Common use of Construction Contract Clause in Contracts

Construction Contract. After the Final Plans and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretion, but as of the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Work.

Construction Contract. After Landlord and Tenant shall cooperate --------------------- to cause the Final Plans Interior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with the procedures set forth in subparagraph 4D (1) hereof. (1) The Interior Improvements will be constructed pursuant to a "fixed price" construction contract awarded to a general contractor selected by Landlord and Specifications are completed and approved by Tenant. Landlord has submitted to Tenant Landlord's recommendation of the general contractor --▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Inc. -- which Tenant has approved. Landlord shall submit to Tenant the terms of the "fixed price" construction contract for the Interior Improvements for Tenant's approval, Landlord promptly which shall obtain bids from at least be deemed given if objection is not made by Tenant within three (3) qualified business days after receipt of such proposal from landlord. Subject to mutual agreement of Landlord and Tenant, the general contractors (in Landlord’s sole discretion, but as of the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant construction contract will provide the contractors with an appropriate confidentiality agreement. Within seven that major subcontractors for electrical, plumbing, mechanical and HVAC, (7) days after bids are received, as well as all other subcontractors as to which Landlord and Tenant agree) for the Interior Improvements shall meet be engaged on a "design-build" basis where Tenant shall have the right to review reasonably approve such subcontractors. Tenant shall have the bids and pricing for alternatives listed right to approve the total Interior Improvement Costs. After all such costs are known, in the event that Tenant does not approve the total Interior Improvement Costs, Tenant may request that changes be made to the Final Interior Plans and Specifications. Tenant, with (subject to Landlord’s consent 's approval which shall not be unreasonably withheld or delayed) for the purpose of lowering the total Interior Improvement Costs. Other major subcontracts shall go through the bid process, may request wherein Tenant shall have the Architect right to modify reasonably approve such subcontractors and to have major subcontracts rebid if Tenant does not approve the bid. Delays caused by any modifications to the Final Interior Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request rebidding or re-pricing requested by Tenant shall be deemed delays caused by Tenant for purposes of Paragraph 7 hereof. (2) Landlord and Tenant shall use their best efforts to approve the subcontractors so that the construction contract may be a Tenant Delay (executed as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Worksoon as possible.

Construction Contract. After Tenant shall engage the Final Plans Contractor pursuant to a mutually approved contract form (collectively, the "Contract"). Landlord shall advise Tenant within five (5) business days after Landlord's receipt of the final form of the Contract, that it is either (i) approving the Contract, (ii) approving the Contract subject to specified conditions, which conditions must be stated in a reasonably clear and Specifications are completed complete manner, or (iii) disapproving and approvedreturning the Contract to Tenant with requested revisions. If Landlord disapproves the Contract, Tenant may resubmit the Contract to Landlord promptly at any time, and Landlord shall obtain bids from at least approve or disapprove the resubmitted Contract within three (3) qualified general contractors (business days after Landlord receives such resubmitted Contract. Such procedure shall be repeated until the Contract is approved. If Landlord has not timely approved the Contract within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in Landlord’s sole discretion, but as the deemed approval of the date hereof anticipated Contract most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the terms of the Lease, shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE CONTRACT," and agreed shall also be sent via electronic mail to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification 's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the Contract within three (3) business days after its receipt of the costs of alternative items reminder notice identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of preceding sentence, then the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request Contract shall be deemed to be a Tenant Delay (as have been approved by Landlord; provided, however, in no event shall such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating "deemed approval" occur to the Landlord’s Wordextent the parties are in discussions regarding the Contract, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have provisions thereof or the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workdetails contained therein.

Construction Contract. After Landlord and Tenant shall cooperate to ---------------------- cause the Final Plans and Specifications are completed and approvedInterior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with the procedures set forth in subparagraph 4D (1) hereof. (1) The job of constructing the Interior Improvements shall be offered for "competitive bid", Landlord promptly shall obtain bids from at least on a fixed price basis, to three (3) qualified general contractors (in Landlord’s sole discretion, but as of selected by Landlord and approved by Tenant. The construction contract shall be awarded to the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform bidder submitting the Landlord’s Work, including identification of lowest responsive bid for the costs of alternative items identified in the Final Plans and Specificationsjob. Landlord shall provide submit to Tenant with either a copy list of general contractors acceptable to Landlord to whom the bids or the ability to review the bids as they relate to the Tenant Improvementsjob may be bid, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet notify Landlord within three (3) business days after receipt of such list of its objection to review the bids and pricing for alternatives listed in the Final Plans and Specificationsany proposed contractor. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect 's failure to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from object within such request period of time shall be deemed to be a Tenant Delay its approval of all bidders on the list so submitted by Landlord. If the lowest responsive bid resulting from such competitive bidding process indicates that the Interior Improvement Costs will exceed $511,488.00 Dollars (as such term is further defined in $12.00 per gross leasable square foot of the Lease and in this Work LetterPremises). When a bid is acceptable to both parties, Landlord shall promptly endeavor notify Tenant, in writing, to enter a binding construction agreement that effect, and Tenant shall have the right to propose modifications to the Final Interior Plans within five (5) business days after Tenant's receipt of Landlord's notice, subject to Landlord's approval of such changes, for the “Construction Contract”) with purpose of reducing the Interior Improvement costs. Such revision of the final Interior Plans shall be completed as expeditiously as possible; provided, however, that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, job shall nonetheless be awarded to the lowest responsive bidder whose price shall be adjusted based upon the changes requested by Page Four Tenant and approved by Landlord made to the Final Interior Plans; and (ii) coordinate all construction meansif Tenant should choose to exercise its right to modify the final Interior Plans for the purpose of reducing the Interior Improvement costs, methods, techniques, sequences, any delay resulting from the failure by Tenant to timely exercise its right to do so shall be a delay caused by Tenant for purposes of paragraph 7 hereof. (2) Landlord and procedures relating Tenant shall use their best efforts to approve the Landlord’s Word, (iii) coordinate all contractors’ work general contractor and all other contractors and subcontractors relating to so that the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workconstruction contract may be executed as soon as possible.

