant rent and/or the termination of the Lease provided herein shall pay for such excess costs in cash within thirty (30) days after Landlord has provided be the sole and exclusive remedy of Tenant with evidence that Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified respect by Tenant. Anything to the contrary in the foregoing notwithstanding, Landlord shall provide Tenant with a list of contractors to whom Landlord proposes to let the contract for the Tenant Improvements to be constructed failure by Landlord hereunder. Tenant shall promptly notify Landlord of any reasonable objections to the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the final selection of a contractor and the letting of any contract to construct the Tenant Improvements. Tenant shall not unreasonably object to the selection of a contractor chosen by Landlord or the terms deliver possession of the contract for the construction of the Tenant Improvements agreed to by LandlordPremises.

CONSTRUCTION AND POSSESSION. The Tenant Improvements shall be constructed by independent contractors to be employed by constructed, at Landlord's sole expense, in accordance with the Final Working Drawings and under the supervision of Landlord, as general contractor, in accordance with plans prepared by Dennxx Xxxxx xxx Associates, to be attached as Exhibit "B" ("Working Drawings"). Landlord and shall construct the Tenant Improvements in accordance comply with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. Landlord shall at its sole expense repair all latent defects respecting the Premises and all violations of laws, statutes, rules, regulations and ordinances in effect as of the Commencement Date. Landlord's obligations with respect to the correction of such defects shall be limited to the cost to correct the defective work and Landlord shall not be liable for any consequential damages or other loss or damage incurred by Tenant. Landlord and Tenant have approved the architectural, mechanical and electrical working drawings ("Working Drawings") attached as Exhibit "B", and the scope of work and budget ("Budget") attached as Exhibit "C". Prior to August 3, 1992, Tenant agrees to reduce the scope of work of the Working Drawings so as to reduce the Budget to a maximum cost of Nine Hundred Fifty Thousand and No/100 Dollars ($950,000.00) ("Maximum Tenant Improvement Cost"). Landlord and Tenant shall be responsible for and shall pay the cost of the Tenant Improvements as defined in Exhibit "B" and Exhibit "C" as follows: Landlord shall pay (i) the first 785,160 and (i) Fifty Percent (50%) of the remaining cost up to the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five and No/100 Dollars ($488,405.00) ("Maximum Tenant Improvement Allowance")Cost. In the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case shall be reduced at the rate of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have pay the right to approve the budget balance of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed Improvements. In the event Tenant makes any changes to the Final Working Drawings which increase the Tenant Improvement Allowance cost ("Cost Increase"), the Cost Increase shall be paid for by virtue Tenant in cash within seven (7) days after payment by Landlord to the General Contractor. In the event Tenant makes any changes to the Final Working Drawings after August 3, 1992 which cause the General Contractor's construction schedule to be delayed, the Commencement Date shall occur one (1) day in advance of Substantial Completion as defined below for each day of delay. Landlord shall deliver possession of the Building in good condition and repair, broom clean, reasonable wear and tear excepted, on or before the Intended Commencement Date. Landlord by delivery of possession to Tenant represents that the Building is structurally sound and meets all code requirements as of the Commencement Date. Landlord shall provide a warranty, excluding routine maintenance or damage caused by the negligence or misuse by Tenant's written approval, on the Building for one (1) year from the Commencement Date. If Landlord is unable to deliver possession of the Premises to Tenant on or before the Intended Commencement Date, for whatever reason, Landlord shall not be in default under this Lease, nor shall this Lease be void, voidable or cancelable by Tenant until the lapse of forty five (45) days after the Intended Commencement Date (the "Delivery Grace Period"); however, the Lease Commencement Date shall not be deemed to have occurred until such date as Landlord notifies Tenant that the Premises are ready for occupancy and substantial completion of the Premises has occurred. Notwithstanding the foregoing, the Delivery Grace Period shall be extended one day for every day of delay in completion caused by labor strikes, material shortages, inclement weather, or other causes beyond the reasonable control of Landlord. If Landlord is unable to deliver possession of the Premises to Tenant within the Delivery Grace Period, Tenant shall pay be entitled to rental abatement hereunder of one day's rent for such excess costs each day beyond said 45-day period in cash within thirty (30) days after Landlord has provided which the Premises are not substantially complete. The delay in the commencement of rent shall be the sole and exclusive remedy of Tenant with evidence that Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified respect by Tenant. Anything to the contrary in the foregoing notwithstanding, Landlord shall provide Tenant with a list of contractors to whom Landlord proposes to let the contract for the Tenant Improvements to be constructed failure by Landlord hereunder. Tenant shall promptly notify Landlord of any reasonable objections to achieve substantial completion within the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the final selection of a contractor and the letting of any contract to construct the Tenant Improvements. Tenant shall not unreasonably object to the selection of a contractor chosen by Landlord or the terms of the contract for the construction of the Tenant Improvements agreed to by Landlorddelivery grace period.

