Common use of Landlord Improvements Clause in Contracts

Landlord Improvements. Landlord shall substantially complete the Landlord Improvements prior to Tenant’s taking occupancy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction of the Landlord Improvements is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be corrected.

Landlord Improvements. Landlord shall substantially complete the Landlord Improvements prior to Tenant’s taking occupancy of the 2017 Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1December 31, 20142017. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawingdrawings, save and except for minor “punch list” items such that Tenant can occupy the 2017 Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the 2017 Expansion Space and Landlord has delivered possession of the 2017 Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1December 31, 20142017. Upon Substantial Completion, Landlord shall deliver possession of the 2017 Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction of the Landlord Improvements is not substantially completed by May 1December 31, 20142017, then the 2017 Expansion Space Commencement Date shall be automatically amended to be that date the 2017 Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the 2017 Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the 2017 Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be corrected.

Landlord Improvements. Landlord will construct a laboratory build-out for the Premises ("Landlord Improvements") pursuant to plans submitted by Landlord to Tenant and reasonably approved by Tenant ("Plans"), which shall substantially complete be consistent with the floor plan attached hereto as Exhibit "C." The Plans generally shall provide for the Landlord Improvements prior to Tenant’s taking occupancy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been be constructed in material accordance order to accommodate generally accepted generic biotechnical laboratory uses, except as Landlord may otherwise agree. Unless otherwise determined by Landlord, the Tenant Improvements shall include the construction of an energy efficient electronically controlled central HV/AC plant. Within five (5) days after the Effective Date, Tenant shall provide to Landlord for Landlord's review and approval the following: (i) a proposed detailed list of equipment for the Premises, with the above referenced drawingmake, save model, and except for minor “punch list” items such that Tenant can occupy the Expansion Space specifications, and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition(ii) a detailed chemical inventory, with all building systems in good working order codes and the roof water-tight, and in compliance with all laws applicable classifications. Tenant shall provide to Landlord or Tenant. In the event that such other information as Landlord may reasonably request for construction of the Landlord Improvements is not substantially completed by May 1, 2014, then within five (5) days after written request therefor. Tenant shall provide written notice of its disapproval of the Expansion Space Commencement Date Plans within five (5) days after the Plans have been submitted detailing its precise reasons for disapproval. The failure of Tenant to disapprove the Plans in writing within a five (5) day period shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion conclusively deemed Tenant's approval of the Landlord Improvements, Plans. Landlord shall give Tenant (i) written notice (“Notice have its architect revise the Plans to remedy any reasonable objections of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of CompletionTenant, Landlord and Tenant shall meet have an additional five (5) day period to review the revised Plans to reasonably determine if such objections were satisfied; provided, however, Tenant shall make no new objections to the Plans. If there are any reasonable objections not addressed by revised Plans, the review procedure shall be repeated until all Tenant's objections are reasonably satisfied. If Tenant has not fully approved the Plans within sixty (60) days after the date such plans were first submitted to Tenant hereunder, Landlord at its sole election may terminate this Lease. Tenant shall timely sign and submit to Landlord a mutually convenient time Certificate of Approval of Tenant Improvement Plans in the form as shown in Exhibit "F" attached to perform a walk-through this Lease and incorporated herein by this reference ("Certificate"). In the case where Tenant is deemed to have approved the Plans on account of Tenant's failure to timely respond following the delivery of the Expansion Space Plans, such approval shall be deemed to inspect have been given in accordance with the terms of the Certificate. Tenant acknowledges that Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedmay reasonably change the Plans as required by Applicable Law or unforeseen circumstances.

Landlord Improvements. Landlord shall substantially complete shall, at its expense, perform the work described in Article I hereof. Landlord Improvements agrees to assign to Tenant any guarantees furnished to Landlord by any contractor, or subcontractor, in connection with such work, such assignment to be furnished at the commencement of the Lease Term. Tenant agrees that Landlord may make any changes in such work, which may become reasonably necessary or advisable, other than substantial changes, without the prior approval of Tenant, provided notice thereof is promptly given to Tenant’s taking occupancy , and Landlord may make substantial changes in such work, with the prior written approval of the Expansion SpaceTenant. Landlord covenants that (i) the demised premises shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed be completed in material a good and workmanlike manner in accordance with the above plans and specifications referenced drawingin Exhibit B hereto, save and except for minor “punch list” items such that Tenant can occupy (ii) the Expansion Space demised premises and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order Building and the roof water-tight, and means of access hereto shall be put in compliance with all applicable laws applicable and regulations, compliance with which is a condition precedent to Landlord or the Tenant. In the event that construction 's lawful occupancy of the Landlord Improvements is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date demised premises. The demised premises shall be automatically amended deemed to be that date Substantially Complete when the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant standards set forth in clauses (i) written notice and (“Notice ii) above are met, other than (with respect to clause (i)) completion of Completion”) that items not reasonably necessary for the Expansion Space are ready use of the demised premises for occupancy. Within seven the purpose for which it is leased hereunder, but the Landlord covenants to use diligence to complete such items promptly an din any event no later than thirty (730) days following after the Commencement Date. Landlord shall notify Tenant when Landlord’s giving 's Improvements have advanced sufficiently to permit Tenant to install its equipment and furnishings or to perform any other work to be done by Tenant. Entry by Tenant or its agents for performing any other work shall be permitted by Landlord prior to the commencement date of this Lease. The cost of Landlord's Improvement as described in this section and the Notice plans and specifications attached hereto and marked Exhibit B, including without limitation all labor and materials, electricity during the construction period, building permits, charges of Completionarchitects and engineers retained by Landlord, and insurance relating to such work shall be paid by the Landlord, or, if the Building is sold during construction, Landlord and Tenant shall meet at a mutually convenient time will provide to perform a walk-through its successor in interest to this Lease, funds sufficient to cover the costs of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedLandlord's Improvements.