Construction Contract. After Landlord and Tenant shall cooperate to cause the Final Plans and Specifications are completed and approvedInterior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with the procedures set forth in subparagraph 4D (1) hereof. (1) The job of constructing the Interior Improvements shall be offered for "competitive bid", Landlord promptly shall obtain bids from at least on a fixed price basis, to three (3) qualified general contractors (in Landlord’s sole discretion, but as of selected by Landlord and approved by Tenant. The construction contract shall be awarded to the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform bidder submitting the Landlord’s Work, including identification of lowest bid for the costs of alternative items identified in the Final Plans and Specificationsjob. Landlord shall provide submit to Tenant with either a copy list of general contractors acceptable to Landlord to whom the bids or the ability to review the bids as they relate to the Tenant Improvementsjob may be bid, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet notify Landlord within three (3) business days after receipt of such list of its objection to review the bids and pricing for alternatives listed in the Final Plans and Specificationsany proposed contractor. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect 's failure to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from object within such request period of time shall be deemed to be a Tenant Delay (as such term is further defined in its approval of all bidders on the Lease and in this Work Letter)list so submitted by Landlord. When a bid is acceptable to both parties, Landlord shall promptly endeavor notify Tenant, in writing, of the amount of the lowest bid, including a comprehensive, detailed line-item budget, and Tenant shall have the right to enter a binding construction agreement propose modifications to the Final Interior Plans within five (the “Construction Contract”5) with that bidder (“Contractor”) business days after Tenant's receipt of Landlord's notice, subject to perform Landlord’s Work's approval of such changes. Landlord shall (i) have complete control over not exceed the Landlord’s Workapproved bid for any line item without Tenant's prior written approval. Such revision of the final Interior Plans shall be completed as expeditiously as possible; provided, (ii) coordinate all construction meanshowever, methods, techniques, sequences, and procedures relating that the job shall nonetheless be awarded to the Landlord’s Word, low bidder whose price shall be adjusted based upon the changes requested by Tenant and approved by Landlord made to the Final Interior Plans. (iii2) coordinate all contractors’ work Landlord and Tenant shall use their best efforts to approve the general contractor and all other contractors and subcontractors relating to so that the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workconstruction contract may be executed as soon as possible.

Construction Contract. After Landlord and Tenant shall cooperate to cause the Final Plans Interior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with whichever of the procedures set forth in either subparagraph 4D (1) or 4D (2) hereof that is approved by Landlord and Specifications are completed Tenant; provided, however, that if Landlord and approvedTenant do not agree on which method to use for selecting the general contractor and awarding the construction contact within five (5) days after either party requests the other to approve one of the two methods set forth herein, Landlord promptly then the general contractor shall obtain bids from be selected and the general construction contract awarded in accordance within the provisions of subparagraph 4D (1) hereof (1) The job of constructing the Interior Improvements shall be offered for "competitive bid", on a fixed price basis, to at least few three (3) qualified but no more than five (5) general contractors (in reasonably approved by Landlord and Tenant. The construction contract shall be awarded to the bidder selected by Tenant and reasonably approved by Landlord’s sole discretion, but as of who may or may not be the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform bidder submitting the Landlord’s Work, including identification of lowest bid for the costs of alternative items identified in the Final Plans and Specificationsjob. Landlord shall provide submit to Tenant with either a copy list of general contractors acceptable to Landlord to whom the bids or the ability to review the bids as they relate to the Tenant Improvementsjob may be bid, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet notify Landlord within three (3) business days after receipt of such fist of its objection to review the bids and pricing for alternatives listed in the Final Plans and Specificationsany proposed contractor. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect 's failure to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from object within such request period of time shall be deemed to be its approval of all bidders on the list so submitted by Landlord. (2) The Interior Improvements may be constructed pursuant to a Tenant Delay (as such term is further defined in the Lease "cost plus" construction contract awarded to a general contractor selected by Landlord and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Workapproved by Tenant. Landlord shall submit to Tenant Landlords recommendation of the general contractor and the terms of the *cost plus" construction contract for the Interior Improvements for Tenant's approval, which shall be deemed given if objection is not made by Tenant within two (2) business days after receipt of such proposal from Landlord. If this method of awarding the construction contract is selected, the general construction contract shall provide that all major subcontractors for the Interior Improvements shall be chosen by a competitive bid process where (i) Tenant shall have complete control over the Landlord’s Workright to approve subcontractors who bid on specific parts of the job, and (ii) coordinate all construction meansTenant shall have the right to cause a major subcontract to rebid if Tenant does not approve the low bid, methods, techniques, sequences, if such low bid would cause the total Interior Improvement. Costs to exceed the amount stated in Paragraph 2 of the First Addendum to Lease and procedures relating requests that changes be made to the Final Interior Plans (subject to Landlord’s Word, 's approval) for the purpose of lowering the total Interior Improvement Costs to a level that does not exceed the amount stated in Paragraph 2 of the First Addendum to Lease. Delays caused by any modifications to the Final Interior Plans and rebidding requested by Tenant shall be deemed delays caused by Tenant for Purposes of paragraph 7 hereof. (iii3) coordinate all contractors’ work Landlord and Tenant shall use their best efforts to approve the general contractor and all other contractors and subcontractors relating to so that the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workconstruction contract may be executed as soon as possible. 4.

Construction Contract. After Tenant shall enter into a construction contract for the Final Plans and Specifications are completed and approvedNew Premises Improvements directly with the Tenant’s Contractor, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretion, but as of the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate subject however to the Tenant Improvementsfollowing terms and conditions: a. All Material Change Orders shall be subject to the approval of Landlord, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which approval shall not be unreasonably withheld withheld, conditioned or delayed. b. Tenant’s Contractor (or Tenant) shall specifically be required to carry insurance in the types and amounts set forth on Exhibit C-1 attached hereto in connection with such construction, may request for the Architect benefit of Tenant, Landlord, and Tenant’s Contractor. c. Neither Tenant’s Contractor, nor any of its subcontractors, shall be permitted to modify unreasonably interfere with the Final Plans and Specifications and thereafter Landlord to submit work of Landlord’s contractors or subcontractors otherwise performing work within the Building. Tenant shall be responsible for any damage to the general contractors for another bidNew Premises or the Building (including the premises of other tenants) directly caused by Tenant’s Contractor, but or any delay resulting from such request of its subcontractors. d. Tenant shall be deemed cause the Tenant’s Contractor to be a diligently proceed with the completion of construction of the New Premises Tenant Delay (as such term is further defined Improvements after commencement thereof, in accordance with the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s WorkPlans. Landlord shall not be responsible to Tenant for any defects in the New Premises Tenant Improvements caused by the construction; Tenant shall be primarily responsible for resolving any claims of construction defects with Tenant’s Contractor or Tenant’s Architect (i) have complete control over the Landlordas hereinafter defined), but Landlord and Tenant agree to cooperate in this regard. e. Landlord may submit a list of approved subcontractors for consideration by Tenant’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) Contractor. Landlord will have the exclusive right to direct review and supervise reasonably approve Tenant’s subcontractor list once the working forces, including subcontractors, performing the Landlordconstruction contract has been awarded to Tenant’s WorkContractor.