CONSTRUCTION AND POSSESSION. The Tenant Improvements shall be constructed by independent contractors to be employed by and under the supervision of Landlord, as general contractor, in accordance with plans prepared by Dennxx Xxxxxx Xxxxx xxx & Associates, to be attached as Exhibit "B" ("Working Drawings"). Inc. Landlord shall construct the Tenant Improvements in accordance with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. Landlord shall be responsible for and shall pay the cost of the Tenant Improvements up to the amount of Six Hundred Sixty Four Thousand Seven Hundred Eighty-Eight Thousand Four Hundred Five Ninety and No/100 Dollars ($488,405.00664,790.00) ("Tenant Improvement Allowance"). In the event the cost of Tenant Improvements is more than the Tenant Improvement Allowance, the monthly rental under the Lease shall be increased at the rate of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the increase in the Tenant Improvement Allowance up to a maximum increase in the Tenant Improvement Allowance of Three Hundred Thirty Two Thousand Three Hundred Ninety Five and No/100 Dollars ($332,395.00). In the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case Lease shall be reduced at the rate of Fifteen Ten Dollars ($15.0010.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half Nine percent (8.59%) to cover all Landlord's Costs and Expenses including but riot limited toof the following: a field superintendent superintendent, temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the interest. Costs in excess of said allowance without Tenant's prior approval Tenant shall have the right to approve the budget of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed the Tenant Improvement Allowance Allowance, if any, shall be paid for by virtue of Tenant's written approval, Tenant shall pay for such excess costs in cash within thirty ten (3010) days after Landlord has provided Tenant with evidence that Landlord's progress payments to subcontractors sub-contractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified by Tenant. Anything to Landlord and Tenant have approved the contrary in preliminary working drawings ("Preliminary Working Drawings") attached as Exhibit "B" and the foregoing notwithstandingpreliminary budget for the Tenant Improvement costs ("Preliminary Budget") attached as Exhibit "C". Based on this information, Landlord shall provide Tenant with a list of contractors to whom Landlord proposes to let prepare the contract final working drawings ("Final Working Drawings") attached as Exhibit "D" and final budget for the Tenant Improvements Improvement costs ("Final Budget") attached as Exhibit "E". In the event the Final Budget exceeds the Tenant Improvement Allowance, Landlord shall have the right to require Tenant to post a letter to credit to secure Tenant's reimbursement obligation for the difference between the Final Budget and the Tenant Improvement Allowance. In the event Tenant makes any changes to the Final Working Drawings which cause Landlord's construction schedule to be constructed by Landlord hereunder. Tenant delayed, the Commencement Date shall promptly notify Landlord occur one (1) day in advance of any reasonable objections to the use Substantial Completion as defined below for each day of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the final selection of a contractor and the letting of any contract to construct the Tenant Improvements. Tenant shall not unreasonably object to the selection of a contractor chosen by Landlord or the terms of the contract for the construction of the Tenant Improvements agreed to by Landlorddelay.