Landlord Improvements. Landlord shall substantially complete shall, at its sole cost and expense, construct the Landlord Improvements prior Premises according to Tenant’s taking occupancy of and to the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant extent provided in the required condition, which date is currently anticipated to plans and specifications attached hereto as EXHIBITS B AND C and designated as "Landlord's Work". Landlord's Work shall be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession completed in a good and workmanlike manner using new materials of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, quality and in compliance with Applicable Laws. Landlord hereby guarantees all laws applicable improvements for a period of one (1) year. General outline building plans for the Building conforming to or consistent with the plans and specifications for Landlord's Work, and including outline floor plans, and outline structural, mechanical and electrical plans, shall be submitted to Tenant for its review within ten (10) business days of the final signing of this Lease by Landlord and Tenant. Tenant shall have ten (10) business days from the receipt thereof to review such outline plans and specifications. Failure to make written objections thereto within said ten (10) day period shall be deemed to constitute Tenant's approval thereof. If any such objections are made by Tenant within said period, Landlord and Tenant will attempt, in good faith, to make such changes therein to accommodate Tenant's needs. Final detailed construction plans and specifications of Landlord's Work for the Building shall be submitted to Tenant for Tenant's approval within twenty (20) business days after the final signing of this Lease by Landlord and Tenant. The detailed plans and specifications of Landlord's Work for the Building shall conform with said general outline plans and specifications reviewed and approved by Tenant and with the specifications attached hereto. Any material changes or modifications in such plans or specifications shall require Tenant's review and approval. In the event of such material changes or modifications, Tenant shall have ten (10) business days from the receipt of such changes and modifications to review and comment on the same. Failure to comment within said period, in writing, shall be deemed to constitute Tenant's approval thereof. Tenant agrees that construction it will not withhold its approval, except for just and reasonable cause, and will not act in an arbitrary or capricious manner with respect to the approval of said final plans and specifications. When said final plans and specifications have been approved by Landlord and Tenant by affixing thereon the signature of an authorized officer or employee of each of the respective parties, a description of said final plans and specifications shall be attached to each party's copy of this Lease, in place of and in lieu of the specifications attached to this Lease at the time of its execution and Landlord Improvements shall construct and complete the Building in accordance with said final plans and specifications and applicable laws. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change orders or agreement signed by Landlord and Tenant and shall constitute an amendment to this Lease. In the event Landlord and Tenant are unable to agree upon and approve said final plans and specifications on or before the date which is forty (40) business days after the date of this Lease, either Landlord or Tenant shall have the right to terminate this Lease by giving written notice of such termination to the other party hereto. Tenant shall have the privilege of entering the Building approximately thirty (30) days prior to the substantial completion thereof (except that Tenant may enter the Building prior to that time, with the prior consent of Landlord, for the purpose of planning only) for the purpose of installing fixtures and other equipment, provided that such entry or work does not substantially completed unreasonably interfere with the completion of the work to be done by May Landlord. Landlord agrees to give Tenant notice of the anticipated date of substantial completion of the Building approximately one (1) month prior to such substantial completion. In the event Tenant requests, 2014in writing, a change in any of the final approved plans and specifications, Tenant agrees to pay Landlord upon completion of such work, the costs, if any, incurred by Landlord as a result of implementing such change request. Any request which would result in any material delay or material increase in cost shall be subject to Landlord's approval, which approval may specifically be conditioned upon additional compensation for delay, the extension of the commencement date of the term and/or the payment in cash for such added costs. Landlord shall determine (or provide its best estimate of) the cost of such change order prior to implementing such change. Any such change order which results in a material increase in costs shall be acknowledged by Tenant in writing and if the costs have been determined, then the Expansion Space Commencement Date increase shall be automatically amended agreed upon in writing. If Landlord has estimated the cost of such change and such change will exceed Landlord's estimate, Landlord will obtain Tenant's prior authorization before proceeding further with such change. An itemization, with reasonable detail, of any change order resulting in an increase in costs of $100.00 or more, shall be supplied to Tenant, which itemization shall include the general contractor's administrative costs, overhead and profit (not to exceed five percent (5%) of the total change order cost) as a separate line item. Said costs shall be increased to include construction interest incurred on such costs and/or incurred as a result of any delay to commencement of the term. Tenant shall also be responsible for the costs, if any, charged to Landlord by third parties in processing any such request, which shall include, but shall not be limited to, outside consultant fees, design professional fees and Landlord's construction manager's overhead and profit (which shall be five percent (5%) of the total change order cost). Landlord's Work as shown on the final plans shall be deemed "substantially completed" for all purposes under this Lease when: i) they are accessible and in a condition which would enable them to be that date the Expansion Space is delivered fully usable by Tenant for its normal business operations, and ii) Landlord delivers to Tenant with the city certificate of occupancy or other evidence of Tenant's right to occupy and use the Premises, including, without limitation, a temporary certificate of occupancy. By occupying the Premises as a tenant, Tenant shall have conclusively deemed to have accepted the same and to have acknowledged that said Premises are in the condition required by this Lease, except for latent defects and those punch list matters which Tenant shall have notified Landlord Improvements substantially completeof, in writing, within forty-five (45) days of such occupancy. Upon Substantial Completion Landlord agrees to cause to be completed or corrected as soon as reasonably possible all such latent defects and punch list matters, if within the scope of the Landlord Improvementsfinal plans. Notwithstanding the foregoing, if Landlord's Work as shown on the final plans has been substantially completed, except for exterior matters which cannot be completed due to weather conditions and interior punch list items, then said Landlord's Work shall nonetheless be deemed substantially completed for purposes of this Lease, provided occupancy evidence has been delivered , and in such case, Landlord shall give complete such uncompleted exterior matters as soon as reasonably possible once weather conditions so permit. Landlord warrants to Tenant (that Landlord's Work shall be constructed: i) in accordance with the final plans, ii) in a workmanlike and skillful manner, iii) free from all faults and defects in workmanship, material, design and title, and iv) in compliance with all applicable laws, ordinances and regulations of governmental authorities having jurisdiction over the Premises. Landlord's obligations pursuant to this Article shall be limited to causing Landlord's Work, at its sole cost and expense, to conform to the foregoing representations and warranties; provided, however, that Tenant shall have first given timely written notice of such noncompliance to Landlord, and in any event, such notice shall be on or before ten (“Notice 10) days prior to the first anniversary date of Completion”) that the Expansion Space are ready for issuance of the city certificate of occupancy. Within seven (7) days following Landlord makes no other warranties or representations, either express or implied, nor any warranties of habitability or for a particular purpose, with respect to the Premises, it being understood that Tenant has approved the plans prior to construction of Landlord’s giving of 's Work. Landlord shall assign to Tenant all manufacturer's warranties and other warranties, if any, which it receives from third parties in connection with Landlord's Work at such time during the Notice of Completionlease term, if necessary, for Tenant's maintenance obligations under Article 5 or other obligations under this Lease. However, Landlord shall continue to have the license and right to enforce such warranties, if necessary, in connection with the representations or warranties by Landlord to Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedunder this Section or Landlord's maintenance obligations under Article 5.

