Common use of Construction of the Tenant Improvements Clause in Contracts

Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.

Construction of the Tenant Improvements. Construction or installation Promptly following the Delivery Date, Tenant shall commence permitting and construction of the Tenant Improvements and diligently prosecute the same to completion in a good and workmanlike manner. The Tenant Improvements shall be performed by a licensed general contractor or contractors selected by constructed in accordance with the Plans and Specifications. Tenant shall complete the construction of the Tenant Improvements in accordance with all Governmental Requirements and approved by LandlordTenant shall promptly notify Landlord if it discovers aspects of the Plans and Specifications that, such approval not to if constructed, would result in violation of any applicable Governmental Requirements. The Tenant Improvements shall be unreasonably withheld or delayed subject to, and in compliance with the Union Requirement (the “Tenant’s Contractor,” whether one or moredefined below), and pursuant to a written construction contract negotiated all other terms and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions conditions of the contract whereby the Tenant’s Contractor holds Lease. Landlord shall cooperate with Tenant harmless from (including, without limitation, signing applications for Building Department permits and against any and all claimspath of travel drawings, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in if and to the Building as a result of the work performed or to be performed thereunder (and obligating the extent available) in Tenant’s Contractor efforts to include a substantially similar release obtain any permits and waiver provision certificates of occupancy necessary in all subcontracts and purchase orders entered under or pursuant to connection with the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; providedprovided that, howeverTenant shall reimburse Landlord on demand for any reasonable out-of-pocket costs incurred by Landlord, Landlord including reasonable attorneys’ fees, in connection therewith. Tenant shall be permitted to withhold its consent use the freight elevators on a non-exclusive, first-come, first-served basis during Building Standard Hours at no charge to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. The “Union Requirement” shall mean the obligation that the contractors and each subcontractor of every tier used by Tenant specifically agrees to carry, or cause shall for the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, duration of its contract (a) builder’s risk completed value insurance on be a party to or bound by a collective bargaining agreement applicable to the Tenant Improvementsgeographic area in which the Building is located, applicable to the trade or trades in an amount not less than which the full replacement cost work under the contract is to be performed, and entered into with one or more labor organizations affiliated with the Building and Construction Trades Department of the Tenant ImprovementsAFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated locals, and (b) a policy solely employ members of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed such labor organizations to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any perform work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantwithin their respective traditional jurisdictions.

Construction of the Tenant Improvements. Except to the extent expressly provided elsewhere herein, including Landlord’s requirement to perform the Landlord’s Work. Tenant shall complete all Tenant Improvements at Tenant’s sole risk, cost and expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or to any major Building systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied basis. Landlord shall provide to Tenant, its Architect, the Contractor and others required to perform the Tenant Improvements, at no additional cost to Tenant, access to the Premises and use of the exclusive loading dock serving the Premises during the design and construction of the Tenant Improvements, provided that (i) the Commencement Date and Tenant’s obligation to pay Rent shall nevertheless commence on the date set forth in the Basic Lease Provisions, and (ii) Tenant shall be solely responsible for all costs of water, electricity, and other services and utilities provided at and to the Premises from and after the Delivery Date. The construction shall be performed in a good and workmanlike mariner and in compliance with all applicable rules, laws, codes and regulations, including all applicable safety procedures established by Landlords Construction or installation Representative and the Tenant Construction Rules and Regulations attached hereto as Exhibit C-2. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by Property Manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work (i.e., change orders), such approval not to be unreasonably withheld withheld, delayed, or delayed (the “Tenant’s Contractor,” whether one or more)conditioned. If, pursuant at any time prior to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing Contractor requests a change order or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenantsorders, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved which in the construction aggregate, exceed ten percent (10%) of the Tenant Improvements must be performed amount of any payment and performance bond required by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall obtain Landlord’s written approval prior to the performance of the additional work contemplated by such change order or orders. Landlord’s consent shall not be responsible for all waterunreasonably withheld, gasbut in any event, electricity, sewer or other utilities used or consumed at Tenant shall cause the Premises during amount of the bonds to be increased to cover the cost of the additional work. During construction of the Tenant Improvements, the Premises shall be open during working hours for inspection by the Landlord’s Construction Representative and/or Property Manager. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost Upon completion of the Tenant Improvements, the Landlord’s Construction Representative and Property Manager shall perform a final inspection for conformance of the Tenant improvements to the Working Drawings. Any and all work performed by Tenant’s Contractor shall be performed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, deliveries or any other service in the building. If there shall be any such stoppage or impairment as the result of any such labor dispute caused by Tenant or its Contractor, Tenant shall immediately undertake such action as may be necessary to eliminate such dispute or potential dispute, including, without limitation, (a) removing all disputants from the job site until such time as the labor dispute no longer exists, (b) seeking a policy temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury contract between Tenant and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insuredTenant’s Contractor, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the filing appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantunfair labor practice charges.