CONSTRUCTION AND POSSESSION. The Tenant Interior Improvements shall be constructed by independent contractors to be employed by and under the supervision of Landlord, as general contractor, in accordance with the preliminary plans prepared by Dennxx Xxxxx xxx Jxxx Xxxx and Associates, to be attached as Exhibit "“B" ” ("Working Drawings")“Preliminary Floor Plans”) and Guideline Specifications attached as Exhibit “C”. Landlord shall construct the Tenant Interior Improvements in accordance with the Final Tenant Floor Plans to be a consistent evolution of Exhibit “B” to be attached as Exhibit “D”. The Final Tenant Floor Plans shall provide for a minimum buildout of HVAC, lighting, sprinklers, T bar ceiling, and floor covering in all existing applicable municipalof the Building except those areas outlined in blue on Exhibit “B”. Landlord shall prepare for Tenant’s approval a not to exceed budget (“Budget”) to be attached as Exhibit “E” based on the Final Tenant Floor Plans. Tenant shall have the right to modify the Final Tenant Floor Plans to reduce the scope of work if it is dissatisfied with the Budget prior to the start of construction, localhowever, state in no event shall the Tenant Interior Improvements be less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00). All such Tenant Interior Improvements outlined on Exhibit “C” and federal laws, statutes, rules, regulations “D” shall belong to Landlord at the expiration or sooner termination of this Lease. All costs for Tenant Interior Improvements shall be fully documented to and ordinancesverified by Tenant. Landlord shall be responsible for and shall pay the cost of the Tenant Interior Improvements up to the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five and No/100 Dollars ONE MILLION EIGHT HUNDRED FIFTY THREE THOUSAND NINE HUNDRED FORTY AND NO/100 DOLLARS ($488,405.001,853,940.00) ("“Tenant Interior Improvement Allowance”). Tenant shall pay, upon Substantial completion, an amount determined by subtracting the Tenant Interior Improvement Allowance from the actual Tenant Improvement Allowance")cost. In no event shall the event the cost of Tenant Improvements is less than the actual Tenant Improvement Allowancecosts exceed the Budget, unless the monthly rental under Budget is increased by change orders which modify the f case shall be reduced at the rate scope of Fifteen Dollars ($15.00) per month for each One Thousand Dollars ($1,000.00) of the Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervisionwork outlined on Exhibit “D”, and coordination; financing feesprovided further, said change orders are initiated and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have the right to approve the budget of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed the Tenant Improvement Allowance by virtue of Tenant's written approval, Tenant shall pay for such excess costs approved in cash within thirty (30) days after Landlord has provided Tenant with evidence that Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budget. All costs for Tenant Improvements shall be fully documented to and verified writing by Tenant. Anything to the contrary in the foregoing notwithstanding, Landlord shall provide use its best efforts to deliver possession of the Building to Tenant with a list of contractors to whom Landlord proposes to let the contract for the all Tenant Interior Improvements to be constructed by Landlord hereunder. Tenant shall promptly notify Landlord of any reasonable objections to the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the final selection therein Substantially Complete as defined below one hundred twenty (120) calendar days from receipt of a contractor and the letting of any contract to construct the Tenant Improvements. Tenant shall not unreasonably object to the selection of a contractor chosen by Landlord or the terms of the contract building permit for the construction of the Tenant Interior Improvements agreed (“Best Efforts Completion Date”). Landlord agrees to commence construction after approval of the Budget, (but in no event prior to 11/15/88), and diligently pursue completion of construction. If on the date which is one hundred twenty (120) calendar days after the date Landlord receives said building permit for the construction of the Tenant Interior Improvements (“Rent Credit Date”) the Tenant Interior Improvements are not yet Substantially Complete, Tenant shall receive a credit against rent otherwise payable equal to two days of rent for every one day of delay subsequent to such date and before the Improvements are Substantially Complete. Notwithstanding the foregoing, the Best Efforts Completion Date and the Rent Credit Date shall be extended one day for every day of delay in completion caused by labor strikes, material shortages, inclement weather, or other causes beyond the reasonable control of Landlord up to a maximum extension period of two (2) months, and shall be further extended one day for every day of delay caused by Tenant, either from interference with Landlord’s work, or as a consequence of change orders requested by Tenant. However, the Best Efforts Completion Date and the Rent Credit Date shall not be extended as a consequence of any delay caused by Landlord. Except as provided above, if Landlord, for any reason whatsoever, cannot deliver possession of either Building to Tenant on or before the date by which Landlord is to use its best efforts to complete construction of Tenant Interior Improvements for the Building, as specified, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event the termination date of the Lease to expire on the date which is one hundred twenty (120) months from the date on which the Building is first Substantially Complete.