Landlord Improvements. Landlord shall substantially will complete the Landlord Improvements prior to Tenant’s taking occupancy construction of the Expansion Space. Landlord shall use commercially reasonable efforts improvements to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed leased premises in material accordance with the above referenced drawingplans and specifications agreed to by Landlord and Tenant, save which plans and except for minor “punch list” items such that specifications are made a part of this Lease by reference. Within seven days of receipt of plans and specifications, Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy shall execute a copy of the Expansion Space plans and Landlord has delivered possession specifications and, if applicable, change orders setting forth the amount of the Expansion Space to Tenant in the required condition, which date is currently anticipated any costs to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or borne by Tenant. In the event Tenant fails to execute the plans and specifications and change order within the seven-day period, Landlord may, at its sole option, declare this Lease canceled or notify Tenant that the base rent shall commence on the completion date even though the improvements to be constructed by Landlord may not be complete. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change order or agreement signed by Landlord and Tenant and shall constitute an amendment to this Lease. The Leased premises will be connected, at Landlord's expense subject to reimbursement of rent as described in Article 1.04, to a public sanitary sewer, water supply, storm sewer, electricity and gas, which must in Tenant's sole judgment, be adequate to serve all of the needs of the Tenant in the operation of the restaurant. Landlord warrants that Tenant shall have shared use and access of said sanitary sewer and other utilities for the full term of this Lease Agreement and any extensions hereof, subject to Tenant property use and payment by Tenant for sewer and utility services. Tenant and Landlord shall mutually have the sole right to approve the ultimate contractor who will construct the Improvements, and Tenant shall be furnished copies of all contracts, bids, estimates, change orders and contract amendments entered into or received by Landlord. All change orders shall be subject to Tenant's written approval. Tenant shall, at all times, have the right to inspect the progress of construction of the Improvement. If Tenant shall give Landlord Improvements is notice of faulty construction or any other deviation from the Plans and Site Plan, Landlord agrees to cause its contractors and/or sub-contractors to promptly make appropriate corrections, which shall not substantially increase project costs or rent to Tenant, except for change orders approved in writing by Tenant. All such work shall be completed by May 1in a good and workmanlike manner, 2014according to the Plans and Site Plan, and in accordance with the applicable laws, ordinances and licensing and consent requirements and in compliance with the covenants of the Lease. Landlord shall promptly and diligently, after the execution of this Lease Agreement, proceed to obtain all necessary governmental permits and approvals for the construction and development contemplated in this Lease Agreement. If said permits and approvals are not obtained within twenty (20) days of the execution of this Lease Agreement, then Tenant shall have the Expansion Space Commencement Date right and option to obtain such permits and approvals. The costs of causing the Plans and Site Plan to conform to local and state codes, and obtaining all permits and approvals (whether by Landlord or Tenant) shall be automatically amended to be that date borne by Landlord and included in the Expansion Space is delivered to Tenant with the Landlord Improvements substantially completerent as described in Article 1.04 B-2. Upon Substantial Completion of the Landlord ImprovementsProvided however, if Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completionbe unable to ultimately obtain all governmental permits and approvals after using its best effort to do so, and either Landlord and or Tenant shall meet at choose to shall have the right to terminate this Lease Agreement, each shall not be responsible for any costs incurred by the other. On or after the thirtieth (30th) day prior to the estimated Delivery Date, Tenant shall have the right and privilege to receive, store, and install its trade fixtures in or on the Leased Premises, provided, however, that receiving, storing and installing of such, shall be in a mutually convenient time to perform a walk-through manner that will not interfere with completion of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list Landlord's work. It is expressly agreed that such action by Tenant shall not constitute acceptance of minor items needing correction Leased Premises as being Ready for Occupancy as required herein, and Landlord shall promptly cause such items have no liability for any damage to, or loss of, said trade fixtures. On the Possession Date, Tenant shall be deemed to be correctedhave taken possession of the Leased Premises and accepted same in its then present "As Is" condition, except for completion of the Punch List items.

Landlord Improvements. Landlord shall substantially complete construct and deliver, at its sole cost and expense, the Landlord Improvements prior to Tenant’s taking occupancy of the Expansion Space. Landlord improvements set forth in Exhibits B and C. The improvements shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been be constructed in material accordance with the above referenced drawingall American with Disabilities Act requirements (Federal, save State and except for minor “punch list” items such that Local) and shall be provided by Landlord at Landlord's sole cost and expense. Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities shall be responsible for the legal occupancy cost of any improvements beyond those set forth in Exhibits B and C. The lease shall be contingent upon the Expansion Space attachment of Exhibits B & C and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction initials of the Landlord Improvements is not substantially completed by May 1, 2014, then and Tenant thereto. Any modifications to the Expansion Space Commencement Date specifications shall be automatically amended established and mutually agreed upon prior to the commencement of construction. In accordance with Section 5.02 of this Lease, in the event the City of Reno, the fire department or any other government agency requires additional improvements to the building (beyond those set forth in Exhibits B or C) due to a change in Tenant's proposed and specific use of said building, such improvements and all related costs shall be at the sole cost and expense of Tenant. Gametech International Reno, Nevada SUMMARIZED PROJECT SPECIFICATION: (FULL HEIGHT CONCRETE TILT PANELS WITH HYBRED ROOF STRUCTURE AND FOUR-PLY ROOF MEMBRANE) Site: 119,355 square feet Building: 39,306 square feet Building Coverage: 33% Office: 35,000 square feet. An allowance of $1,225,000 has been provided. Grade Level: One each 12' x 14', chain-driven, insulated sectional, vertical lift. Construction Type: 20,000 square foot shell, concrete tilt up exterior walls, 24' clear above finish floor; panelized wood roof structure (commonly referred to as a "Hybird" system) with four-ply built up roofing. Roof is single slope @ 1/4" per linear foot with parapets and external roof drainage. Structure is considered a Type V-N with a mixed B1 & S3 occupancy. Insulation: Entire roof structure to receive FSK or equal R-19 batting within the sub-purlins Clear Height: 24' (minimum) Electrical Service: 277/480 volt, 3-phase, 4-wire, 800 amp service (exact size to be that date determined). Fire Protection: The warehouse will be protected with a .33/3,000 sprinkler system. The system design will be coordinated through the Expansion appropriate governmental jurisdiction. Lighting: 400 watt metal halide, high bay, enclosed, light fixtures to be installed at a ratio of one per every 500 square feet of warehouse floor area. Fixtures to be Lithonia or equal. Office area lighting per the allowance amount. Allowances: Office Space $ 1,225,000 Architectural Feature at Front Entry $ 15,000 Land (2.74 acres at $5.75 per square foot) $ 686,250 Permits and Fees $ 77,000 GENERAL DESCRIPTION: Approximate 22,272 square foot shell (with a second floor mezzanine of 17,322 square feet), concrete tilt up exterior walls, 24' minimum clear height above finished floor; panelized wood roof structure with four-ply built up roofing. Roof is delivered to Tenant single slope @ 1/4"/LF with the Landlord Improvements substantially completeparapets and external roof drainage. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for Structure is considered a Type V-N with a mixed B1 and S3 occupancy. Within seven This specification is based on the 2.74 acre site along Sandhill Street (7currently referred to as Parcel 1-C, PM 3395) days following Landlord’s giving of in the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be corrected.South Xxxxxxx Business Park area. DIVISION 1: GENERAL REQUIREMENTS