Construction Contract. After the Final Plans and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretion, but as Lessor will enter into a construction contract for construction of the date hereof anticipated Building and agreed to the Leasehold Improvements with a contractor or contractors who shall be Ideal Buildersfrom a list of contractors approved by Lessee, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which approval shall not be unreasonably withheld or withheld, delayed, or conditioned. If required by Tenant, the final plans and specifications for the Leasehold Improvements shall be submitted for bid to at least three contractors from the approved list of contractors. Lessor shall provide copies of the bids to Lessee and Lessee may request discuss the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit bids with such contractors so long as Lessee acts reasonably. Lessor will keep Lessee informed as to the bidding and contracting process. Lessor will award the construction contract for the Leasehold Improvements to the lowest bidder unless directed otherwise by Lessee. Each construction contract shall identify by line item breakdown, the entire construction cost of the Building and the Leasehold Improvements, separately designated and identified including the additional cost attributable to more than 400 feet in skylights. Each construction contract shall include a guaranteed maximum price, subject to increases only for the matters recited in the AIA form general contractors for another bidconstruction contract and change orders initiated or approved by Lessee. If the construction cost of the Leasehold Improvements, but as set out in the construction contract, including any delay increases resulting from such request change orders initiated or approved by Lessee in writing, exceeds Lessee's Improvement Allowance, Lessor shall pay the excess to the contractor as and when due and Lessee shall be deemed responsible for reimbursement to be Lessor of the excess [Graphics Omitted of: Network/Evan▇ ▇▇▇ceptual Site Grading and Utility Plan Redmond East Business Campus (Evan▇ ▇▇▇perty) Redmond East (Evan▇ ▇▇▇perty) Redmond East Business Campus (Evan▇ ▇▇▇perty)] (herein "Lessee's Share"). Lessee shall have the option to pay all or a Tenant Delay (portion of Lessee's Share in cash on the Commencement Date or to increase the Basic Rental payable under this Lease by $0.008 per square foot for each $0.50 per square foot of the cost of the Leasehold Improvements above Lessee's Improvement Allowance if and to the extent not paid in cash on the Commencement Date. If the construction cost for the Leasehold Improvements as such term is further defined set out in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forcescontract, including subcontractorsany increases for change orders initiated or approved by Lessee, performing is less than Lessee's Improvement Allowance, the Landlord’s Workdifference will be paid by Lessor to Lessee in cash on the Commencement Date (or as soon thereafter as the amount due can be calculated with certainty).

Construction Contract. After Tenant’s construction contract and general conditions with Contractor (the Final Plans and Specifications are completed and approved, Landlord promptly “Contract”) shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretion, but as comply with all relevant provisions of this Work Agreement. Prior to the commencement of the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification construction of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessaryTenant shall provide Landlord with a schedule of values consisting of a detailed breakdown, by trade, of the final costs to be incurred or which have been incurred, for all Allowance Items in connection with the design and construction of the Tenant will provide Improvements, which costs form the contractors with an appropriate confidentiality agreementbasis for the amount of the Contract (“Final Costs”). Within seven (7) days after bids are receivedPrior to the commencement of construction of the Tenant Improvements, Landlord and Tenant shall meet to review identify the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement amount (the “Construction ContractOver-Allowance Amount”) equal to the difference between the amount of the Final Costs and the amount of the Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the commencement of construction of the Tenant Improvements). In the event that the Final Costs are greater than the Allowance (such excess, the “Over-Allowance Amount”), then Landlord will reimburse Tenant on a monthly basis, as described in Section 1.2(b)(ii) above, for a percentage of each amount requested by the Contractor or otherwise to be disbursed under this Work Agreement, which percentage shall be equal to the Allowance divided by the amount of the Final Costs (after deducting from the Final Costs any amounts expended in connection with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequencespreparation of the Construction Drawings, and procedures the cost of all other Allowance Items incurred prior to the commencement of construction of the Tenant Improvements), and Tenant shall be solely responsible for any Over-Allowance Amount. If, after the Final Costs have been initially determined, the costs relating to the design and construction of the Tenant Improvements shall change, any additional costs for such design and construction in excess of the Final Costs shall be added to the Over-Allowance Amount and the Final Costs, and Landlord’s Wordreimbursement percentage, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating shall be recalculated in accordance with the terms of the immediately preceding sentence. Notwithstanding anything set forth herein to the Landlord’s Workcontrary, construction of the Tenant Improvements shall not commence until Tenant has procured and (iv) have delivered to Landlord a copy of all Permits for the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workapplicable Tenant Improvements.

Construction Contract. After the Final Plans and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in LandlordPrior to Tenant’s sole discretion, but as execution of the date hereof anticipated construction contract and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform general conditions with Contractor (the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary“Contract”), Tenant will provide shall submit the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are receivedContract to Landlord for its approval, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which approval shall not be unreasonably withheld or delayed. Prior to the commencement of the construction of the Tenant Improvements, may request Tenant shall provide Landlord with a schedule of values consisting of a detailed breakdown, by trade, of the Architect final costs to modify be incurred or which have been incurred, for all Tenant Improvement Allowance Items in connection with the design and construction of the Tenant Improvements, which costs form the basis for the amount of the Contract (“Final Costs”). Prior to the commencement of construction of the Tenant Improvements, Landlord and Tenant shall identify the amount equal to the difference between the amount of the Final Plans Costs and Specifications the amount of the Tenant Improvement Allowance (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the commencement of construction of the Tenant Improvements), the "Over-Allowance Amount", and thereafter Landlord will reimburse Tenant on a monthly basis, as described in Section 1.2(b)(ii) above, for a percentage of each amount requested by the Contractor or otherwise to submit be disbursed under this Work Agreement, which percentage shall be equal to the general contractors for another bidTenant Improvement Allowance divided by the amount of the Final Costs (after deducting from the Final Costs any amounts expended in connection with the preparation of the Construction Drawings, but any delay resulting from such request and the cost of all other Tenant Improvement Allowance Items incurred prior to the commencement of construction of the Tenant Improvements), and Tenant shall be deemed to be a Tenant Delay (as such term is further defined in solely responsible for any Over-Allowance Amount. If, after the Lease and in this Work Letter). When a bid is acceptable to both partiesFinal Costs have been initially determined, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures costs relating to the design and construction of the Tenant Improvements shall change, any additional costs for such design and construction in excess of the Final Costs shall be added to the Over-Allowance Amount and the Final Costs, and Landlord’s Wordreimbursement percentage, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating shall be recalculated in accordance with the terms of the immediately preceding sentence. Notwithstanding anything set forth herein to the Landlord’s Workcontrary, construction of the Tenant Improvements shall not commence until Tenant has procured and (iv) have delivered to Landlord a copy of all Permits for the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workapplicable Tenant Improvements.