CONSTRUCTION AND POSSESSION. The Tenant Interior Improvements and Building Shell shall be constructed by independent contractors to be employed by and under the supervision of LandlordSobrato Construction Corporation, as general contractor. The final plans for such Interior Improvements shall be prepared as expeditiously as possible and shall be subject to the reasonable approval by the parties, in accordance with plans prepared by Dennxx Xxxxx xxx Associates, to which approval shall not be attached as Exhibit "B" ("Working Drawings")unreasonably withheld or delayed. Landlord shall construct the Tenant Interior Improvements and Building Shell in accordance with all existing applicable municipal, local, state and federal laws, statutes, rules, regulations and ordinances. The Building Shell and Tenant Interior Improvements are generally described in Exhibit E. The final plans shall be consistent with Exhibit E and shall be based upon and consistent with the plan for the Building Shell attached as Exhibit A, and with the Tenant Floor Plans to be submitted as provided in Exhibit E. Landlord shall be responsible for and shall pay the entire cost of the Building Shell. Costs for all Tenant Interior Improvements up to the amount of Four Hundred Eighty-Eight Thousand Four Hundred Five and No/100 Dollars ($488,405.00) ("Tenant Improvement Allowance"). In the event the cost of Tenant Improvements is less than the Tenant Improvement Allowance, the monthly rental under the f case shall be reduced at the rate of Fifteen Dollars ($15.00) per month paid for each One Thousand Dollars ($1,000.00) of the by Tenant Improvement Allowance not used. The cost of the Tenant Improvements including fit-up of special areas shall include a fee of eight and one half percent (8.5%) to cover all Landlord's Costs and Expenses including but riot limited to: a field superintendent temporary on-site facilities; home office administration, supervision, and coordination; financing fees, and construction interest Landlord hereby guarantees that, under no circumstance, will the expense for Tenant Improvements exceed the said allowance without Tenant's prior approval Tenant shall have the right to approve the budget of the Tenant Improvements prior to the Landlord's contracting for the improvements. If the cost of the Tenant improvements exceed the Tenant Improvement Allowance by virtue of Tenant's written approval, Tenant shall pay for such excess costs in cash within thirty ten (3010) days after Landlord has provided Tenant with written evidence that of Landlord's progress payments to subcontractors has exceeded said Tenant Improvement budgetsub-contractors. Landlord to retain 10% from progress payment to sub-contractors until completion of punch list corrective work. All costs for Tenant Interior Improvements shall be fully documented to and verified by Tenant. Anything Tenant reserves the right to require Landlord to secure three competitive bids from sub-contractors on any item costing in excess of TWENTY FIVE THOUSAND AND 00/100 ($25,000.00) DOLLARS. Landlord and Tenant to execute a standard construction contract containing provisions customarily contained in such contracts providing reasonable protection to the contrary in interests of the foregoing notwithstanding, Landlord shall provide Tenant with a list of contractors to whom Landlord proposes to let the contract for the Tenant Improvements to be constructed by Landlord hereunderparties. Tenant shall promptly notify Landlord of any reasonable objections to the use of any such contractor and shall also provide Landlord with the name of any contractor Tenant desires to have an opportunity to bid on the contract to construct the Tenant Improvements. Landlord will consult with Tenant in the The final selection of a contractor and the letting successful sub-contractors for the interior improvements shall be subject to Tenant's approval. Upon receipt of all competitive bids, Tenant shall retain the right to negotiate with any contract subcontractor subject to construct the Tenant Improvementsreasonable approval of Lessor. Tenant shall not unreasonably object to have the right to record a chattel mortgage, personal property lease, or other security interest on the lease hold improvements that it has paid for and that have become an integral part of the real estate; Tenant's rights hereunder will revert to the selection of a contractor chosen by Landlord or upon Tenant's surrender at the terms end of the contract for the construction term or sooner termination of the Tenant Improvements agreed to by Landlordthis Lease.