Landlord Improvements. A. Subject to the terms and provisions of this Section 35, Landlord shall construct or cause to be constructed the following base building improvements in connection with the Premises: (i) construction of a Building-standard common corridor on the thirty-third (33rd) floor of the Building separating and demising that portion of the Premises comprising the 33rd Floor Space (and the finishes for such common corridor shall be substantially complete similar to the finishes for the existing common corridor located on the twenty-second (22nd) floor of the Building); (ii) renovation of the common area restrooms located on the thirty-third (33rd) floor of the Building (and the finishes for such restroom work shall be substantially similar to the finishes for the existing common area restrooms located on the twenty-second (22nd) floor of the Building) (the “33rd Floor Restroom Work”); (iii) provision of electrical service and meter housing to each of the thirty-third (33rd) and thirty-fourth (34th) floors of the Building; (iv) cleaning, repair, and replacement, if necessary, of the existing window blinds located within the Premises; (v) installation of Building-standard doors for stairwells, restrooms, and electrical, mechanical, janitor, and telephone rooms; (vi) provision of a main medium pressure loop for air distribution; (vii) repair of any existing V.A.V. boxes that are not in working order; and (viii) provision of existing sprinkler system with sprinkler heads installed and operational (provided, Landlord shall have no responsibility for any relocation or modification of any such sprinkler heads) (collectively, the “Landlord Improvements”). Landlord shall construct the Landlord Improvements prior to Tenantat Landlord’s taking occupancy sole cost and expense utilizing Building-standard qualities and quantities of the Expansion Spacematerials and finishes. Landlord shall use commercially reasonable efforts to substantially complete the Landlord Improvements by May August 1, 2014. “Substantial Completion” 2008, subject to Force Majeure, applicable Laws, and delays attributable to the acts or omissions of Tenant or Tenant’s officers, agents, employees, or contractors (it being understood and agreed that Landlord shall mean the be commencing such Landlord Improvements have been constructed within a reasonable time following the full execution and delivery of this Lease by each of Landlord and Tenant, and that Landlord shall thereafter diligently pursue the completion of such Landlord Improvements during and in material accordance conjunction with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy Tenant’s performance of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tightinitial Tenant’s Work, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction each of the Landlord Improvements is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time agree to perform a walk-through reasonably cooperate with the other party hereto in connection with the performance and completion of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedtheir respective construction obligations hereunder).

Landlord Improvements. Landlord shall substantially will complete the Landlord Improvements prior to Tenant’s taking occupancy construction of the Expansion Spaceimprovements to the Premises in accordance with the architectural plans and specifications attached hereto as EXHIBITS C and D. Any changes or modifications to the said plans and specifications shall be accomplished by written change order executed by both Landlord and Tenant. The parties agree that the Initial Base Rent is based on the development cost estimates set forth in the preliminary project budget attached hereto as EXHIBIT F, and that upon Project completion the Base Rent will be increased or decreased to reflect actual project costs. Specifically, upon completion of the construction of the Premises, the Initial Base Rent shall be adjusted so that Landlord's gross annual yield is thirteen and thirty-five/100 percent (13.35%) of the total cost of the Project (i.e. annual Base Rent equals Total Project Costs multiplied by 13.35%), provided, however that the "Soft Costs" as set forth in EXHIBIT F shall be fixed at $616,809.00. Tenant shall be entitled to participate in the construction management process and will have the right to initiate and approve plan modifications and all construction subcontracts. Landlord shall use commercially reasonable efforts provide Tenant with construction cost information on an "open book" basis and will allow Tenant to complete audit Landlord's accounting records with respect to the construction of the Premises. Upon completion of construction and reconciliation of Total Project Costs, the Landlord Improvements by May 1and Tenant shall execute an Addendum in the form of attached EXHIBIT E, 2014. “Substantial Completion” shall mean which Addendum shall, among other things, confirm the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities Base Rent for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or TenantPremises. In the event that construction the Total Project Costs incurred by Landlord (exclusive of the Landlord Improvements is not substantially completed by May 1, 2014Soft Costs) exceed Five Million Five Hundred Thousand and 00/100 Dollars ($5,500,000), then the Expansion Space Commencement Date any such excess costs shall be automatically amended paid to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvementsby Tenant, Landlord shall give Tenant in cash, within fifteen (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (715) days following completion of construction, reconciliation of Project Costs, and Landlord’s giving 's submission of the Notice of Completion, Landlord and an invoice to Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause for such items to be correctedexcess costs.

Landlord Improvements. Landlord shall substantially complete The parties recognize and acknowledge that the Landlord Improvements prior Leased Premises are currently a former restaurant facility and need to Tenant’s taking occupancy be remodeled, including the interior and exterior of the Expansion SpaceLeased Premises. Landlord shall use commercially reasonable efforts retain the services of (i) Xxx Architects/Interior Designers, P.C. (the “Architect”), and (ii) a general contractor reasonably acceptable to complete Landlord, which general contractor may not be the lowest bidder, for the purpose of preparing the Leased Premises for Tenant’s occupancy pursuant to plans and specifications prepared by the Architect, which plans and specifications shall be reasonably acceptable to Tenant (the “Work”). Upon approval of the plans and specifications, Landlord Improvements by May 1, 2014shall construct the Work as soon as is reasonably practicable. The “Substantial CompletionCommencement Date” shall mean be the earlier of the date that (i) a temporary certificate of occupancy (the “TCO”) is issued for the Leased Premises, or (ii) a certificate of occupancy (the “CO”) is issued for the Leased Premises and the parties shall execute a written document in form and substance reasonably satisfactory to Landlord Improvements and Tenant acknowledging the date of the Commencement Date; provided, however, that the Commencement Date shall be earlier in the event that the TCO is issued at a later date due to changes to the Work requested by Tenant, with such date being determined by the Architect. Landlord shall provide to Tenant periodic reports setting forth the progress of the remodeling and the anticipated date that the Leased Premises will have been constructed in material accordance with a TCO or CO. After delivery of the above referenced drawingLeased Premises to Tenant, save and except for minor Landlord shall have the right to enter the Leased Premises during normal business hours to finish “punch list” items and such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy work shall not be deemed to be a breach of the Expansion Space and Landlord has delivered possession covenant of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction of the Landlord Improvements is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedquiet enjoyment.

