Common use of Construction Standards Clause in Contracts

Construction Standards. Any and all Improvements shall be constructed, and any and all alteration, renovation, repair, refurbishment, or other work with regard thereto shall be performed, in accordance with the following "Construction Standards" (herein so called): All such work shall be performed without cost, expense or other liability to Lessor and in a good and worker-like manner in accordance with good industry practice for the type of work in question and in accordance with the Plans and Specifications or the Remodeling Plan, as applicable. All work shall be performed by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required by law, and are subject to Lessor’s prior approval (such approval by Lessor not to be unreasonably withheld or delayed).] Lessee shall pay all architectural and engineering fees, any permit or license fees, and all other costs and expenses associated with the work; All such work shall be done in compliance with all applicable building codes, ordinances, deed restrictions, and other laws or regulations of governmental authorities having jurisdiction; No such work shall be commenced until there shall have been first obtained all licenses, permits, and authorizations required by all governmental authorities having jurisdiction; Lessee shall have obtained and shall maintain in force and effect the insurance coverage required in Article 14 with respect to the type of construction or work in question; After commencement, such work shall be prosecuted with due diligence to its completion; Lessee shall coordinate construction with UT Austin to minimize disruption; Lessee shall provide as-built plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. In the event Lessee is required to cease work, Lessor shall not be liable for any costs of Lessee, ▇▇▇▇▇▇'s contractors, subcontractors or any other person or entity as a result of any interruption of ▇▇▇▇▇▇'s use of the Premises; and Lessee shall cause all Improvements and alterations to the Premises to be designed, constructed, maintained, and operated in accordance with (i) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, and (ii) the ordinances and codes of the City of Austin, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain a building permit from the City of Austin and shall cooperate fully with all inspectors and other officials of the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein shall be deemed or interpreted to impose upon the Premises City of Austin zoning, density, or other development requirements. Lessee shall ensure that, during site preparation and construction of the Improvements, the Premises shall be maintained in a condition that is reasonably neat and clean, including without limitation the frequent removal and proper disposition of trash and debris.

Construction Standards. Any Lessee's Contractor shall obtain all necessary permits for and all construct the Tenant Improvements shall be constructed, and any and all alteration, renovation, repair, refurbishment, or other work with regard thereto shall be performed, in strict accordance with the following "Construction Standards" (herein so called): All such work shall be performed without cost, expense or other liability to Lessor and in a good and worker-like manner in accordance with good industry practice for the type of work in question and in accordance with the Plans and Specifications or the Remodeling Plan, as applicable. All work shall be performed by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required by law, and are subject to Lessor’s prior approval (such approval by Lessor not to be unreasonably withheld or delayed).] Lessee shall pay all architectural and engineering fees, any permit or license fees, and all other costs and expenses associated with the work; All such work shall be done in compliance with all applicable building codes, ordinances, deed restrictionsregulations, laws and other laws or regulations of governmental authorities having jurisdiction; No such work the Final Plans. The Tenant Improvements shall be commenced until there shall have been first obtained all licenses, permits, constructed and authorizations required by all governmental authorities having jurisdiction; Lessee shall have obtained completed lien-free and shall maintain in force a diligent and effect the insurance coverage required in Article 14 with respect workmanlike manner. As a condition to the type Lessee's Contractor's commencement of construction or work in question; After commencement, such work shall be prosecuted with due diligence to its completion; Lessee shall coordinate construction with UT Austin to minimize disruption; Lessee shall provide as-built plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. In the event Lessee is required to cease work, Lessor shall not be liable for any costs receive from Lessee's Contractor a certificate of Lesseeinsurance that names Lessor as an additional insured, ▇▇▇▇▇▇'s contractorsfrom an insurer meeting the requirements of Paragraph 8 of the Lease, subcontractors or any other person or entity and evidencing liability, property damage and "course of construction" coverages reasonably acceptable to Lessor, plus statutorily-required workers compensation insurance as a result being in force through the anticipated completion date of the Tenant Improvements, and providing that Lessor will receive at least thirty (30) days written notice of any interruption amendments to or cancellation of ▇▇▇▇▇▇such coverage. Lessee's use Contractor shall warrant to Lessee and for the benefit of Lessor that the tenant improvements shall be free from any defects in workmanship and materials for a period of one (1) year from the date of completion of the Premises; Tenant Improvements. Lessee's Contractor shall coordinate its work with Lessor, and adhere to such reasonable construction-related rules and procedures as Lessor may now or in the future reasonably promulgate. Lessee shall cause all Improvements and alterations permit Lessor or Lessor's representatives to observe the on-going construction within the Premises to be designed, constructed, maintained, insure compliance with Lessee's obligations under the Lease and operated in accordance with (i) this Exhibit C. Promptly following the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, and (ii) the ordinances and codes completion of the City of AustinTenant Improvements, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain from Lessee's Contractor and deliver to Lessor "as-built" or a building permit from record set (containing corrections made at the City site) of Austin and shall cooperate fully with all inspectors and other officials of plans for the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein shall be deemed or interpreted Tenant Improvements in form reasonably acceptable to impose upon the Premises City of Austin zoning, density, or other development requirements. Lessee shall ensure that, during site preparation and construction of the Improvements, the Premises shall be maintained in a condition that is reasonably neat and clean, including without limitation the frequent removal and proper disposition of trash and debrisLessor.