Construction of the Tenant Improvements. Construction or installation of After the Final Approval by Xxxxxxxx, the Tenant Improvements shall be performed by submit the approved Working Drawings to the appropriate governmental body or bodies for final plan checking and a licensed general contractor or contractors selected by building permit. After a building permit for the work has been issued and upon selection of Landlord’s Contractor, Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed shall enter into a construction contract (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Construction Contract”) with Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must which shall be performed by carried out in conformance with the LandlordWorking Drawings in a good and workmanlike manner using first-class materials. The Construction Contract shall provide that Xxxxxxxx’s Building roofing contractor. All costs, fees Contractor shall submit invoices to Tenant for all of the costs and expenses incurred with such contractor in performing such work shall be a cost of construction of the Tenant Improvements (which such cost may be payable out described below). Upon Xxxxxx’s approval of the Landlord’s Construction Allowance)invoices, in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor Landlord shall be responsible for payment of the invoices in an amount not to exceed the Tenant Improvement Allowances (described below after deduction for any costs for design, permitting, etc.), which shall be paid directly by Landlord to Landlord’s Contractor. All invoices for the remaining costs and expenses shall be paid for by Tenant at its sole cost and expense. Landlord shall see that the construction complies with all waterapplicable building, gasfire, electricity, sewer or other utilities used or consumed at the Premises during health and sanitary codes and regulations. Xxxxxxxx’s Contractor shall commence and diligently proceed with the construction of all the Tenant Improvements. Tenant specifically agrees to carry, or cause the TenantImprovements and Landlord’s Contractor shall use commercially reasonable efforts to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on expeditiously complete the Tenant Improvements, in an amount not less than subject to delays beyond the full replacement cost control of the Landlord or its contractor or subcontractors, including Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury Delays and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantforce majeure.

Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed conditioned and shall be approved or denied within five (5) business days (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and reasonably approved by Landlord. Landlord hereby approves of the following contractors if selected by Tenant for the Tenant Improvements: (i) Xxxxxx Building Corporation, (ii) Xxxxx, (iii) Corporate Contractors, (iv) Environmental, (v) Sierra Pacific, and (vi) KPRS. In addition, Landlord approves of ARC as the engineer for MEP work in connection with the Tenant Improvements. Landlord agrees that Tenant shall not be required to hire any union labor in connection with the Tenant Improvements; provided, however, Tenant hereby agrees that it shall not retain (or cause to be retained through its general contractor) any general contractor or subcontractor that will create any labor disharmony or disruption at the Building or Project and that Landlord shall be permitted to either disapprove of such general contractors or subcontractors and/or direct Tenant to immediately cease using any such general contractors and/or subcontractors that create any such labor disharmony or disruption; provided, however, Landlord agrees that Tenant shall have the right to cure any disharmony or disruption through maintenance of a dual gate system. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable non-discriminatory rules and regulations of Landlord relating to construction activities in the BuildingBuilding (a copy of the current construction rules and regulations being attached hereto as Exhibit B-1), (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, and (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor . Prior to commencement of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor Contractor shall provide Tenant with an estimate of the total cost to construct and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and install the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1Improvements (the “Construction Estimate”). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor; provided, however, if such Landlord designated contractors are not providing commercially reasonable prices or are not reasonably available, then Landlord agrees to consult with such contractors in order to resolve such issues. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be Improvements, payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor or any of Tenant’s other agents shall not be responsible for all the costs of parking, loading docks, water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements and Tenant’s initial move into the Premises; provided, however, Landlord shall be permitted to charge Tenant for heating, ventilation and air conditioning furnished at Tenant’s request outside of normal Business Hours at Landlord’s standard charge for such overtime HVAC on an hourly basis (which such standard charge being equal to $75.00 per hour, as such charge may increase in accordance with the Lease). Tenant shall not be charged for the use of the restrooms during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (ainsurance in accordance with the requirements of Paragraph 8(d) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlordthis Lease. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction (which Landlord shall be obligated to provide within five (5) business days) after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract or a letter of intenat for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.