Construction Contract. After Each of Seller and ▇▇▇▇▇▇▇▇▇ confirms, acknowledges, covenants and agrees as follows: (a) The Land is presently under development and construction and that Seller has entered into a CCDC 14 Design-Build Stipulated Price Contract (2013) dated April 18, 2022 between NYX ▇▇▇ ▇▇▇▇▇ Storage LP and Rossclair Contractors Inc. (the Final Plans Construction Contract); (b) Subject to the other provisions of this Section 4.4, the Construction Contract to the extent assumable by Purchaser, shall be assumed by and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretion, but as be the responsibility of the date hereof anticipated Purchaser from and agreed after the Closing Date pursuant to be Ideal Builders, Harmony Construction, an assignment and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction assumption agreement (the “Construction Contract”Assumption Agreement) with that bidder (“Contractor”) to perform Landlord’s Workentered into on Closing. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, All costs and procedures expenses relating to the Landlord’s Wordassignment and assumption of such Construction Contract, including in respect of obtaining the consent of Rossclair Contractors Inc. in respect thereof (iiithe Consent), shall be for the sole cost and expense of Seller. (c) coordinate Seller shall be responsible for the performance of all contractors’ work covenants and obligations of the “Owner” pursuant to the Construction Contract up to (but not including) the Closing Date and all other contractors and subcontractors relating payments accruing pursuant thereto as at the Closing Date. (d) Purchaser shall receive a credit on the Statement of Adjustments in an amount equivalent to the Landlord’s Workrequisite holdback to be maintained by Seller in respect of the Construction Contract pursuant to and in compliance with the Construction Act (Ontario). (e) Any adjustments and/or payments to be made and/or accruing in respect of the Construction Contract shall be quantified and certified by the quantity surveyors or other consultant retained pursuant to the Construction Contract, which quantifications and certifications, absent manifest error, shall be final and binding on Seller and Purchaser. (f) Notwithstanding any other provision in this Agreement, in the event that the Seller is unable to obtain consent for the assignment and assumption of the Construction Agreement to the Purchaser on Closing, the Seller may terminate the Construction Agreement, at its sole cost and expense, and shall thereafter be relieved of the obligation to assign the Construction Agreement to the Purchaser on Closing. (ivg) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s WorkThis Section 4.4 shall survive Closing.

Construction Contract. After Landlord and Tenant shall cooperate to --------------------- cause the Final Plans Interior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with whichever of the procedures set forth in either subparagraph 4D (1) or 4D (2) hereof that is approved by Landlord and Specifications are completed Tenant; provided, however, that if Landlord and approvedTenant do not agree on which method to use for selecting the general contractor and awarding the construction contact within five (5) days after either party requests the other to approve one of the two methods set forth herein, Landlord promptly then the general contractor shall obtain bids from at least be selected and the general construction contract awarded in accordance within the provisions of subparagraph 4D (1) hereof. (1) The job of constructing the Interior Improvements shall be offered for "competitive bid", on a fixed price basis, to three (3) qualified general contractors (in Landlord’s sole discretion, but as of selected by Landlord and approved by Tenant. The construction contract shall be awarded to the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform bidder submitting the Landlord’s Work, including identification of lowest bid for the costs of alternative items identified in the Final Plans and Specificationsjob. Landlord shall provide submit to Tenant with either a copy list of general contractors acceptable to Landlord to whom the bids or the ability to review the bids as they relate to the Tenant Improvementsjob may be bid, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet notify Landlord within three (3) business clays after receipt of such list of its objection to review the bids and pricing for alternatives listed in the Final Plans and Specificationsany proposed contractor. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect days failure to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from object within such request period of time shall be deemed to be a Tenant Delay its approval of all bidders on the list so submitted by Landlord. If the lowest bid resulting from such competitive bidding process indicates that the Interior Improvement Costs will exceed $70,000.00 Dollars (as such term is further defined in $10.00 per gross leasable square foot of the Lease and in this Work LetterExpansion Space). When a bid is acceptable to both parties, Landlord shall promptly endeavor notify Tenant, in writing, to enter that effect, and Tenant shall have the right to propose modifications to the Final Interior Plans within five (5) business days after Tenant's receipt of Landlord's notice, subject to Landlord's approval of such changes, for the purpose of reducing the Interior Improvement costs. Such revision of the final Interior Plans shall be completed as expeditiously as possible; provided, however, that (i) the job shall nonetheless be awarded to the low bidder whose price shall be adjusted based upon the changes requested by Tenant and approved by Landlord made to the Final Interior Plans; and (ii) if Tenant should choose to exercise its right to modify the final Interior Plans for the purpose of reducing the Interior Improvement costs, any delay resulting from the failure by Tenant to timely exercise its right to do so shall be a binding delay caused by Tenant for purposes of paragraph 7 hereof. (2) The Interior Improvements may be constructed pursuant to a "cost plus" construction agreement (the “Construction Contract”) with that bidder (“Contractor”) contract awarded to perform Landlord’s Worka general contractor selected by Landlord and approved by Tenant. Landlord shall submit to Tenant Landlord's recommendation of the general contractor and the terms of the "cost plus" construction contract for the Interior Improvements for Tenant's approval, which shall be deemed given if objection is not made by Tenant within two (2) business days after receipt of such proposal from Landlord. If this method of awarding the construction contract is selected, the general construction contract shall provide that all major subcontractors for the Interior Improvements shall be chosen by a competitive bid process where (i) Tenant shall have complete control over the Landlord’s Workright to approve subcontractors who bid on specific parts of the job, and (ii) coordinate all construction meansTenant shall have the right to cause a major subcontract to rebid if Tenant does not approve the low bid, methods, techniques, sequencesif such low bid would cause the total Interior Improvement Costs to exceed $70,000.00 Dollars ($10.00 per square foot of gross leasable area within buildings that are part of the Expansion Space), and procedures relating requests that changes be made to the Final Interior Plans (subject to Landlord’s Word, 's approval) for the purpose of lowering the total Interior Improvement Costs to a level that does not exceed $70,000.00 Dollars (iii$10.00 per square foot of gross leasable area within the buildings that are part of the Expansion Space). Delays caused by any modifications to the Final Interior Plans and rebidding requested by Tenant shall be deemed delays caused by Tenant for purposes of paragraph 7 hereof. (3) coordinate all contractors’ work Landlord and Tenant shall use their best efforts to approve the general contractor and all other contractors and subcontractors relating to so that the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workconstruction contract may be executed as soon as possible.