Construction Standards. Any and all Improvements shall be constructed, and any and all alteration, renovation, repair, refurbishment, or other All construction work with regard thereto shall be performed, in accordance with done by Tenant within the following "Construction Standards" (herein so called): All such work Demised Premises shall be performed without cost, expense or other liability to Lessor and in a good and worker-like workmanlike manner, in compliance with all governmental requirements, and in such manner as to cause a minimum of interference with other construction in accordance progress and with good industry practice the transaction of business in the Shopping Center. Without limitation on the generality of the foregoing, Landlord shall have the right to require that such work be performed during hours when the Shopping Center is not open for the type of work in question business, and in accordance with the Plans provisions of this Lease, including, without limitation, Section 7.8 on hazardous materials, and Specifications or any other rules and regulations which Landlord may from time to time prescribe. During any period of such work, Tenant shall have adequate fire extinguishers within the Remodeling Plan, as applicableDemised Premises. All work shall be performed by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk costs of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required by law, and are subject to Lessor’s prior approval (such approval by Lessor not to be unreasonably withheld or delayed).] Lessee shall pay all architectural and engineering fees, any permit or license fees, and all other costs and expenses associated with the work; All such work shall be done paid promptly so as to prevent the assertion of any liens for labor or materials. Tenant agrees to indemnify the Protected Parties, as defined in compliance with all applicable building codesSection 13.1 and hold Protected Parties harmless against any loss, ordinancesliability or damage resulting from such work, deed restrictionseven if any such loss, liability or damage arises from or is attributable to the concurrent negligence of any of the Protected Parties where such concurrent negligence is not the primary cause thereof, and Tenant shall, if requested by Landlord, furnish bond or other laws security satisfactory to Landlord against any such loss, liability or regulations damage. Whenever Tenant proposes to do any construction work within the Demised Premises, it shall first furnish to Landlord plans and specifications in such detail as Landlord may request covering all such work. Such plans and specifications shall comply with such requirements as Landlord may from time to time prescribe for construction within the Shopping Center. In no event shall any construction work be commenced within the Demised Premises without Landlords's written approval of governmental authorities having jurisdictionsuch plans and specifications. Tenant shall employ workmen and contractors approved in advance in writing by Landlord and in a manner and upon terms and conditions and at times satisfactory to and approved in advance in writing by Landlord. In any instance where Landlord grants such approval, Landlord may grant such consent contingent and conditioned upon Tenant's employees, contractors, laborers, materialmen and others furnishing labor or materials for Tenant's job working in harmony and not interfering with any labor utilized by Landlord, Landlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; No and if at any any time such entry by one or more persons furnishing labor or materials for Tenant's work shall cause disharmony or interference for any reason whatsoever without regard to fault, the approval granted by Landlord to Tenant may be commenced until there shall have been first obtained all licenses, permitswithdrawn at any time upon written notice to Tenant, and authorizations required by all governmental authorities having jurisdiction; Lessee shall Tenant expressly agrees to have obtained and shall maintain in force and effect the insurance coverage required in Article 14 with respect to the type of construction or work in question; After commencement, such work shall be prosecuted with due diligence to its completion; Lessee shall coordinate construction with UT Austin to minimize disruption; Lessee shall provide as-built plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. In the event Lessee is required to cease work, Lessor shall not be liable for any costs of Lessee, ▇▇▇▇▇▇'s contractors, subcontractors or any other person or entity as a result of any interruption of ▇▇▇▇▇▇'s use of the Premises; and Lessee shall cause all Improvements and alterations to the Premises to be designed, constructed, maintained, and operated in accordance with (i) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, and (ii) the ordinances and codes of the City of Austin, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain a building permit immediately removed from the City of Austin and shall cooperate fully with all inspectors and other officials of the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein Shopping Center. Nothing contained in this Lease shall be deemed or interpreted construed in any way constituting the consent of or request by Landlord, express or implied, to impose upon any contractor, subcontractor, laborer or materialman for the Premises City performance of Austin zoningany labor or the furnishing or any materials for the performance of any labor or the furnishing of any materials for any specific improvement, densityalteration or repair of the Demised Premises, the Shopping Center, or other development requirements. Lessee shall ensure thatany part thereof, during site preparation and construction nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the Improvementsfurnishing of any materials that would give rise to a lien against the Demised Premises, the Premises shall be maintained in a condition that is reasonably neat and cleanShopping Center, including without limitation or any part thereof, or against the frequent removal and proper disposition estate of trash and debrisLandlord or Tenant therein.

