Common use of Construction Provisions Clause in Contracts

Construction Provisions. All of Tenant's work and changes, including without limitation, the installation of furnishings shall (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, (b) be performed in compliance therewith and with the plans and specifications previously approved by Landlord and in good and first class workmanlike manner, (c) be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in, the construction, maintenance or operation of the Building, (d) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved by Landlord, (provided such contractors charge market rates) provided that in any event Landlord may at its sole discretion require that all electrical and mechanical work shall be done by Landlord's contractor (provided such contractor charges market rates). Except for work by ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge any such notices or liens which may so attach. Notwithstanding the provisions of Section 3.3, ▇▇▇▇▇▇ agrees that no delay by it, or anyone employed by it, in performing work to prepare the Premises for occupancy shall delay commencement of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise at the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the end of the Term hereof. If Landlord elects to require that Tenant remove any improvements installed by Tenant, Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's reasonable costs of such removal and repair. Upon the expiration or earlier termination of this Lease, Tenant shall at Landlord's request restore the Premises to their condition prior to the Initial Fit-Up or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by or on behalf of Tenant (other than the Initial Fit-Up), whether made prior to or after the commencement of the Term of this Lease. [END OF ARTICLE III]

Construction Provisions. All For the purposes of Tenant's work and changes, including without limitationSection 3.a. hereof, the installation New Premises shall be deemed available for occupancy when Landlord notifies Tenant in writing that the New Premises have been substantially completed, Landlord has received all approvals and permits from the applicable governmental authorities required for legal occupancy of furnishings the New Premises and Landlord delivers possession of the New Premises to Tenant in accordance with the Lease. During the construction process, Landlord will permit Tenant access to the New Premises for purposes of Tenant installing certain cabling and fixtures therein. Landlord will give Tenant two (2) weeks notice prior to the time at which Landlord expects to permit Tenant such access. If and to the extent Tenants temporary use of the New Premises as aforesaid results in a delay in Landlord's construction of the New Premises, then the same shall constitute a Tenant Delay. Landlord's Work shall be deemed substantially completed notwithstanding (a) at all times comply with all lawsthat certain minor or non-material details of construction, rulesmechanical adjustment or decoration ("punchlist items") are incomplete, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, or (b) portions of the New Premises are incomplete because such work cannot be performed in compliance therewith and with the plans and specifications previously approved by Landlord and in good and first class workmanlike manner, (c) until work to be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in, the construction, maintenance or operation of the Building, (d) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved by Landlord, (provided such contractors charge market rates) provided that in any event Landlord may at its sole discretion require that all electrical and mechanical work shall be done by Landlord's contractor (provided such contractor charges market rates). Except for work by ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge any such notices or liens which may so attach. Notwithstanding the provisions of Section 3.3, ▇▇▇▇▇▇ agrees that no delay by it, or anyone employed by it, in performing work to prepare the Premises for occupancy shall delay commencement of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise at the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the end of the Term hereof. If Landlord elects to require that Tenant remove any improvements installed by Tenant, Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's reasonable costs of such removal and repair. Upon the expiration or earlier termination of this Lease, Tenant shall at Landlord's request restore the Premises to their condition prior to the Initial Fit-Up or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by or on behalf of Tenant is completed and about which Landlord previously notified Tenant. Upon the delivery of the New Premises to Tenant, Landlord shall assign to Tenant all warranties received from contractors or subcontractors for the work performed on the New Premises (other than such assignment, however, shall be limited (1) to the Initial Fit-Up)extent that any such warranties are assignable and (2) in duration to the shorter of (i) the life of said warranty, whether made prior to or after the commencement of (ii) the Term of the Lease). In the event Landlord is delayed in substantially completing the New Premises by any delay, interference or hindrance (which shall include, without being limited to, any delays in connection with Change Orders), directly or indirectly, of such work (1) by Tenant, Tenant's contractors or any of their employees or agents, (2) by Tenant's request for unusual or unique materials which cannot be timely delivered, (3) by any changes in such work or materials requested by Tenant and agreed to by Landlord after the execution of this Lease. [END OF ARTICLE III]Amendment, (4) by Tenant's failure to timely and properly perform any of its obligations under the Lease (as amended hereby) (any of the foregoing items (1) through (4) hereinafter being referred to as a "Tenant Delay"), or (5) any force majeure events or other events beyond the control of Landlord (collectively, "Force Majeure Events"), then in each such case, the Outside Substantial Completion Date shall be extended on a pari passu basis.