Landlord Improvements. In the event Tenant desires that Landlord make capital improvements to the Premises pursuant to this Section 29 (the “Landlord Improvements”), Tenant shall submit a written request to Landlord, which details the proposed scope and cost of such Landlord Improvements (a “Landlord Improvement Request”). In the event Landlord elects, in its sole discretion, to make such Landlord Improvements, Landlord shall substantially notify Tenant in writing within thirty (30) days after receipt of the Landlord Improvement Request, and that if Landlord does not respond within such thirty (30) day period, Landlord shall be deemed to have rejected the Landlord Improvement Request. If Landlord accepts the Landlord Improvement Request, Landlord and Tenant shall use good faith commercially reasonable efforts to agree on the scope of such Landlord Improvements, including plans and specifications (which shall be at Tenant’s sole cost and expense) (the “Scope of Landlord Work”). In the event Landlord and Tenant agree on the Scope of Landlord Work, Landlord shall complete the Landlord Improvements prior to Tenant’s taking occupancy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed substantially in material accordance with the above referenced drawing, save agreed upon Scope of Landlord Work and except for minor Exhibit “punch listC.” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction of the Landlord Improvements is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion substantial completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice Landlord shall reimburse Tenant for the documented out-of-pocket costs of the plans and specifications and (“Notice ii) the annual Base Rent shall thereafter increase by an amount equal to the product of Completion”(A) that the Expansion Space are ready for occupancy. Within seven percent (7%), multiplied by (B) days following Landlord’s giving the actual out-of-pocket cost of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements (including the reimbursement to Tenant for the cost of the plans and specifications pursuant to prepare a punch list clause (i)), and such additional Base Rent thereafter shall increase annually at the same rate as the balance of minor items needing correction and Landlord shall promptly cause such items to be correctedthe Base Rent (i.e., two percent (2%)).

Landlord Improvements. Landlord shall substantially complete the Landlord Improvements prior to Tenant’s taking occupancy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial CompletionExcept as specifically set forth herein, Landlord shall deliver possession not be obligated to construct or install any improvements or facilities of any kind in the Premises, and Tenant shall accept the Premises in its currently-existing, "as-is" condition. Notwithstanding the foregoing, Landlord hereby agrees, at Landlord's sole cost and expense, to (i) re-carpet the interior floors of the Expansion Space entire Premises, (ii) clean the VCT tile in the lab area of the Premises, and (iii) apply touch-up paint to the painted surfaces of the interior walls of the Premises to the extent necessary in Landlord’s reasonable discretion (collectively, the "Tenant in good, vacant, broom clean Improvements"). All such Tenant Improvements shall be completed to Landlord's "Building standard" condition, using Building standard methods, materials and procedures, in "Building standard" color or colors (if applicable) to be designated by Landlord. Tenant shall make no changes or modifications to the Tenant Improvements without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. The Premises shall be deemed "Ready for Occupancy" upon the substantial completion of construction of the Tenant Improvements with all building systems the exception of any punch list items and any tenant fixtures, work-stations, built-in good working order and the roof water-tightfurniture, and in compliance with all laws applicable or equipment to Landlord or be installed by Tenant. In the event that construction the acts or omissions of Tenant or its agents or employees shall delay the substantial completion of the Landlord Improvements is not substantially completed by May 1, 2014Tenant Improvements, then the Expansion Space Lease Commencement Date shall be automatically amended deemed to be that the date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion substantial completion of the Landlord ImprovementsTenant Improvements would have occurred but for such acts or omissions of Tenant or its agents or employees. Provided that Tenant and its agents do not interfere with Landlord’s work in the Building and the Premises, Landlord shall give allow Tenant access to the Premises prior to Lease Commencement Date for the purpose of Tenant installing equipment or fixtures (iincluding Tenant's data and telephone equipment) written notice (“Notice in the Premises. Prior to Tenant's entry into the Premises as permitted by this agreement, Tenant shall submit a schedule to Landlord, for its approval, which schedule shall detail the timing and purpose of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord Tenant's entry and Tenant shall meet at a mutually convenient time deliver to perform a walk-through of Landlord the Expansion Space to inspect policies or certificates evidencing Tenant's insurance as required under the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedterms this Lease.