Construction of the Tenant Improvements. Construction Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense (subject to reimbursement by the Allowance as provided in Section 17 of this Exhibit C), including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or installation to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied Exhibit C basis. The construction shall be performed in a good and workmanlike manner and in compliance with all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures reasonably established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Tenant Improvements to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by property manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld withheld, delayed, or delayed (conditioned. If, at any time prior to completion of the “Tenant’s Contractor,” whether one Tenant Improvements, Tenant or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor requests a change order or orders, which in the aggregate, exceed ten percent (10%) of the amount of any payment and Tenant and approved performance bond required by Landlord. Each such contract , Tenant shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in cause the Building, (ii) name Landlord as an additional indemnitee under the provisions amount of the contract whereby bonds to be increased to cover the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all cost of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract)additional work. Notwithstanding anything to the contrary, union labor shall not be required to be used for During construction of the Tenant Improvements; provided, however, Landlord the Premises shall be permitted to withhold its consent to a contractor proposed to be utilized open during working hours for inspection by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate Construction Representative and/or property manager. Upon completion of the Building or otherwise provide Tenant Improvements, the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant Construction Representative and property manager shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction perform a final inspection for conformance of the Tenant Improvements must be to the Working Drawings. Any and all work performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all waterperformed in a manner to avoid any labor dispute which results in a stoppage or impairment of work, gas, electricity, sewer deliveries or any other utilities used service in the Building. If there shall be any such stoppage or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times impairment as the Tenant’s work is being performedresult of any such labor dispute, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization take reasonable actions to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and such as establishing a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantdual gate system.

Construction of the Tenant Improvements. Construction Tenant shall complete all Tenant Improvements at Tenant’s sole cost and expense, including without limitation the costs of changes, code compliance work, and upgrades to the base, shell & core of the Building or installation to any major Building Systems such as fire, life safety, electrical, mechanical, and structural, as may be required by the Working Drawings or applicable permitting authorities, and whether or not such changes or upgrades are due to the fact that such work is prepared on an unoccupied basis. The construction shall be performed in a good and workmanlike manner and in compliance with the approved Working Drawings and all applicable rules, laws, codes and regulations, including all rules, regulations and safety procedures established by Landlord. Once commenced, Tenant shall diligently pursue construction of the Work to completion. All construction of the Tenant Improvements shall be performed by a licensed general contractor coordinated through Landlord’s Construction Representative or contractors selected by Property Manager. Tenant and approved by shall obtain Landlord’s written approval prior to the performance of any additional Tenant Improvement work, such approval not to be unreasonably withheld withheld, delayed, or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlordconditioned. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for During construction of the Tenant Improvements; provided, however, Landlord the Premises shall be permitted to withhold its consent to a contractor proposed to be utilized open during working hours for inspection by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate Construction Representative and/or Property Manager. Upon completion of the Building or otherwise provide Tenant Improvements, the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant Construction Representative and Property Manager shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction perform a final inspection for conformance of the Tenant Improvements must be to the Building Standards. Any and all work performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all waterperformed in a manner to reasonably avoid any labor dispute which results in a stoppage or impairment of work, gas, electricity, sewer deliveries or any other utilities used service in the building. If there shall be any such stoppage or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times impairment as the Tenant’s work is being performedresult of any such labor dispute, Tenant shall immediately undertake such prudent, lawful action as may be necessary to eliminate such dispute or potential dispute, including, without limitation, as reasonably necessary under the circumstances (a) builder’s risk completed value insurance on removing all disputants from the Tenant Improvements, in an amount not less than job site until such time as the full replacement cost of the Tenant Improvementslabor dispute no longer exists, (b) seeking a policy temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury contract between Tenant and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insuredTenant’s Contractor, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the filing appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantunfair labor practice charges.