Construction Provisions. All of Tenant's the work and changes, including without limitation, the installation of furnishings to be performed by Landlord pursuant to Section 1.3 hereof shall (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, (b) be performed in compliance therewith and accordance with the plans and specifications previously approved by Landlord and described in Section 6.1 hereof, shall be completed in a good and first class workmanlike manner, (c) utilizing new and first-grade materials; shall be performed in such manner as not to interfere conformity with the occupancy all applicable federal, state and local laws, ordinances, regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any other tenant in liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Building nor delayCommencement Date. For the period commencing as of the Commencement Date and ending on the day one (1) year thereafter, Landlord will correct and/or repair, or impose cause to be corrected and/or repaired, any additional expense upon Landlord inlatent or non-obvious defect, the malfunction or failure in or of construction, maintenance workmanship, material or operation of the BuildingPremises, (d) be coordinated with provided any work being performed by Landlord and in such manner as to maintain harmonious labor relations and defect, malfunction or failure is not cause any work stoppage or damage the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved by Landlord, (provided such contractors charge market rates) provided that in any event Landlord may at its sole discretion require that all electrical and mechanical work shall be done by Landlord's contractor (provided such contractor charges market rates). Except for work by ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost result of any work done on the Premises performed by Tenant, and is not caused by any act or negligence of Tenant, its agentsemployees or contractors. At the expiration of the one (1) year period, employeesLandlord shall assign to Tenant all guaranties and warranties made by any contractor, subcontractor or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach materialmen with respect to the Premises and immediately thereafter Tenant shall have the right, at its option, to discharge enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such notices or liens which may so attachitems. Notwithstanding the provisions of Section 3.3, ▇▇▇▇▇▇ agrees that no delay by it, or anyone employed by it, in performing work to prepare the Premises for occupancy shall delay commencement of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise at the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as As a part condition thereof, at the end of the Term hereof. If Landlord elects to require that Tenant remove any improvements installed by Tenant, Tenant shall repair any damage allow Landlord, its employees or contractors, to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's reasonable costs of such removal and repair. Upon the expiration or earlier termination of this Lease, Tenant shall at Landlord's request restore enter upon the Premises to their condition prior perform any remedial work required to be performed, and will cooperate with Landlord, its employees or contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances, and with the least amount of interruption to the Initial Fit-Up or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by or on behalf of Tenant (other than the Initial Fit-Up), whether made prior to or after the commencement business of the Term of this Lease. [END OF ARTICLE III]Tenant.

Construction Provisions. A. All of Tenant's work and changes, including without limitation, the installation of furnishings shall (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, (b) construction to be performed in compliance therewith and with the pursuant to this Exhibit B shall be done pursuant to plans and specifications previously approved by Landlord and in good and first class workmanlike manner, (c) be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in, the construction, maintenance or operation of the Building, (d) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved by Landlord, (provided such contractors charge market rates) provided that in any event Landlord may at its sole discretion require that shall comply with all electrical applicable governmental rules and mechanical work regulations, shall be done only by Landlord or contractors, sub-contractors and mechanics reasonably approved by Landlord, shall be done in a good and workmanlike manner to Landlord's reasonable satisfaction, using new materials and equipment at least equal in quality and class to the original installations in the Building, shall be done in a manner which will assure labor harmony at the Building shall be consistent with the uses permitted under this Lease, and in all other respects shall comply with the terms and provisions of this Lease. B. Tenant shall have the right to obtain three competitive bids from contractors or sub-contractors other than Landlord for the cost of the construction to be performed pursuant to this Exhibit B-1. If Tenant elects to obtain such bids, it shall submit to Landlord copies of the competitive bids on or before the dates that it is to submit its plans and specifications for each Phase of the work to Landlord. Landlord and Tenant agree that GRP REALTY COMPANY, Landlord's property manager, shall then have the absolute right, to be exercised within 10 business days of receipt of copies of such bids from Landlord, to elect to perform such Tenant's Improvements at the same cost and upon the same terms as shown in said contracts and sub-contracts. C. If GRP REALTY COMPANY elects not to perform the construction of such improvements itself, then Landlord and Tenant shall together select a contractor (provided or contractors from those bids procured by Tenant. D. Landlord agrees to use its best efforts to secure a one year warranty against defects in materials and workmanship from its contractors for a period of one year from the date of the completion of the work for each Phase, and it further agrees to assign any such contractor charges market rates)warranties to Tenant upon the completion of such work for each Phase. Except for work by EXHIBIT C CLEANING SERVICE ▇▇▇ ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇ ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge any such notices or liens which may so attach. Notwithstanding the provisions of Section 3.3, ▇▇▇▇▇▇▇▇, ▇▇ agrees that no delay by itGENERAL Empty wastebaskets and recycling containers and damp wipe ashtrays Monday through Friday, or anyone employed by itexcluding legal holidays. Dust jambs and sill. Same are to be high dusted semi-annually. Vacuum rugs Monday through Friday, in performing work to prepare the Premises for occupancy shall delay commencement of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise at the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the end of the Term hereof. If Landlord elects to require that Tenant remove any improvements installed by Tenant, Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's reasonable costs of such removal and repair. Upon the expiration or earlier termination of this Lease, Tenant shall at Landlord's request restore the Premises to their condition prior to the Initial Fit-Up or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by or on behalf of Tenant (other than the Initial Fit-Up), whether made prior to or after the commencement of the Term of this Lease. [END OF ARTICLE III]excluding legal holidays.