Landlord Improvements. Landlord shall substantially complete agrees to construct, at its sole cost and expense, those improvements to the Premises (the “Landlord Improvements prior to Tenant’s taking occupancy Improvements”) listed on the Scope of the Expansion SpaceWork prepared by Structured Construction Co. dated as of February 19, 2001, attached hereto as Exhibit “F-l”. Landlord shall agrees to use commercially reasonable efforts to require the general contractor employed by Landlord to construct the Landlord Improvements (the “Landlord Improvement Contractor”) to complete the Landlord Improvements by May July 1, 2014. “Substantial Completion” 2001; provided, however, in no event shall mean the failure to complete the subject Landlord Improvements by said July 1, 2001 date constitute an event of default by Landlord hereunder, nor shall (i) Landlord be liable to Tenant for any damages which Tenant might incur as a result of Landlord Improvements not being completed by said July 1, 2001 date, or (ii) such failure delay the Commencement Date hereunder, as Base Rental and Additional Rental shall become due and payable beginning on the Commencement Date irrespective of the date of completion of the Landlord Improvements. Notwithstanding the foregoing, or any other provision contained herein to the contrary, Landlord acknowledges and agrees that in the event Landlord fails to substantially complete the subject Landlord Improvements within forty-two (42) days of the date this Lease is fully executed by each of Landlord and Tenant for any reason other than Tenant cause delays, then, in such event, the Base Rental and Additional Rental shall be abated day-for-day for each day beyond said forty-two (42) day period that Landlord fails to achieve such substantial completion. For the purposes hereof, substantial completion shall be deemed to have been constructed in material accordance with obtained so long as the above referenced drawingunfinished punchlist items do not, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required conditionaggregate, which date is currently anticipated exceed Five Thousand and No/100 Dollars ($5,000.00) in value. Tenant agrees to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space cooperate with Landlord’s efforts to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that complete construction of the Landlord Improvements is not substantially completed in a timely manner and agrees that neither it, nor its employees, agents, representatives, contractors, or subcontractors shall interfere in any manner with work being conducted by May 1Landlord or the Landlord Improvement Contractor or its subcontractors. EXHIBIT F-1 STRUCTURED CONSTRUCTION CO. (000) 000-0000 xxxxxx@xxxxxxxxx.xxx CONSTRUCTION PROPOSAL Job: TENANT IMPROVEMENTS – OPTION 2 Location: 0000 Xxxxxxxx Xxxx Suite 300 Attn: XXXXX XXXXXXXXXX DESCRIPTION OF WORK QUANTITY UNIT UNIT COST ITEM TOTAL LINE TOTAL DEMOLITION $ 347.00 Interior walls 32 lf 4.00 128.00 Carpet & base 460 sf 0.20 92.00 VCT & base 96 sf 0.70 67.20 Doors & frames 2 ea 15.00 30.00 Windows & frames 2 ea 15.00 30.00 PARTITIONS $ 4,865.00 Interior walls to grid (9 ft) 71 lf 26.50 1,881.50 Interior walls thru grid (12 ft) 49 lf 35.00 1,715.00 Xxxx perimeter walls (10 ft) 14 lf 35.00 490.00 Cut openings 1 ea 85.00 85.00 Close up openings 1 ea 125.00 125.00 Window xxxx end caps 1 ea 35.00 35.00 Misc. touch up 1 ls 200.00 200.00 Insulation 741 sf 0.45 333.45 CEILINGS $ 979.00 2x2 grid, 2014tile & insulation 448 sf 1.85 828.80 Tie in ceiling grid 1 ls 150.00 150.00 CARPENTRY $ 1,620.00 Doors & frames 4 ea 295.00 1,180.00 Doors & frames (relocate) 2 ea 55.00 110.00 Window & frames (relocate) 2 ea 55.00 110.00 Closers 1 ea 115.00 115.00 Locksets 3 ea 35.00 105.00 PAINT/ WALLCOVERING $ 1,533.00 2 coats flat paint 2,772 sf 0.25 693.00 2 coats eggshell paint 1,053 sf 0.28 294.84 Doors & frames 7 ea 35.00 245.00 Frames 2 ea 25.00 50.00 Touch up outside of building 1 ls 250.00 250.00 STRUCTURED CONSTRUCTION CO. (000) 000-0000 xxxxxx@xxxxxxxxx.xxx CONSTRUCTION PROPOSAL DESCRIPTION OF WORK QUANTITY UNIT UNIT COST ITEM TOTAL LINE TOTAL MISCELLANEOUS $ 16,827.00 Final Clean 1 ls 200.00 200.00 Plywood backboards 1 ea 45.00 45.00 Construction clean up / dumpsters 1 ea 425.00 425.00 Concrete pits for levelers 3 ea 2,000.00 6,000.00 6’x8’ 25,000 lb mechanical pit levelers 3 ea 2,400.00 7,200.00 Plywood backboards 1 ea 45.00 45.00 Supervision 2 weeks 850.00 1,700.00 Clean warehouse floor (no seal) 1 ls 628.00 628.00 Permit 1 ls 584.00 584.00 SUB TOTAL $ 72,995.00 CONTRACTOR OVERHEAD $ 2,920.00 CONTRACTOR FEE $ 5,840.00 TOTAL $ 81,755.00 CLARIFICATIONS Unit heaters existing to remain No lighting circuits, then the Expansion Space Commencement Date shall be automatically amended heater circuits or control wiring included for freezer No power company costs included if required Transformer assumed to be that date the Expansion Space able to support new service Freezer is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion be located near panel (100’ of service feeder allowed) Low voltage by tenant Landscaping by others Pit levelers budgeted are by Serco 0000 XXXXXXXX XX N 1025 SF [GRAPHIC REMOVED HERE] EXHIBIT “G” LIEN SUBORDINATION AGREEMENT THIS LIEN SUBORDINATION AGREEMENT (this “Agreement”) is made and entered into by and between (“Tenant”), OAKMONT INDUSTRIAL GROUP I, L.P., a Georgia limited partnership (“Landlord”), and (“Lender”) as of the Landlord Improvementsday of , Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be corrected200_.

Landlord Improvements. Landlord shall substantially will complete the construction of the improvements to the Premises in accordance with plans and specifications agreed to by Landlord Improvements and Tenant prior to Tenant’s taking occupancy November 1, 1996, which plans and specifications are made a part of this Lease by reference, and Tenant shall execute a copy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete plans and specifications and, if applicable, change orders setting forth the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy amount of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated any costs to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or borne by Tenant. In the event Tenant fails to execute the plans and specifications and change orders prior to November 1, 1996, Landlord may, at its sole option, declare this Lease cancelled or notify Tenant that the base rent shall commence on the completion date even though the improvements to be constructed by Landlord may not be complete. Any changes or modifications to the approved plans and specifications shall be made and accepted by written change orders or agreement signed by Landlord and Tenant and shall constitute an amendment to this Lease. Landlord agrees to provide an allowance of up to $20.00 per square foot towards construction of the Landlord Improvements is not substantially completed by May 1, 2014, then improvements to the Expansion Space Commencement Date shall be automatically amended to be that date Premises beyond the Expansion Space is delivered to Tenant with scope of the Landlord Improvements substantially complete. Upon Substantial Completion shell building improvements depicted in EXHIBIT D. Immediately upon completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completionimprovements, Landlord and Tenant shall meet enter into an addendum to this Lease in the form of the sample addendum which is attached hereto as EXHIBIT B documenting the actual construction costs and amortizing costs of up to $17.00 per square foot into the base rental rate on a straight line basis at a mutually convenient time ten percent (10%) interest rate over the original term of this Lease, and an additional $3.00 per square foot amortized without interest over the first year of this Lease. Tenant shall immediately reimburse Landlord for its contribution to perform a walk-through tenant improvements in excess of $20.00 per square foot. Said allowance shall include only "hard costs" of construction, which shall be defined as labor and materials which result in improvements which remain with the Building upon Tenant's vacation of the Expansion Space to inspect Premises, except that Tenant's architectural fees for space planning may be included in the allowance. Construction of the improvements will be undertaken on an "open book" basis with Landlord Improvements and to prepare procuring a punch list minimum of minor items needing correction and three bids from reputable general contractors which my be reviewed by Tenant. Landlord shall promptly cause such items to be correctedwill not charge any additional fee for oversight of construction of the improvements.