Construction Contract. After Brookdale agrees that, in addition to the Final Plans cash --------------------- consideration being paid to NDEA under this Agreement, and Specifications are completed as additional consideration for NDEA agreeing to assign the ▇▇▇▇▇▇▇ Agreement to Brookdale, Brookdale hereby grants to NDEA and approved, Landlord promptly shall obtain bids from at least three its affiliated construction company (3the "General Contractor") qualified general contractors (in Landlord’s sole discretion, but the first opportunity to serve as the General Contractor for the construction of the date hereof anticipated Project provided that said General Contractor is able to satisfactorily bond its obligations under the construction contract and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both partiesBrookdale's construction lender. This exclusive right of first opportunity shall be implemented as follows: (A) Based upon the construction records and data from the Detroit, Landlord shall promptly endeavor Michigan-area, Raleigh, North Carolina-area and Austin, Texas-area projects currently underway by Brookdale, which are similar in design to enter the proposed Project, Brookdale shall, within forty-five (45) days following the expiration of the Feasibility Period provide to General Contractor a binding reasonable estimate of the total building construction agreement cost for the Project, inclusive of all contractor general conditions and fees (the “Construction Contract”"Target Cost"). Brookdale shall take into account in making such determination, differing site conditions at the Real Estate and construction cost adjustment factors applicable in the Pittsburgh market as compared to Detroit, Raleigh and Austin, as necessary. (B) with Brookdale shall authorize the completion of construction documents, plans and specifications for the Project by its architect when Brookdale reasonably believes that bidder all permits and approvals from the Town of ▇▇▇▇▇▇▇▇▇▇ for the start of construction of the project are likely to issue in due course. (“C) Upon completion of the construction documents, plans and specifications by Brookdale's architect, or at such other time as sufficient information is available, in the General Contractor”) 's reasonable judgement to perform Landlord’s Work. Landlord allow for bidding the General Contractor shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct price the Project; put the Project out to bid to the subcontractor market; and supervise represent to the working forcessubcontractor market that the Project has been awarded to the General Contractor subject to the Target Price being met. (D) If the General Contractor agrees to commit to constructing the Project for a Guaranteed Maximum Price which is equal to or less than the Target Price, including subcontractorsBrookdale and General Contractor shall enter into a construction contract (on AIA form A111 with such revisions as are mutually acceptable to Brookdale and General Contractor) which shall provide for said Guaranteed Maximum Price and a savings split as follows: 75% to Brookdale, performing 25% to the Landlord’s WorkGeneral Contractor. (E) If the General Contractor can not agree to a Guaranteed Maximum Price which is equal to or less than the Target Price, Brookdale shall have the right thereafter to deal with any other general contractor or otherwise pursue the construction of the Project in any manner that Brookdale deems appropriate.

Construction Contract. After Landlord and Tenant shall cooperate to cause the Final Plans and Specifications are completed and approvedInterior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with subparagraph 4D(1) hereof. (1) The job of constructing the Interior Improvements shall be offered for "competitive bid", Landlord promptly shall obtain bids from at least on a fixed price basis, to three (3) qualified general contractors (in Landlord’s sole discretion, but as of selected by Landlord and approved by Tenant. The construction contract shall be awarded to the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform bidder submitting the Landlord’s Work, including identification of lowest bid for the costs of alternative items identified in the Final Plans and Specificationsjob. Landlord shall provide submit to Tenant with either a copy list of general contractors acceptable to Landlord to whom the bids or the ability to review the bids as they relate to the Tenant Improvementsjob may be bid, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet notify Landlord within three (3) business days after receipt of such list of its objection to review the bids and pricing for alternatives listed in the Final Plans and Specificationsany proposed contractor. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect 's failure to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from object within such request period of time shall be deemed to be a Tenant Delay its approval of all bidders on the list so submitted by Landlord. If the lowest bid resulting from such competitive bidding process indicates that the Interior Improvement Costs will exceed $260,000.000 Dollars (as such term is further defined in $6.50 per gross leasable square foot of the Lease and in this Work LetterPremises). When a bid is acceptable to both parties, Landlord shall promptly endeavor notify Tenant, in writing, to enter a binding construction agreement that effect, and Tenant shall have the right to propose modifications to the Final Interior Plans within five (5) business days after Tenant's receipt of Landlord's notice, subject to Landlord's approval of such changes, for the “Construction Contract”) with purpose of reducing the Interior Improvement costs. Such revision of the final Interior Plans shall be completed as expeditiously as possible; provided, however, that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, job shall nonetheless be awarded to the low bidder whose price shall be adjusted based upon the changes requested by Tenant and approved by Landlord made to the Final Interior Plans; and (ii) coordinate all construction meansif Tenant should choose to exercise its right to modify the final Interior Plans for the purpose of reducing the Interior Improvement costs, methods, techniques, sequences, any delay resulting from the failure by Tenant to timely exercise its right to do so shall be a delay caused by Tenant for purposes of paragraph 7 hereof. (2) Landlord and procedures relating Tenant shall use their best efforts to approve the Landlord’s Word, (iii) coordinate all contractors’ work general contractor and all other contractors and subcontractors relating to so that the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workconstruction contract may be executed as soon as possible.

Construction Contract. After Tenant shall engage the Final Plans Contractor pursuant to a mutually approved contract form (collectively, the "Contract"). Landlord shall advise Tenant within five (5) business days after Landlord's receipt of the final form of the Contract, that it is either (i) approving the Contract, (ii) approving the Contract subject to specified conditions, which conditions must be stated in a reasonably clear and Specifications are completed complete manner, or (iii) disapproving and approvedreturning the Contract to Tenant with requested revisions. If Landlord disapproves the Contract, Tenant may resubmit the Contract to Landlord promptly at any time, and Landlord shall obtain bids from at least approve or disapprove the resubmitted Contract within three (3) qualified general contractors (business days after Landlord receives such resubmitted Contract. Such procedure shall be repeated until the Contract is approved. If Landlord has not timely approved the Contract within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in Landlord’s sole discretion, but as the deemed approval of the date hereof anticipated Contract most recently delivered to Landlord (which notice shall be delivered to Landlord pursuant to the terms of the Lease, shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE CONTRACT," and agreed shall also be sent via electronic mail to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification 's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the Contract within three (3) business days after its receipt of the costs of alternative items reminder notice identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of preceding sentence, then the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request Contract shall be deemed to be a Tenant Delay (as have been approved by Landlord; provided, however, in no event shall such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating "deemed approval" occur to the Landlord’s Wordextent the parties are in discussions regarding the Contract, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have provisions thereof or the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workdetails contained therein.

Construction Contract. After (a) No later than the Final Plans date set forth in the Development Schedule, the Affordable Developer must submit to the Commission for its limited approval the proposed general construction contract for the Affordable Development Improvements. The Commission's review and Specifications are completed approval of such construction contract will be limited exclusively to a determination whether: (1) the guaranteed maximum construction cost set forth in the construction contract is consistent with the approved Project Documents and approved, Landlord promptly shall obtain bids from at least three Financing Plan for the Affordable Development Improvements; (2) the construction contract is with a licensed contractor reasonably acceptable to the Commission; (3) qualified general contractors the construction contract contains provisions consistent with Article 12 of this Agreement; and (in Landlord’s sole discretion, but as 4) the construction contract for the Affordable Development Improvements requires a retention of ten percent (10%) of costs until completion of the date hereof anticipated applicable Development Improvements (except for specific Subcontractors performing early work on the Development Improvements following the Commission's prior written approval for each specific Subcontractor or line items specifically approved by the Commission in the schedule of values attached to the construction contract and agreed to be Ideal Builders, Harmony Construction, and Bachmann Constructionconsistent with Commission policy). (b) to perform the Landlord’s Work, including identification The Commission's approval of the costs of alternative items identified applicable construction contract may in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall no way be deemed to be constitute approval of, or concurrence with, any other term or condition of the construction contract, and the Affordable Developer may not rely on the Commission's approval of the construction contract as a Tenant Delay (as such term is further defined in representation regarding the Lease and enforceability or business advantage of the construction contract. Commission approval merely constitutes satisfaction of the conditions set forth in this Work Letter)Section. (c) Upon receipt by the Commission of the proposed construction contract for the Affordable Development Improvements, the Commission will promptly review same and approve it within five (5) business days if it satisfies the limited criteria set forth above. When If the construction contract is not approved by the Commission, the Commission must set forth in writing and notify the Affordable Developer of the Commission's reasons for withholding such approval. The Affordable Developer will thereafter submit a bid is acceptable to both partiesrevised construction contract for Commission approval, Landlord shall promptly endeavor to enter a binding construction agreement which approval may be granted or denied in five (5) days in accordance with the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, criteria and procedures relating to set forth above. The construction contract for the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to Affordable Development Improvements executed by the Landlord’s Work, and (iv) have Affordable Developer for the exclusive right to direct and supervise Affordable Development Improvements must be in a form approved by the working forces, including subcontractors, performing the Landlord’s WorkCommission.