Construction Standards. Any The facilities constructed or installed by Licensee as described in EXHIBIT A shall be constructed and all Improvements installed in a good and workmanlike manner in accordance with the designs, specifications, and requirements set forth in EXHIBIT A , the terms and conditions of this License Agreement, and the following: 4.1 All structures shall be constructed, maintained, repaired and any operated at no cost to the Company. Nothing herein shall obligate the Company to incur expenses as part of the Project. 4.2 Where compacting of earth materials is required around the structures, the materials shall be compacted to standards required by Company and as specified in EXHIBIT A and herein. 4.3 Except as modified by EXHIBIT A , all portions of the Easement and of the ditch bottom, sides, and banks which are disturbed by the process of Licensee’s construction shall be restored to their original condition and all alteration, renovation, repair, refurbishment, or other work with regard thereto facilities appurtenant to the Ditch shall be performedreplaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction of the structures permitted by this License Agreement. 4.4 Licensee shall notify the Company at least five (5) days preceding the date of commencing any construction work pursuant to this License Agreement. Licensee will inspect all work during construction permitted by this License Agreement. The Company is permitted to inspect the installations during construction and may inspect the installations upon completion. The Company’s right to inspect in no way relieves Licensee of its liability for improper construction. The Company’s inspection is solely for the benefit of the Company and creates no obligation on behalf of the Company. Upon completion, Licensee shall provide the Company with “as-built drawings” completed and certified by Licensee that the construction complies with this License Agreement and the aforementioned plans and specifications. Licensee will also provide a construction completion report including daily construction reports, materials testing results, and construction photos. The engineer of record shall stamp the report certifying that the reconstruction of the Pipeline was completed substantially in accordance with the following "Construction Standards" (herein so called): All such work shall be performed without costapproved plans and specifications set forth in Exhibit A. 4.5 Licensee agrees to obtain, expense or other liability comply with, and to Lessor and in a good and worker-like manner in accordance with good industry practice pay for the type cost of work in question and in accordance with any permits required by any governmental authority or agency. To the Plans and Specifications or the Remodeling Plan, as applicable. All work shall be performed by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required extent allowed by law, Licensee shall indemnify the Company for any and are subject to Lessor’s prior approval (such approval by Lessor not to be unreasonably withheld or delayed).] Lessee shall pay all architectural costs, damages, fines and engineering fees, any permit or license fees, and all other costs and expenses associated with including reasonable attorneys’ fees incurred by the work; All such work shall be done in compliance with all applicable building codes, ordinances, deed restrictions, and other laws or regulations of governmental authorities having jurisdiction; No such work shall be commenced until there shall have been first obtained all licenses, permits, and authorizations required by all governmental authorities having jurisdiction; Lessee shall have obtained and shall maintain in force and effect the insurance coverage required in Article 14 with respect to the type of construction or work in question; After commencement, such work shall be prosecuted with due diligence to its completion; Lessee shall coordinate construction with UT Austin to minimize disruption; Lessee shall provide as-built plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. In the event Lessee is required to cease work, Lessor shall not be liable for any costs of Lessee, ▇▇▇▇▇▇'s contractors, subcontractors or any other person or entity Company as a result of any interruption of ▇▇▇▇▇▇Licensee's use of the Premises; and Lessee shall cause all Improvements and alterations failure to the Premises obtain such permits or approvals or failure to be designed, constructed, maintained, and operated in accordance with (i) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, and (ii) the ordinances and codes of the City of Austin, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain a building permit from the City of Austin and shall cooperate fully comply with all inspectors applicable permits, laws and other officials of the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein shall be deemed or interpreted to impose upon the Premises City of Austin zoning, density, or other development requirements. Lessee shall ensure that, during site preparation and construction of the Improvements, the Premises shall be maintained in a condition that is reasonably neat and clean, including without limitation the frequent removal and proper disposition of trash and debrisregulations.