Landlord Improvements. “Landlord Improvements” shall substantially complete mean and consist of those Building and Project improvements described in Section 1.2 of the Lease and on Schedule C-1 to this Tenant Work Letter which shall be completed by Landlord at Landlord’s sole cost and expense pursuant to Landlord’s plans and specifications relating to the same. The preliminary plans and specifications for any aesthetic modifications and improvements to the landscaping and hardscaping of the Building included in the Landlord Improvements prior to Tenant(i.e. the koi pond addition and landscaping improvements) shall be prepared by Xxxxxxxx’s taking occupancy of the Expansion Spaceconsultants. Landlord shall hereby agrees to use its commercially reasonable and diligent efforts to complete the Landlord Improvements by May 1koi pond, 2014. “Substantial Completion” shall mean make repairs to the Landlord Improvements have been constructed sidewalks leading to the Premises, replace landscaping in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy front of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tightBuilding, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction complete parking lot slurry coating components of the Landlord Improvements as soon as is reasonably practicable after the mutual execution and delivery of the Lease by Landlord and Tenant, and in any event not substantially completed by May 1, 2014, then later than the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Tenant Improvements in the Premises (or within thirty (30) days after Substantial Completion of the Tenant Improvements in the Premises with respect to repairs to installation of the koi pond (except that the excavation for the same shall be completed on or before the date of Substantial Completion of the Tenant Improvements in the Premises) and/or any repairs to sidewalks leading to the Premises and replacement of landscaping in front of the Building, only). Additionally, as part of the Landlord ImprovementsImprovements to be completed prior to the Commencement Date, Landlord shall give Tenant (i) written notice (“Notice replaced any water-damaged drywall in the Premises, and identify and eliminate the source of Completion”) that water penetration of the Expansion Space are ready for occupancyBuilding which caused such damage. Within seven (7) days following All other Landlord Improvements set forth on Schedule C-1 will be completed by Landlord pursuant to Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedreasonable construction schedule.

Landlord Improvements. Landlord shall substantially complete shall, at is sole cost and expense, construct the Landlord Improvements prior to TenantBuilding and perform the work identified and/or defined as Landlord’s taking occupancy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant Work in the required condition, which date is currently anticipated to be May 1, 2014work letter attached hereto as Exhibit C and made a part of this Lease (the “Work Letter”). Upon Substantial CompletionCompletion (as defined in the Work Letter) of Landlord’s Work and the Tenant Improvements (as hereinafter defined), Landlord shall notify Tenant in writing of such Substantial Completion as provided in the Work Letter and deliver possession of the Expansion Space Leased Premises to Tenant in good(the “Possession Date”). Subject to Force Majeure Delays and Tenant Delays, vacantthe Possession Date shall occur no later than October 1, broom clean condition2014 (the “Target Possession Date”); provided, with all building systems in good working order and the roof water-tightif Landlord, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction does not deliver possession of the Landlord Improvements is Leased Premises to Tenant by the Target Possession Date as a result of any reason other than a Tenant Delay or Force Majeure Delay (as those terms are defined in the Work Letter), Tenant’s Rent (as hereinafter defined) shall be abated for a period of three (3) days for each day of such delay after the Target Possession Date without any extension of the Lease Term; provided, further, if the Possession Date has not substantially completed occurred by May December 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to as a result of any reason other than a Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord ImprovementsDelay or Force Majeure Delay, Landlord shall give Tenant (i) written notice Tenant shall have the right to complete Landlord’s Work and the Tenant Improvements and offset the reasonable cost to perform Landlord’s Work against the first installments of Rent due hereunder and thereafter until Tenant’s costs have been recaptured, and (“Notice ii) Tenant’s Rent shall be abated for a period of Completion”) that the Expansion Space are ready for occupancy. Within seven six (76) days following Landlord’s giving for each day of delay (to the extent caused by a Landlord Delay and not caused by a Tenant Delay or Force Majeure Delay) after December 1, 2014, without any extension of the Notice of Completion, Landlord and Tenant shall meet at a mutually convenient time to perform a walk-through of the Expansion Space to inspect the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedLease Term.

Landlord Improvements. Landlord shall substantially complete Landlord, at Landlord’s sole cost and expense, using Building standard materials, finishes and specifications, shall: (i) concurrently with the Landlord construction of the Tenant Improvements prior (as defined in the Work Letter) to Tenant’s taking occupancy be constructed in the Current Premises install one (1) additional urinal in the Current Premises per mutually agreed upon plans; and (ii) concurrently with the construction of the Tenant Improvements to be constructed in the Expansion Space install a full height demising wall to demise the Expansion Space, and segregate electrical, plumbing and mechanical systems for the Expansion Space, from the contiguous space to the Expansion Space (collectively, the “Landlord Improvements”). Landlord shall use commercially reasonable efforts to complete the The Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been be constructed in material accordance with the above referenced drawing, save terms and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant conditions set forth in the required Work Letter. Except as provided in the immediately preceding sentence and Section 8 above, Tenant shall accept the Premises in its “AS-IS” condition. Landlord may complete certain Landlord Improvements in the Current Premises, which date while Tenant is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of in occupancy thereof and paying Rent under the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tightAmended Lease, and in compliance Tenant acknowledges that some minor interruptions and/or interference with all laws applicable to Landlord or Tenant. In ’s business may occur during the event that construction course of Landlord’s completion of the Landlord Improvements is not substantially completed by May 1in the Current Premises, 2014, then the Expansion Space Commencement Date shall be automatically amended to be but agrees that date the Expansion Space is delivered no minor interruptions or inconveniences to Tenant with or its business suffered as a result of Landlord’s completion of the Landlord Improvements substantially completein the Current Premises shall excuse Tenant from paying any Rent that it is scheduled to pay pursuant to the Amended Lease, and shall not constitute a constructive eviction under the Amended Lease. Upon Substantial Completion Tenant agrees to cooperate with Landlord to make the Current Premises available to Landlord and its agents for the performance of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion, Landlord and Tenant shall meet be responsible for, at a mutually convenient time Tenant’s sole cost and expense, to perform a walk-through of relocate Tenant’s personal property, including any furniture and equipment in the Expansion Space Current Premises prior to inspect and during the period Landlord is completing the Landlord Improvements and to prepare a punch list of minor items needing correction and Landlord shall promptly cause such items to be correctedfor the Current Premises.