Construction Contract. After Landlord and Tenant shall cooperate to cause the Final Plans and Specifications are completed and approvedInterior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with the procedures set forth in subparagraph 4D(1) hereof. (1) The job of constructing the Interior Improvements shall be offered for "competitive bid", Landlord promptly shall obtain bids from at least on a fixed price basis, to three (3) qualified general contractors (selected by Landlord and approved by Tenant. The construction contract in Landlord’s sole discretion, but as of form reasonably acceptable to Tenant shall be awarded to the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform bidder submitting the Landlord’s Work, including identification of lowest bid for the costs of alternative items identified in the Final Plans and Specificationsjob. Landlord shall provide submit to Tenant with either a copy list of general contractors acceptable to Landlord to whom the bids or the ability to review the bids as they relate to the Tenant Improvementsjob may be bid, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet notify Landlord within three (3) business days after receipt of such list of its objection to review the bids and pricing for alternatives listed in the Final Plans and Specificationsany proposed contractor. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect 's failure to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from object within such request period of time shall be deemed to be a Tenant Delay its approval of all bidders on the list so submitted by Landlord. If the lowest bid resulting from such competitive bidding process indicates that the Interior Improvement Costs will exceed $1,020,705.00 Dollars (as such term is further defined in $7.00 per gross leasable square foot of the Lease and in this Work LetterPremises). When a bid is acceptable to both parties, Landlord shall promptly endeavor notify Tenant, in writing, to enter a binding construction agreement that effect, and Tenant shall have the right to propose modifications to the Final Interior Plans within five (5) business days after Tenant's receipt of Landlord's notice, subject to Landlord's approval of such changes, for the “Construction Contract”) with purpose of reducing the Interior Improvement Costs. Such revision of the final Interior Plans shall be completed as expeditiously as possible; provided, however, that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, job shall nonetheless be awarded to the low bidder whose price shall be adjusted based upon the changes requested by Tenant and approved by Landlord made to the Final Interior Plans; and (ii) coordinate all construction meansif Tenant should choose to exercise its right to modify the final Interior Plans for the purpose of reducing the Interior Improvement costs, methods, techniques, sequences, any delay resulting from the failure by Tenant to timely exercise its right to do so shall be a delay caused by Tenant for purposes of paragraph 7 hereof. (2) Landlord and procedures relating Tenant shall use their best efforts to approve the Landlord’s Word, (iii) coordinate all contractors’ work general contractor and all other contractors subcontractors all major material suppliers and subcontractors relating to the Landlord’s Work, and (iv) have form of contract for such parties so that the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workconstruction contract may be executed as soon as possible.

Construction Contract. After Landlord and Tenant shall cooperate to cause the Final Plans Interior Improvements to be constructed by a general contractor who is engaged by Landlord in accordance with the procedures set forth in subparagraph 4D(1) hereof (1) The Interior Improvements will be constructed pursuant to a "fixed price" construction contract awarded to a general contractor selected by Landlord and Specifications are completed and approvedapproved by Tenant. Landlord has submitted to Tenant Landlord's recommendation of the general contractor--Hollander Smith Inc.-- which Tenant ha▇ ▇▇▇▇▇▇▇d. ▇▇ndlord shall submit to Tenant the terms of the "fixed price" construction contract for the Interior Improvements for Tenant's approval, Landlord promptly which shall obtain bids from at least be deemed given if objection is not made by Tenant within three (3) qualified business days after receipt of such proposal from landlord. Subject to mutual agreement of Landlord and Tenant, the general contractors (in Landlord’s sole discretionconstruction contract will provide that major subcontractors for electrical, but as of the date hereof anticipated plumbing, mechanical and agreed to be Ideal Builders, Harmony ConstructionHVAC, and Bachmann Construction) elevator work (as well as all other subcontractors as to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, which Landlord and Tenant agree) for the Interior Improvements shall meet be engaged on a "design-build" basis where Tenant shall have the right to review reasonably approve such subcontractors. Tenant and Landlord acknowledge that the bids and pricing for alternatives listed total Interior Improvement Costs are likely to exceed the amount stated in Paragraph 5 of the First Addendum to Lease. Tenant shall have the right to approve the total Interior Improvement Costs. After all such costs are known, in the event that Tenant does not approve the total Interior Improvement Costs, Tenant may request that changes be made to the Final Interior Plans and Specifications. Tenant, with (subject to Landlord’s consent 's approval which shall not be unreasonably withheld or delayed) for the purpose of lowering the total Interior Improvement Costs. Other major subcontracts shall go through the bid process, may request wherein Tenant shall have the Architect right to modify reasonably approve such subcontractors and to have major subcontracts rebid if Tenant does not approve the bid. Delays caused by any modifications to the Final Interior Plans and Specifications rebidding or re-pricing requested by Tenant shall be deemed delays caused by Tenant for purposes of Paragraph 7 hereof. (2) Landlord and thereafter Landlord Tenant shall use their best efforts to submit approve the general contractor and all subcontractors so that the construction contract may be executed as soon as possible. Tenant shall have no liability to the general contractors for another bid, but contractor or to any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in subcontractor under the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) contract and/or any subcontractor otherwise with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating respect to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s WorkInterior Improvements.