Construction Standards. Any All work done in connection with the construction of the Connector Building shall be done as provided in this Section, except as the same may be modified in the approved Plans: (i) Tenant’s approved Plans and all Improvements design and construction of the Connector Building shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, any requirements of Mortgagee and Landlord’s fire insurance underwriters. (ii) Tenant shall obtain all required building permits, occupancy permits, licenses, variances, minor plats, and other governmental approvals. All of the foregoing shall be constructedacceptable to Landlord. (iii) Tenant shall use only new, and any and all alteration, renovation, repair, refurbishment, or other work with regard thereto first-class materials in constructing the Connector Building. The Connector Building shall be performed, in accordance with the following "Construction Standards" (herein so called): All such work shall be performed without cost, expense or other liability to Lessor and done in a good and worker-like manner workmanlike manner. Tenant will promptly correct any defects in accordance the Connector Building if reasonably rejected by Landlord as defective or as failing to conform to the approved Plans, whether observed before or after completion and whether or not fabricated, installed or completed. Tenant will bear all costs of correcting such defects in the Connector Building. If Tenant constructs the Connector Building contrary to the approved Plans, laws, statutes, ordinances, building codes, rules and regulations, Tenant shall assume full responsibility for correction of such defects. (iv) Tenant and Tenant’s contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Connector Building and to properly police same. Delivery and loading of equipment and materials shall be done only at such locations and at such time as Landlord shall direct. (v) Tenant shall permit access to the Connector Building, and the Connector Building shall be subject to inspection, by Landlord and Landlord’s Mortgagee, architects, engineers, contractors and other representatives, at all reasonable times and upon prior reasonable notice during the period in which the Connector Building is being constructed and installed; provided, however, Landlord agrees to use commercially reasonable efforts to minimize interference with good industry practice for Tenant’s construction of the type Connector Building in connection with such inspection. (vi) Tenant shall promptly pay all expenses, costs and charges of work in question every kind and in accordance with nature whatsoever arising out of the Plans and Specifications or construction of the Remodeling PlanConnector Building, as applicable. All work the same are incurred by or for Tenant. (vii) Tenant’s general contractor shall be performed approved by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required by law, and are subject to Lessor’s prior approval Landlord (such approval by Lessor not to be unreasonably withheld withheld, conditioned, or delayed).] Lessee shall pay all architectural and engineering fees. Notwithstanding the foregoing, any permit or license fees, and all other costs and expenses associated with Landlord hereby approves of Buffalo Construction as Tenant’s general contractor for the work; All such work shall be done in compliance with all applicable building codes, ordinances, deed restrictions, and other laws or regulations of governmental authorities having jurisdiction; No such work shall be commenced until there shall have been first obtained all licenses, permits, and authorizations required by all governmental authorities having jurisdiction; Lessee shall have obtained and shall maintain in force and effect the insurance coverage required in Article 14 with respect to the type of construction or work in question; After commencement, such work shall be prosecuted with due diligence to its completion; Lessee shall coordinate construction with UT Austin to minimize disruption; Lessee shall provide as-built plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. In the event Lessee is required to cease work, Lessor shall not be liable for any costs of Lessee, ▇▇▇▇▇▇'s contractors, subcontractors or any other person or entity as a result of any interruption of ▇▇▇▇▇▇'s use of the Premises; and Lessee shall cause all Improvements and alterations to the Premises to be designed, constructed, maintained, and operated in accordance with (i) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, and (ii) the ordinances and codes of the City of Austin, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain a building permit from the City of Austin and shall cooperate fully with all inspectors and other officials of the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein shall be deemed or interpreted to impose upon the Premises City of Austin zoning, density, or other development requirements. Lessee shall ensure that, during site preparation and construction of the Improvements, the Premises shall be maintained in a condition that is reasonably neat and clean, including without limitation the frequent removal and proper disposition of trash and debrisConnector Building.