Landlord Improvements. During the Lease Term, Landlord shall substantially complete will implement the following capital improvement projects for the Building: (A) by no later than June 1, 2009, Landlord Improvements prior to Tenant’s taking occupancy of will replace the Expansion Space. roofing materials (and not structural components) for Building I, (B) by no later than June 1, 2009, Landlord shall will use diligent and commercially reasonable efforts to complete make any other repairs as may be reasonably necessary to correct and/or diminish to the Landlord Improvements extent practicable, any water leaks for Building II, (C) by May no later than January 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business2010, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order and the roof water-tight, and in compliance with all laws applicable to Landlord or Tenant. In the event that construction of the Landlord Improvements is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant will (i) written notice connect all unconnected and currently installed VAV’s and HVAC units in the Leased Premises to the existing Energy Management System (“Notice EMS), (ii) connect all common area lighting to the EMS, (iii) allow Tenant to monitor and control the HVAC and lighting systems of Completion”the Leased Premises by means of the EMS, (iv) that by no later than October 1, 2009, install a new fire panel for Building I, and until replaced, maintain the Expansion Space are ready existing fire panel in working condition, (D) perform such repairs and maintenance to the cooling towers for occupancy. Within seven Building I and install any requisite upgrades as commercially reasonable in order to keep such cooling towers in working condition, and (7E) days following such other capital improvements for the Building as may be deemed warranted by Landlord during the Lease Term in the exercise of commercially reasonable discretion, and consistent with Landlord’s giving approved capital improvement budget, as may be modified from time to time, for the Leased Premises. These possible other capital improvements include, but are not limited to, the replacement of the Notice cooling towers for Building I and Building II, and renovation and refurbishment of Completionall Building restrooms on floors that are fully or partially occupied by Tenant. Such restroom renovations would include replacement of damaged tiles and replacement of existing faucets with automatic sensor faucets by October 1, Landlord 2009. Other such restroom renovations (to include replacement of sinks, mirrors, countertops, and Tenant shall meet at a mutually convenient time to perform a walk-through fixtures of the Expansion Space type and quality selected by Landlord subject to inspect reasonable approval by the Tenant) would be performed by Landlord Improvements within one and to prepare a punch list half (1.5) years after the Second Amendment Effective Date. Any and all capital improvements made by Landlord as described in this Paragraph 4 shall be deemed the “Landlord’s Additional Capital Improvements.” Notwithstanding the foregoing, nothing in this Section 4 shall alleviate or diminish Landlord’s maintenance obligations set forth in this Lease, and such maintenance activities shall include, without limitation, the repair of minor items needing correction any non-working bathroom fixtures and Landlord shall promptly cause such items to be correctedother equipment in the Building restrooms on floors that are fully or partially occupied by Tenant.

Landlord Improvements. Landlord Landlord, at Landlord's sole cost and expense, shall substantially complete be obligated to perform those tenant improvements (a) which are shown or described on Exhibit B attached hereto, and on Exhibit B-1 attached hereto, and (b) such other items which are described as follows (all such work being hereinafter referred to as "Landlord's Work"): • Build to suit office space per Exhibit B. • Paint office area with industry standard paint, color selection by Tenant. • Stripe Thirty (30) new parking stalls in truck court and along Hwy 88 as shown in Exhibit D. • Install new Landlord's standard carpet in office area, color selection by Tenant. • Service and certify existing HVAC system servicing the Landlord Improvements prior to Tenant’s taking occupancy of the Expansion Space. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by May 1, 2014. “Substantial Completion” shall mean the Landlord Improvements have been constructed in material accordance with the above referenced drawing, save and except for minor “punch list” items such that Tenant can occupy the Expansion Space and conduct its business, Landlord has obtained all approvals from the applicable governmental authorities for the legal occupancy of the Expansion Space and Landlord has delivered possession of the Expansion Space to Tenant in the required condition, which date Premises is currently anticipated to be May 1, 2014. Upon Substantial Completion, Landlord shall deliver possession of the Expansion Space to Tenant in good, vacant, broom clean condition, with all building systems in good working order as of the Commencement Date. • Ensure that all existing HVAC, plumbing, electrical, doors and hardware are in good working order as of the roof water-tightCommencement Date. Landlord's scope of work will not be contrary to or in conflict with the specific terms which are set forth in this Section 6.1, and in compliance with all laws applicable to Landlord or TenantExhibit B attached hereto. In the event that construction the terms of this Section 6.1, and the Exhibit B attached hereto, do not encompass all of the Landlord Improvements scope of work that is not substantially completed by May 1, 2014, then the Expansion Space Commencement Date shall be automatically amended to be that date the Expansion Space is delivered to Tenant with the Landlord Improvements substantially complete. Upon Substantial Completion of the Landlord Improvements, Landlord shall give Tenant (i) written notice (“Notice of Completion”) that the Expansion Space are ready for occupancy. Within seven (7) days following Landlord’s giving of the Notice of Completion's Work, Landlord and Tenant agree to use reasonable efforts to cooperate with each other and to act in good faith. Notwithstanding the foregoing, Tenant shall meet at a mutually convenient time have the right to perform a walk-through request changes to the scope of the Expansion Space to inspect Landlord's Work so long as such changes do not affect the cost of the Landlord's Work or the date by which Landlord Improvements must complete the Landlord's Work. If Tenant's requested changes increase the scope or cost of work, Landlord shall inform Tenant and to prepare a Tenant shall be responsible for all costs associated with such change. All changes shall be in writing. As of the Commencement Date, Landlord shall be responsible for (a) ensuring that the Premises, the common areas, the Building and the Property are in compliance with all applicable laws and codes (including, but not limited to, the ADA); and (b) ensuring that the Landlord's Work is in compliance with the plans and specifications and the terms of this Lease and all applicable laws and codes, including, but not limited to, ADA. As soon as the Landlord's Work has been substantially completed, Landlord shall notify Tenant. Regardless of when completed or corrected, all punch list items shall be completed or corrected by Landlord in a good and workmanlike first-class manner, structurally sound and free of minor items needing correction latent defects, in accordance with all applicable laws and plans Landlord shall promptly cause all contractors and subcontractors involved in the construction of the Landlord's Work to: (1) maintain insurance covering risks associated with the construction of the Landlord's Work, including, but not limited to worker's compensation, builder's risk and commercial general liability insurance covering personal injury and property damage, with contractual liability endorsement, in the amount of not less than One Million Dollars ($1,000,000) per occurrence for personal injuries or deaths of persons occurring in are about the area of, or in connection with the construction of, the Landlord's Work, and which insurance policy or policies shall name Tenant as an additional insured; and (2) indemnify, hold harmless and defend Tenant from and against any and all claims (including all costs, counsel fees, expenses and liabilities incurred in connection with any such items claim or action or proceeding brought thereon) or liability for any injury or damage to any person in, on or about the Premises or any part thereof, when such injury or damage shall be correctedcaused by the act, neglect, fault of or omission of any duty with respect to the same by such contractors and subcontractors, their respective agents, servants, employees and invitees to the Premises. Subject to (a) the Landlord's Work set forth in this Section 6.1 and on Exhibit B attached hereto, and (b) any continuing obligations of Landlord as expressly stated in this Lease, and (c) any representations of Landlord which are expressly stated in this Lease, Tenant agrees to take the Premises in its "AS-IS" condition.