Construction Contract. After Tenant shall enter into a construction contract for the Final Plans Tenant Improvement Work directly with the Tenant’s Contractor, subject however to the following terms and Specifications are completed conditions: a. All construction contract documents, including specifications and approvedall change orders, shall be subject to the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. b. The Tenant’s Contractor (or Tenant) shall specifically be required to carry all such insurance as Landlord promptly shall obtain bids from at least three (3) qualified general contractors (may reasonably require in connection with such construction, for the benefit of Tenant, Landlord, Landlord’s sole discretionAgents and Tenant’s Contractor, but as and Landlord shall be named a third party beneficiary of the date hereof anticipated Tenant’s contract with the Tenant’s Contractor and agreed shall have the right to enforce compliance with such contract in its own name or in the name of Tenant. c. Neither Tenant’s Contractor, nor any of its subcontractors, shall be Ideal Builderspermitted to interfere with the work of, Harmony Constructionor cause labor problems with, and Bachmann Construction) to perform the Landlord’s Workcontractors or subcontractors otherwise performing work within the Building. Tenant shall be responsible for any damage to the Premises or the Building (including the premises of other tenants) caused by Tenant’s Contractor, including identification or any of its subcontractors. Tenant and/or Tenant’s Contractor shall comply with the pertinent Section 13.3 of the costs Lease with respect to liens or claims for liens arising out of alternative items identified any Tenant Improvement Work or any other work alleged to have been performed by, or at the direction of, or on behalf of Tenant. d. Tenant shall cause the Tenant’s Contractor to diligently proceed with the completion of construction of the Tenant Improvement Work after commencement thereof, in accordance with the Final Plans and Specifications. Landlord shall provide not be responsible to Tenant with either a copy of the bids or the ability to review the bids as they relate to for any defects in the Tenant ImprovementsImprovement Work; Tenant shall be primarily responsible for resolving any claims of defects with Tenant’s Contractor or Tenant’s Architect, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, but Landlord and Tenant shall meet agree to cooperate in this regard. e. Landlord may submit a list of approved subcontractors for consideration by Tenant’s Contractor. Landlord will have the right to review and approve the bids and pricing for alternatives listed in subcontractor list once the Final Plans and Specifications. project has been awarded to Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Work.

Construction Contract. After Prior to Tenant’s execution of the Final Plans construction contract and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three general conditions with Contractor (3) qualified general contractors (in Landlord’s sole discretionthe “Contract”), but as subject to Section 2 of the date hereof anticipated and agreed to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessarythis Workletter Agreement, Tenant will provide shall submit the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are receivedContract to Landlord for its approval, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which approval shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit . Prior to the general contractors for another bidcommencement of the construction of the Tenant Work, but any delay resulting from such request Tenant shall be deemed provide Landlord with a schedule of values consisting of a detailed breakdown, by trade, of the final costs to be a incurred or which have been incurred, for all Tenant Delay Work Allowance Items in connection with the design and construction of the Tenant Work, which costs form the basis for the amount of the Contract (as such term is further defined in the Lease and in this Work Letter“Final Costs”). When a bid is acceptable Prior to both partiesthe commencement of construction of the Tenant Work, Landlord and Tenant shall promptly endeavor to enter a binding construction agreement identify the amount (the “Construction ContractOver-Allowance Amount”) with that bidder equal to the difference between the amount of the Final Costs and the amount of the Tenant Work Allowance (“Contractor”) to perform less any portion thereof already disbursed by Landlord’s , or in the process of being disbursed by Landlord, on or before the commencement of construction of the Tenant Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences), and procedures Landlord will reimburse Tenant on a monthly basis, as described in Section 1.2(b)(ii) above, for a percentage of each amount requested by the Contractor or otherwise to be disbursed under this Workletter Agreement, which percentage shall be equal to the Tenant Work Allowance divided by the amount of the Final Costs (after deducting from the Final Costs any amounts expended in connection with the preparation of the Construction Drawings, and the cost of all other Tenant Work Allowance Items incurred prior to the commencement of construction of the Tenant Work), and Tenant shall be solely responsible for any Over-Allowance Amount. If, after the Final Costs have been initially determined, the costs relating to the design and construction of the Tenant Work shall change, any additional costs for such design and construction in excess of the Final Costs shall be added to the Over-Allowance Amount and the Final Costs, and Landlord’s Wordreimbursement percentage, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating shall be recalculated in accordance with the terms of the immediately preceding sentence. Notwithstanding anything set forth herein to the Landlord’s Workcontrary, construction of the Tenant Work shall not commence until Tenant has procured and (iv) have delivered to Landlord a copy of all Permits for the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s applicable Tenant Work.

Construction Contract. After (i) Tenant shall enter into a construction contract with a duly licensed contractor reasonably acceptable to Landlord for completion of Tenant's Improvements on the Final Plans Premises. Landlord may require that any contractor is bondable with a surety satisfactory to Landlord in an amount sufficient to insure complete and Specifications timely construction of the Tenant Improvements and prompt payment of all labor and materials. No bond, however, shall be required. (ii) Tenant shall coordinate its construction on the Pad with other construction work being performed or to be performed by the Landlord on the Premises or elsewhere in the Shopping Center. Tenant shall ensure that its contractor will agree to cooperate with Landlord in coordinating all construction on the Premises and the Shopping Center. Tenant acknowledges that the Shopping Center may be in operation at the time of Tenant's construction and that Tenant may not interfere with the operation of the Shopping Center or of any of its tenants. Tenant's construction areas shall be limited to those areas on Tenant's Premises delineated on EXHIBIT "D-1" to the Lease (the "Construction Areas") and shall be fenced in. Tenant shall endeavor to the greatest extent possible to minimize the impact of its construction on the operation of the Shopping Center. Tenant agrees to comply with the Construction Areas made available to Tenant for the staging, storage, parking of construction vehicles, and the routes of access for all construction traffic, as well as for location of any field office or other facilities for contractor's personnel, all as delineated on EXHIBIT "D-1" to the Lease. Any areas which Tenant desires to use outside of the Construction Areas are completed and approvedsubject to Landlord's prior written approval, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (which may be withheld in Landlord’s 's sole and ablsolute discretion. Once Landlord has commenced its Site Improvements within the Common Areas, but or upon any tenant's opening for business in the Shopping Center, Tenant agrees to comply with the re-routing of construction traffic and relocation of staging areas as designated by Landlord and any other measures reasonably designated by Landlord to minimize impact on the operations at the Shopping Center or on any finished improvements. (iii) Tenants contractor and all subcontractors shall be licensed by the State of California and in the date hereof anticipated and agreed County of Los Angeles for the work to be Ideal Builders, Harmony Construction, performed by such contractor or subcontractors and Bachmann Construction) shall be required to perform all work in a thoroughly first class and workerlike manner in strict conformance with the Landlord’s Work, including identification of the costs of alternative items identified in the Final Plans and Specifications. Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans Working Drawings and Specifications. Tenant's contractor and all subcontractors shall be required to obtain approval (as set forth in Paragraph 6a(ii), above) from Landlord for any space outside of the fenced Construction Areas but in the Shopping Center generally, which is needed for storage, handling and moving of materials and equipment, as well as for location of any field office or other facilities for contractor's personnel (which approval, except as set forth in Paragraph 6a(ii) as to the staging, storage, and access routes delineated on EXHIBIT "D-I" to the Lease, may be withheld in Landlord's sole discretion). Parking of construction vehicles within the Shopping Center other than within the Construction Areas shall be strictly prohibited, and access of such vehicles over the Shopping Center to and from the Construction Areas shall be as directed by Landlord on EXHIBIT "D-1". Tenant's contractor or subcontractors shall be required to make appropriate arrangements with Landlord for temporary utility connections as may be available within the Shopping Center generally, and shall pay the cost of such connections, including the cost of maintenance and removal thereof, and shall pay all utility charges incurred. The construction contract shall also provide that the contractor and all subcontractors shall work in a cooperative spirit with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ 's site work and all other contractors and subcontractors relating to the Landlord’s Work, and superintendent. (iv) have the exclusive right to direct Tenant's contractor and supervise the working forcesall subcontractors shall carry Workers Compensation Insurance covering all of their respective employees, as well as Commercial Liability Insurance, including subcontractorsreplacement coverage property damage, performing and Comprehensive Automobile Liability Insurance. Tenant's contractor shall also carry Builder's All-Risk Insurance. All such liability insurance shall provide single limit coverage of at least Two Million Dollars ($2,000,000) for Tenant's contractor (except for Workers' Compensation, which shall have limits as provided by law), and shall be in a form, and carried by companies, approved by Landlord. All insurance shall contain provisions prohibiting cancellation or reduction in coverage prior to the giving of at least thirty (30) days prior written notice to Landlord’s Work. All insurance shall name Tenant as the named insured and shall also name Landlord and Landlord's Lender (if any) as an additional insureds.