Construction Provisions. All of Tenant's the work and changes, including without limitation, the installation of furnishings to be performed by Landlord pursuant to Section 1.3 hereof shall (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, (b) be performed in compliance therewith and accordance with the plans and specifications previously approved by Landlord and Tenant in accordance with Section 6.1 hereof in a good and first class workmanlike manner, (c) utilizing new and first-grade materials; shall be performed in such manner as not to interfere conformity with the occupancy all applicable federal, state and local laws, ordinances regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any other tenant in liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Building nor delayCommencement Date. For the period commencing as of the Commencement Date and ending on the day one (l) year thereafter, Landlord will correct and/or repair, or impose cause to be corrected and/or repaired, any additional expense upon Landlord inlatent or non-obvious defect, the malfunction or failure in or of construction, maintenance workmanship, material or operation of the BuildingPremises, (d) be coordinated with provided any work being performed by Landlord and in such manner as to maintain harmonious labor relations and defect, malfunction or failure is not cause any work stoppage or damage the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved by Landlord, (provided such contractors charge market rates) provided that in any event Landlord may at its sole discretion require that all electrical and mechanical work shall be done by Landlord's contractor (provided such contractor charges market rates). Except for work by ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost result of any work done performed by Tenant or on the Premises Tenant's behalf, and is not caused by any act or negligence of Tenant, its agentsemployees or contractors. At the expiration of the one (l) year period, employeesLandlord shall assign to Tenant all guaranties and warranties made by any contractor, subcontractor or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach materialmen with respect to the Premises and immediately thereafter Tenant shall have the right, at its option, to discharge enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such notices or liens which may so attachitems. Notwithstanding the provisions of Section 3.3, ▇▇▇▇▇▇ agrees that no delay by it, or anyone employed by it, in performing work to prepare the Premises for occupancy shall delay commencement of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise at the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as As a part condition thereof, at the end of the Term hereof. If Landlord elects to require that Tenant remove any improvements installed by Tenant, Tenant shall repair any damage allow Landlord, its employees or contractors, to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's reasonable costs of such removal and repair. Upon the expiration or earlier termination of this Lease, Tenant shall at Landlord's request restore enter upon the Premises to their condition prior perform any remedial work required to be performed, and will cooperate with Landlord, its employees or contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances, and with the least amount of interruption to the Initial Fit-Up or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by or on behalf of Tenant (other than the Initial Fit-Up), whether made prior to or after the commencement business of the Term of this Lease. [END OF ARTICLE III]Tenant.