Construction Standards. Any and all All work with respect to the construction of New Improvements shall be constructed, and any and all alteration, renovation, repair, refurbishment, or other work with regard thereto shall be performed, in accordance with the following "Construction Standards" done (herein so called): All such work shall be performed without cost, expense or other liability to Lessor and 1) in a good and worker-like manner workmanlike manner, (2) using only new, first class quality materials that are consistent and compatible in design and quality with the existing Building, (3) in accordance with good industry practice for the type of work in question plans and specifications approved by Tenant, Landlord and Landlord’s Mortgagee, and all applicable state, county, and municipal laws and ordinances, (4) in accordance with a timeline and critical path schedule approved by Tenant, Landlord and Landlord’s Mortgagee, (5) in accordance with a budget (including any modifications to the Plans budget) and Specifications expenses that are approved by Tenant, Landlord and Landlord’s Mortgagee, and (6) in the event of Construction by Tenant, subject to the insurance, indemnity and bonding requirements of ARTICLE 12 (Alterations by Tenant) ARTICLE 17 (Insurance) and ARTICLE 18 (Tenant’s Indemnity). Prior to delivery of possession of a New Improvement to Tenant, all persons who have performed work or provided materials for the Remodeling Plandesign, engineering or construction of a New Improvement shall have been paid in full, and the requisite lien releases and lien waivers from all such persons providing labor or materials (or any such liens shall have been bonded over to the Owner's satisfaction) shall be obtained by Landlord in the event of Construction by Landlord, or by Tenant in the event of Construction by Tenant, as applicablethe case may be. All work shall be performed by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required by law, and are subject to Lessor’s prior approval (such approval by Lessor not to be unreasonably withheld or delayed).] Lessee shall pay all architectural and engineering fees, any permit or license fees, and all other costs and expenses associated with the work; All such work shall be done in compliance with all applicable building codes, ordinances, deed restrictions, and other laws or regulations of governmental authorities having jurisdiction; No such work shall be commenced until there shall have been first obtained all licenses, permits, and authorizations required by all governmental authorities having jurisdiction; Lessee shall have obtained and shall maintain in force and effect the insurance coverage required in Article 14 with respect to the type construction of construction or work in question; After commencement, such work the New Improvement shall be prosecuted done pursuant to a construction contract approved by Tenant, Landlord and Landlord’s Mortgagee and with due diligence a contractor approved by Tenant, Landlord and Landlord’s Mortgagee and engaged pursuant to its completion; Lessee a competitive bidding process. The construction of a New Improvement shall coordinate construction be completed in substantial accordance with UT Austin to minimize disruption; Lessee shall provide as-built the approved plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66and specifications, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATEincluding all punchlist items and warranty work. In the event Lessee is required of Construction by Landlord, Tenant shall have the right to cease workhire, Lessor shall not be liable for any costs of Lesseeat Tenant’s sole cost and expense, ▇▇▇▇▇▇'s contractors, subcontractors or any other person or entity as a result of any interruption of ▇▇▇▇▇▇'s use of the Premises; and Lessee shall cause all Improvements and alterations to the Premises to be designed, constructed, maintained, and operated in accordance with (i) the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, and (ii) the ordinances and codes of the City of Austin, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain a building permit from the City of Austin and shall cooperate fully with all inspectors and other officials of the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein shall be deemed or interpreted to impose upon the Premises City of Austin zoning, density, advisor or other development requirements. Lessee shall ensure thatprofessional to supervise, during site preparation inspect and approve construction of the New Improvements, the Premises shall be maintained in a condition that is reasonably neat and clean, including without limitation the frequent removal and proper disposition of trash and debris.