Construction of the Tenant Improvements. Construction Promptly after the Execution Date, Landlord shall commence the design, planning, permitting, construction and installation work to be performed in connection with the improvements to be made to the Premises which are described on Exhibit G, attached hereto and pursuant to the preliminary plans and specifications attached hereto as Exhibit G (the “Tenant Improvements”), which Tenant Improvements may be completed after the Initial Commencement Date, and diligently prosecute the same to completion in a good and workmanlike manner, subject to delays as a result of Force Majeure and any acts or installation omissions of Tenant. Landlord shall complete the construction of the Tenant Improvements in accordance with all Governmental Requirements. The Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant subject to, and approved by Landlordin compliance with the Union Requirement (defined below) and Section 5.8, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), and pursuant to a written construction contract negotiated all other terms and entered into conditions of the Lease. All Tenant Improvements, regardless of which party constructed or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises on the expiration or earlier termination of this Lease; provided that, at Landlord’s election and upon notice delivered to Tenant simultaneously with the final approval by and between the Tenant’s Contractor Landlord and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby plans and specifications for the Tenant’s Contractor holds Tenant harmless from and against any and all claimsImprovements, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled Tenant shall be required to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on remove all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions Improvements as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth specified by Landlord in such Exhibit B-1). notice, including Telecommunication Facilities and any structural or non-standard office alteration, improvement, addition, equipment or fixture installed or brought on the Premises by or for Tenant acknowledges and understands that all roof penetrations involved in on the construction expiration or earlier termination of this Lease (the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance“Specialty Improvements”), in accordance with the provisions of this Exhibit B. and Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at repair any damage resulting from such removal thereof and return the Premises during to the construction of the same condition as existed prior to such Tenant Improvements. Tenant specifically agrees to carry, or cause The “Union Requirement” shall mean the Tenant’s Contractor to carry, during all such times as obligation that the Tenant’s work is being performed, contractors and each subcontractor of every tier used by Landlord shall for the duration of its contract (a) builder’s risk completed value insurance on be a party to or bound by a collective bargaining agreement applicable to the Tenant Improvementsgeographic area in which the Building is located, applicable to the trade or trades in an amount not less than which the full replacement cost work under the contract is to be performed, and entered into with one or more labor organizations affiliated with the Building and Construction Trades Department of the Tenant ImprovementsAFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated locals, and (b) a policy solely employ members of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed such labor organizations to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any perform work thereunder). All of the construction work shall be the responsibility of and supervised by Tenantwithin their respective traditional jurisdictions.

Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be Improvements, payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Tenant or Tenant’s Contractor shall be responsible for all water, gas, electricity, sewer or other utilities used or consumed at the Premises during the construction of the Tenant Improvements. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost of the Tenant Improvements, (b) a policy of insurance covering commercial general liability, in an amount not less than One Million Dollars ($1,000,000.00), combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show Landlord as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by Tenant.

Construction of the Tenant Improvements. Construction or installation Promptly following the execution of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), construction contract pursuant to a written construction contract negotiated and entered into by and between the Section 5, Tenant shall direct Tenant’s Contractor immediately to commence and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor diligently to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceedsprosecute, in the event of a casualty during constructionaccordance with industry custom and practice, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by in accordance with the Landlord’s Building roofing contractorFinal Plans. All costs, fees and expenses incurred with such contractor in performing such Tenant Improvement work shall be a cost of the Tenant Improvements (which carried out at such cost may be payable out of the Landlord’s Construction Allowance)times as Landlord directs, in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with other tenants and with the provisions use of this Exhibit B. the common areas of the Building. Such work shall be performed diligently in a first-class, workmanlike manner and in accordance with all Laws. Prior to commencing such work, Tenant or shall furnish Landlord with evidence satisfactory to Landlord that (i) Tenant is carrying the insurance required by Article 11 of the Lease and (ii) Tenant’s Contractor is carrying the insurance required by Section 15 of this Agreement. Landlord shall be responsible for have the right at all water, gas, electricity, sewer or other utilities used or consumed at times to enter the Premises during the construction to post notices of the Tenant Improvementsnonresponsibility. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost shall ensure lien-free completion of the Tenant Improvements, (b) a policy and Tenant shall comply with all provisions of insurance covering commercial general liabilitythe Lease regarding liens. Landlord or Landlord’s agents shall have the right at all times to inspect the work, it being understood that Landlord shall be reasonable in an amount not less than One Million Dollars ($1,000,000.00)its inspection of the work and that Landlord shall recognize, combined single limit for bodily injury to the extent commercially reasonable and property damage per occurrence (and combined single limit coverage practicable, the necessity of $2,000,000.00 in field changes based on field conditions. If Landlord shall give notice of faulty construction or any other deviation from the aggregate)Final Plans, and automobile liability coverage (including ownedTenant shall cause Tenant’s Contractor to make corrections promptly. However, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed neither the privilege herein granted to show Landlord to make such inspections nor the making of such inspections by Landlord shall operate as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer any rights of Landlord to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence require good and workmanlike construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed in accordance with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by TenantPlans.