Construction Provisions. A. Seller reserves the right to make changes in the building design and Specifications provided only that any such changes in the design or Specifications do not, in Sellers opinion, seriously and adversely affect the market value of the Property. Seller further reserves the right to substitute building materials, appliances, paint and stain colors, fixtures and any other items in the Dwelling or on the lot, as may be necessitated by the availability of materials colors or brand names or by material shortages, provided only that any such substitution shall be, in Seller’s opinion, of similar quality. B. Seller shall not be liable for any errors or omissions pertaining to the drawings. All dimensions and details shown on the drawings are the design of Tenant's work the draftsman and changes, including without limitationare subject to revision as deemed necessary by Seller to complete the building process in accordance with reasonable design criteria and local building codes. Buyer accepts the drawings in accordance to these stipulations and agrees that in the event of a discrepancy between the drawings and the Specifications, the installation Specifications shall take precedence. C. Although Seller makes no specific representation as to time of furnishings shall (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements completion of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, (b) be performed in compliance therewith and with the plans and specifications previously approved by Landlord and in good and first class workmanlike manner, (c) be performed in such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in, the construction, maintenance or operation of Seller will use all reasonable efforts to construct the Building, Dwelling within approximately one hundred-eighty (d180) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage days from the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved by Landlord, (provided such contractors charge market rates) provided that in any event Landlord may at its sole discretion require that all electrical and mechanical work shall be done by Landlord's contractor (provided such contractor charges market rates). Except for work by ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. ▇▇▇▇▇▇ agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge any such notices or liens which may so attachEffective Date. Notwithstanding the provisions of Section 3.3foregoing, ▇▇▇▇▇▇ agrees that no delay by itSeller shall not in any way be responsible for any delays, or anyone employed by it, in performing work to prepare the Premises for occupancy shall delay commencement of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the caused by circumstances beyond Seller’s control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality which interfere with construction of the foregoing) all wallcoveringProperty, built-in cabinet worksuch as, paneling but not limited to, acts of God, wars, strikes, unavailability of materials, supplies or labor, catastrophes, governmental regulatory issues or building moratoria. D. The location and ground elevation of the home on the lot and the likenecessity, shallif any, unless Landlord elects otherwise at to reverse the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the end plan of the Term hereof. If Landlord elects home to require that Tenant conform to the existing lot contours are to be determined by Seller in its sole discretion. E. The location and manner of installation of the septic system, if required, is to be determined by Seller in its sole discretion. F. Seller may remove any improvements installed by Tenant, Tenant such trees from the lot as Seller deems necessary to construct the home and Seller shall repair not be responsible for any damage to or destruction of remaining trees during or resulting from the Premises arising process of construction. Any further tree removal desired by Buyer shall be performed at Buyer’s expense. G. Low grades, lot area and location of walks, if any, may not necessarily conform to those of Seller’s model homes, and all grading and landscaping, including, but not limited to, the disposition and/or removal of trees from such removal orthe Property, at Landlord's optionand control of water flow, shall pay be within the sole discretion of the Seller. Furthermore, Seller is not responsible for the water flow after the earlier or (i) any grading and/or landscaping performed by Buyer, (ii) the Closing, and (iii) shall not be held liable for removal, loss or damage to any trees that are left standing on the Property. H. Cabinet configurations in Seller’s marketing material, working drawings and model homes are for illustrative purposes only. Actual cabinet layout will be designed based upon field measurements. I. Size, design, location and zoning of the HVAC system shall be determined by the licensed HVAC contractor. J. All site visits made during the construction process shall be by appointment only and an agent of Seller shall accompany the Buyer. Hardhats are required to be worn by anyone entering the property during the construction process. Seller makes no warranty as to the Landlord all safety of Landlord's reasonable costs the job site and Buyer assumes the risks of the same. Buyer also agrees that the direction and supervision of the workers on the Property, including subcontractors, rests exclusively with Seller, and Buyer agrees not to issue any instruction to otherwise interfere with such removal workers. Buyer further agrees not to contract with Seller’s subcontractors or to otherwise engage other builders or subcontractors except with Seller’s consent, which may be withheld for any reason. K. All construction shall meet with the approval of the appropriate city, county and repairfederal officials and shall be deemed completed when the appropriate city or county department has issued its certificate (or other like documents) permitting occupancy of the Property. Upon Seller is not acting as a contractor of Buyer in construction of the expiration residence. Buyer shall acquire no right or earlier termination interest in or to the Property except the rights and obligations to purchase the same in accordance with this Agreement. Buyer shall not be entitled to possession of this Leasethe Property, Tenant shall at Landlord's request restore the Premises nor to their condition entry thereon, nor to store property therein prior to the Initial Fit-Up Closing. L. Buyer will not be allowed to provide or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by substitute labor or on behalf of Tenant (other than the Initial Fit-Up), whether made prior to or after the commencement of the Term of this Lease. [END OF ARTICLE III]material during construction.