Construction Standards. Any Tenant agrees that the rules and regulations listed below (the “Construction Standards”) will apply to the construction of the Tenant Improvements and Tenant agrees to enforce the Construction Standards and to prohibit contractors or subcontractors from performing the Tenant Improvements who do not abide by the Construction Standards. Construction Standards: · Safety Signs Posted at the Building pursuant to OSHA regulations during construction · Comply with all Improvements OSHA rules and regulations applicable to the construction · Comply with all local, state and federal laws applicable to the construction · Hard hats and safety boots required pursuant to OSHA regulations · No drugs, alcohol or weapons at the Building or Land · Report all accidents in writing to the Landlord · Maintain a clean job site including the Building and Land · Adequate and clean portable toilet facilities are to be provided on the Land (use of the Building restrooms by any contractors or subcontractors is prohibited) · Adequately sized trash dumpster is to be provided in a location on the Land (the trash dumpster shall include a door or cover to minimize the potential for debris blowing or falling out of the dumpster) (the trash dumpster area shall be constructed, cleaned and debris placed in the dumpster at the end of each work day) · Access to the Building during construction is limited to the 2 side entry doors of the Building (use of the main Building lobby entry doors by any contractors or subcontractors is prohibited) · Any construction activity on the fire sprinkler system will require that Landlord be notified in advance and all alteration, renovation, repair, refurbishment, or other will require that a representative from the fire alarm company be present to avoid triggering the fire alarm · Any work with regard thereto shall be performed, in accordance with which will penetrate the following "Construction Standards" (herein so called): All such roof of the Building will require Landlord’s approval and will require that the work shall be performed without cost, expense or other liability to Lessor and in a good and worker-like manner in accordance with good industry practice for the type of work in question and in accordance with the Plans and Specifications or the Remodeling Plan, as applicable. All work shall be performed by ▇▇▇▇▇▇'s contractors, subcontractors or agents and at the sole cost and risk of Lessee. [All contractors, subcontractors or agents must be reputable, hold active licenses if required by law, and are subject to Lessor’s prior approval (such approval by Lessor not to be unreasonably withheld or delayed).] Lessee shall pay all architectural and engineering fees, any permit or license fees, and all other costs and expenses associated with roofing contractor which installed the work; All such work shall be done in compliance with all applicable building codes, ordinances, deed restrictions, and other laws or regulations of governmental authorities having jurisdiction; roof · No such work shall be commenced until there shall have been first obtained all licenses, permits, and authorizations required by all governmental authorities having jurisdiction; Lessee shall have obtained and shall maintain in force and effect the insurance coverage required in Article 14 with respect access to the type of construction lobby area is permitted by any contractors or work in question; After commencement, such work shall be prosecuted with due diligence to its completion; Lessee shall coordinate construction with UT Austin to minimize disruption; Lessee shall provide as-built plans to Lessor after construction is completed; LESSEE IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ▇▇▇., IN EACH CASE AS MAY BE AMENDED FROM TIME TO TIME. BEFORE BREAKING GROUND AT THE PREMISES, ▇▇▇▇▇▇ SHALL NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY MIGHT BE REQUIRED BY THE COMMISSION BEFORE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE. FURTHER, IN THE EVENT THAT ANY SITE, OBJECT, LOCATION, ARTIFACT OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS LEASE, LESSEE WILL IMMEDIATELY CEASE SUCH ACTIVITIES AND WILL IMMEDIATELY NOTIFY LESSOR SO THAT ADEQUATE MEASURES MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. In the event Lessee is required to cease work, Lessor shall not be liable for any costs of Lessee, ▇▇▇▇▇▇'s contractors, subcontractors or any other person or entity as a result of any interruption of ▇▇▇▇▇▇'s use of the Premises; and Lessee shall cause all Improvements and alterations to the Premises to be designed, constructed, maintained, and operated in accordance with unless (i) access is required for construction of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and the Texas Architectural Barriers Act (Government Code, Chapter 469)all amendments thereto, and all regulations promulgated thereunder, Tenant Improvements and (ii) the ordinances and codes advance notice is provided to Tenant. · Full time supervision of the City of Austin, Texas, notwithstanding the applicability of such ordinances and codes to construction located on property owned by the State of Texas. Lessee shall obtain a building permit from the City of Austin and shall cooperate fully with all inspectors and other officials of the City of Austin concerning design, construction, maintenance, and operation of all Improvements; nothing herein shall be deemed or interpreted to impose upon the Premises City of Austin zoning, density, or other development requirements. Lessee shall ensure that, during site preparation and construction of the Tenant Improvements is required by a qualified superintendent of the general contractor performing the Tenant Improvements, the Premises shall be maintained in a condition that is reasonably neat and clean, including without limitation the frequent removal and proper disposition of trash and debris.