Construction of the Tenant Improvements. Construction or installation Promptly following the --------------------------------------- execution of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), construction contract pursuant to a written construction contract negotiated Section 5, Tenant shall --------- direct Tenant's Contractor immediately to commence and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor proceed to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceedscomplete, in the event of a casualty during constructionaccordance with industry custom and practice, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contractor and such labor dispute is impairing or affecting Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants, then Tenant shall immediately take such actions as may be required in order to cause such labor dispute to cease. Tenant and its contractors shall be required to comply with the constructions rules and regulations set forth Exhibit B-1 attached hereto (and the Tenant Improvement shall be required to incorporate all design elements set forth in such Exhibit B-1). Tenant acknowledges and understands that all roof penetrations involved in the construction of the Tenant Improvements must be performed by the Landlord’s Building roofing contractor. All costs, fees and expenses incurred with such contractor in performing such work shall be a cost of the Tenant Improvements (which such cost may be payable out of the Landlord’s Construction Allowance), in accordance with the provisions of this Exhibit B. Final Plans. All Tenant or Tenant’s Contractor Improvement work shall be responsible for carried out in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with the use of common areas of the Building and, prior to the Delivery Date, with Landlord work not yet completed. Such work shall be performed diligently in a first-class, workmanlike manner and in accordance with all waterLaws. Prior to commencing such work, gasTenant shall furnish Landlord with evidence satisfactory to Landlord that Tenant and Tenant's Contractor are carrying workers' compensation insurance in statutorily required amounts, electricity, sewer or comprehensive general liability insurance and all other utilities used or consumed insurance required by the Lease. Landlord shall have the right at all times to enter the Premises during the construction to post notices of the Tenant Improvementsnonresponsibility. Tenant specifically agrees to carry, or cause the Tenant’s Contractor to carry, during all such times as the Tenant’s work is being performed, (a) builder’s risk completed value insurance on the Tenant Improvements, in an amount not less than the full replacement cost shall ensure lien-free completion of the Tenant Improvements, (b) a policy and Tenant shall comply with all provisions of insurance covering commercial general liabilitythe Lease regarding liens. The construction of the initial Tenants Improvements shall be subject to the provisions of Section 2.4 of the Lease ----------- regarding Tenant's right to occupy the Premises for these purposes. Landlord or Landlord's agents shall have the right at all reasonable times to inspect the work, it being understood that Landlord shall be reasonable in an amount its inspection of the work and that Landlord shall recognize, to the extent commercially reasonable and practicable, the necessity of field changes based on field conditions. Such inspections shall not less than One Million Dollars ($1,000,000.00)unduly interfere with the conduct of Tenant's work. If Landlord shall give notice of faulty construction or any other deviation from the Final Plans, combined single limit for bodily injury and property damage per occurrence (and combined single limit coverage Tenant shall cause Tenant's Contractor to make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections nor the making of $2,000,000.00 in the aggregate), and automobile liability coverage (including owned, non-owned and hired vehicles) in an amount not less than One Million Dollars ($1,000,000.00) combined single limit (each person, each accident), and endorsed to show such inspections by Landlord shall operate as an additional insured, and (c) workers’ compensation insurance as required by law, endorsed to show a waiver of subrogation by the insurer any rights of Landlord to any claim the Tenant’s Contractor may have against Landlord. Tenant shall not commence require good and workmanlike construction of the Tenant Improvements until Landlord has issued to Tenant a written authorization to proceed in accordance with construction after Tenant has delivered to Landlord’s construction representative (i) certificates of the insurance policies described above, (ii) copies of all permits required for construction of the Tenant Improvements and a copy of the permitted Final Plans as approved by the appropriate governmental agency, and (iii) a copy of each signed construction contract for the Tenant Improvements (a copy of each subsequently signed contract shall be forwarded to Landlord’s construction representative without request or demand, promptly after execution thereof and prior to the performance of any work thereunder). All of the construction work shall be the responsibility of and supervised by TenantPlans.