Construction Contract. After the Final Plans and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretion, but as Construction of the date hereof anticipated and agreed Tenant Improvements shall be accomplished by Landlord in accordance with the approved Bid Documents under the terms of a single construction contract (the "Construction Contract"). The Construction Contract shall: (a) Provide for a lump-sum price or a price equal to be Ideal Builders, Harmony Construction, and Bachmann Construction) to perform the Landlord’s Work, including identification cost of the work plus a fee in either case not to exceed a guaranteed maximum price which shall be the price bid by the Tenant Contractor and all subcontractors selected by Landlord and Tenant pursuant to Paragraph 8 above. (b) Separately state and account for the costs and any associated fee for installation or construction of alternative items those improvements identified in the Final Plans Lease as being (i) Tenant Improvements (which shall be paid by Tenant but subject to reimbursement through the Improvements Allowance), and Specifications. (ii) Base Building Improvements (the cost of which shall be included in Project Costs). (c) Require insurance coverage in amounts and types mutually and reasonably acceptable to Landlord shall provide Tenant with either a copy of the bids or the ability to review the bids as they relate to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide the contractors with an appropriate confidentiality agreement. Within seven and Tenant. (7d) days after bids are received, Provide that both Landlord and Tenant shall meet have the right to review approve the bids identity of any subcontractor (except that Landlord will have the right to unilaterally choose subcontractors so long as each such subcontractor is reasonably acceptable to Tenant and pricing Landlord pays the difference between the cost of such subcontractor and the cost of the lowest responsible bidder (previously approved by both Tenant and Landlord) otherwise complying with pre-approved bid specifications that is not disapproved by Landlord for alternatives listed good cause (such as change of circumstances between a prior approval and subsequent disapproval). (e) Provide for a schedule and sequence of construction activities and completion reasonably acceptable to Tenant and Landlord in accordance with the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined requirements set forth in Article V of the Lease and so that the Tenant Improvements will be complete as to each Major Portion prior to the Scheduled Completion Date for such Major Portion (not taking into account extensions for Tenant Delays, Tenant Improvement Delays and Force Majeure Delays); provided that the Tenant Contractor must commence construction of the Tenant Improvements on the instruction of Landlord. (f) Provide for elevator operator costs to be paid by Tenant under the Construction Contract to the extent the Tenant Improvement work requires the use of an elevator operator. (g) Otherwise be in this Work Letter). When a bid is form mutually and reasonably acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall (i) have complete control over the Landlord’s Work, (ii) coordinate all construction means, methods, techniques, sequences, and procedures relating to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s WorkTenant.

Construction Contract. After The City shall have the Final Plans and Specifications are completed and approved, Landlord promptly shall obtain bids from at least three (3) qualified general contractors (in Landlord’s sole discretionright, but as not the obligation, to cure defaults under the Construction Contract and to assume Borrower’s obligations and rights under the Construction Contract; provided that, such right to cure and assume the Construction Contract shall be subject to the rights, if any, of any Senior Lender with respect to such Construction Contract. Further, the Construction Contract shall set forth a reasonably detailed schedule for completion of each stage of construction. The City approval of the date hereof anticipated and agreed Construction Contract shall not constitute a waiver by the City of any breach or violation of this Agreement that is a result of acts that are or purport to be Ideal Builders, Harmony Construction, and Bachmann Construction) in compliance with or in furtherance of said Construction Contract. Any amendments to perform the Landlord’s Work, including identification Construction Contract subsequent to the closing of the costs City Loan not evidenced by a Change Order shall be approved in writing by the City prior to taking effect. In the event of alternative items identified in any disapproval, the Final Plans and Specifications. Landlord shall provide Tenant City shall, concurrently with either a copy delivery of the bids notice of such disapproval to Borrower, inform Borrower in writing of the reasons for disapproval. Borrower and the general contractor shall have twenty (20) Business Days from receipt of any notice from the City specifying required changes (“Construction Contract Disapproval Notice”), within which to notify the City that Borrower agrees to negotiate with the general contractor to make such changes or that Borrower objects to any such requested changes. If Borrower notifies the ability City within said twenty (20) Business Day period of its objections to review any such requested changes, then the bids as they relate City and Borrower shall meet at a mutually acceptable time to discuss their differences within ten (10) Business Days after the Borrower gives such notice. Following such meeting, Borrower shall use commercially reasonable efforts to cause the general contractor to revise the Construction Contract and resubmit it for approval to the Tenant Improvements, at Landlord’s offices; if necessary, Tenant will provide City as required by this Agreement by the contractors with an appropriate confidentiality agreement. Within seven (7) days after bids are received, Landlord and Tenant shall meet to review the bids and pricing for alternatives listed in the Final Plans and Specifications. Tenant, with Landlord’s consent which shall not be unreasonably withheld or delayed, may request the Architect to modify the Final Plans and Specifications and thereafter Landlord to submit to the general contractors for another bid, but any delay resulting from such request shall be deemed to be a Tenant Delay (as such term is further defined in the Lease and in this Work Letter). When a bid is acceptable to both parties, Landlord shall promptly endeavor to enter a binding construction agreement (the “Construction Contract”) with that bidder (“Contractor”) to perform Landlord’s Work. Landlord shall later of (i) have complete control over thirty (30) calendar days after receipt of the Landlord’s WorkConstruction Contract Disapproval Notice, or (ii) coordinate all construction meansten (10) Business Days after such meeting, methodsunless the nature of such changes requires a longer period of time, techniquesin which case Borrower shall resubmit said revised Construction Contract as soon as possible, sequencesand, in any case, no later than forty five (45) calendar days after receipt of the Construction Contract Disapproval Notice. Any such resubmissions shall be approved or disapproved and procedures relating revised within the times set forth herein with respect to the Landlord’s Word, (iii) coordinate all contractors’ work and all other contractors and subcontractors relating to the Landlord’s Work, and (iv) have the exclusive right to direct and supervise the working forces, including subcontractors, performing the Landlord’s Workinitial submission.