Construction Provisions. All of Tenant's the work and changes, including without limitation, the installation of furnishings to be performed by Landlord pursuant to Section 1.3 hereof shall (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating Bureau, (b) be performed in compliance therewith and accordance with the plans and specifications previously approved by Landlord and Tenant in accordance with Section 6.1 hereof in a good and first class workmanlike manner, (c) utilizing new and first-grade materials; shall be performed in such manner as not to interfere conformity with the occupancy all applicable federal, state and local laws, ordinances regulations, building codes and fire regulations; shall comply with all insurance requirements of Landlord and Tenant; and shall be free of any other tenant in liens for labor and materials. Landlord shall use all reasonable efforts to complete such construction on or before the Building nor delayCommencement Date. For the period commencing as of the Commencement Date and ending on the day one (l) year thereafter, Landlord will correct and/or repair, or impose cause to be corrected and/or repaired, any additional expense upon Landlord inlatent or non-obvious defect, the malfunction or failure in or of construction, maintenance workmanship, material or operation of the BuildingPremises, (d) be coordinated with provided any such defect, malfunction or failure is not the result of any work being performed by Tenant or on Tenant's behalf, and is not caused by any act or negligence of Tenant, its employees or contractors. At the expiration of the one (l) year period, Landlord shall assign to Tenant all guaranties and warranties made by any contractor, subcontractor or materialmen with respect to the Premises and thereafter Tenant shall have the right, at its option, to enforce all such guaranties and warranties in its name directly against the warrantor. Landlord agrees to exercise good faith efforts to obtain contractor/subcontractor warranties longer than one (1) year, to the extent the same are available without additional cost. As to items which Tenant has notified Landlord are defective and which are covered by referenced Landlord warranty, Landlord shall proceed expeditiously and in good faith to complete and repair any such manner items. As a condition thereof, Tenant shall allow Landlord, its employees or contractors, to enter upon the Premises to perform any remedial work required to be performed, and will cooperate with Landlord, its employees or contractors, so that such remedial work can be accomplished as quickly as is reasonable under the circumstances, and with the least amount of interruption to the business of the Tenant. Occupancy of the Premises by Tenant for conducting its business shall constitute an acknowledgment by Tenant, and shall be presumptive evidence, that the Premises are in the condition called for by this Lease and that Landlord has performed all of the construction work it is obligated to perform pursuant to Section 1.3 hereof, except for such items which are not completed and as to maintain harmonious labor relations which Tenant shall have given notice to Landlord within thirty (30) days after Tenant takes possession of the Premises (the "Punchlist"), and not cause subject to any work stoppage latent or damage non-obvious defects, malfunctions or failures covered by the Building or Lot or interfere with Building construction or operation and, (e) except for installation of furnishings, be performed by contractors or workmen first approved foregoing warranty by Landlord, (provided such contractors charge market rates) provided that . Landlord shall proceed expeditiously and in good faith to complete and repair all items set forth on the Punchlist. In the event of any event Landlord may at its sole discretion require that all electrical and mechanical work shall be done by Landlord's contractor (provided such contractor charges market rates). Except for work by ▇▇▇▇▇▇▇▇'s contractor, Tenant, before its work is started, shall: secure all licenses and permits necessary therefor and to deliver copies of the same to Landlord; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and materials to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material and to deliver to Landlord a copy of the general contractor's license; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the Contractor's Liability Insurance (all such insurance to be written in companies approved by Landlord and insuring dispute between Landlord and Tenant as well to whether the Premises are substantially complete and ready for occupancy by Tenant for the conduct of Tenant's business, or as to any other claim by Tenant based upon Landlord's warranties and construction obligations contained herein, such dispute shall be resolved by arbitration in accordance with the contractors)rules of the American Arbitration Association, or in accordance with such other procedures as shall be mutually approved by the parties. In no event shall the Premises be deemed substantially complete and to deliver to Landlord ready for occupancy by Tenant until a certificate of occupancy (temporary or permanent) (or, if certificates of all such insuranceoccupancy are not issued by the municipality, an equivalent final inspection report authorizing Tenant's occupancy and use of the property) has been issued by the city in which the Premises are located. ▇▇▇▇▇▇ Landlord agrees to pay promptly when due the entire cost exercise every reasonable effort to obtain a final certificate of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any notices of contract or any liens for labor or materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge any such notices or liens which may so attach. Notwithstanding the provisions of Section 3.3, ▇▇▇▇▇▇ agrees that no delay by it, or anyone employed by it, in performing work to prepare the Premises for occupancy shall delay commencement as soon as possible following completion of the Term or the obligation to pay rent, regardless of the reason for such delay or whether or not it is within the control of Tenant or any such employee. All changes and all other alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise at the time of approval under Section 3.3 for Tenant's improvements or at the time of making the improvements if by Landlord, become the property of Landlord, and shall remain upon and be surrendered with the Premises, as a part thereof, at the end of the Term hereof. If Landlord elects to require that Tenant remove any improvements installed by Tenant, Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's reasonable costs of such removal and repair. Upon the expiration or earlier termination of this Lease, Tenant shall at Landlord's request restore the Premises to their condition prior to the Initial Fit-Up or the making of any changes permitted by this Section, reasonable wear and tear excepted. Tenant shall pay, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Building not otherwise billed to Tenant which shall result from any changes made to the Premises by or on behalf of Tenant (other than the Initial Fit-Up), whether made prior to or after the commencement of the Term of this Lease. [END OF ARTICLE III].