Common use of Preparation of Plans Clause in Contracts

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan (the “Space Plan”, as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or condition.

Preparation of Plans. Landlord [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and Tenant have agreed upon a conceptual space plan (the “Space Plan”cost estimates, attached hereto as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenantcollectively, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”), for the proposed Adjustment of the Owner Utilities. In the event The Developer represents and warrants that the Tenant does not approve Plans conform to the Draft most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Landlord shall cause Owner hereby approves the Architect within five Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (5) business days after receipt collectively, the “Plans”), for the proposed Adjustment of Tenant’s written detail the Owner Utilities. The Owner represents and warrants that the Plans conform to provide revised Draft the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Plans must be approved Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the Landlord must be given charges therefore do not exceed the authorization by Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Tenant Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to proceed with prepare the Landlord Work no later than May 4Plans for Adjustment of the Owner Utilities described herein, 2007and do not include fees for work done on any other project. Any approval or preparation by Landlord, or Landlord’s architects and/or The fees of the consulting engineers of any of Tenant’s drawings, plans are reasonable and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as comparable to the adequacy or sufficiency fees typically charged by consulting engineers in the locale of such drawings, plans and specifications or the construction to which they relate, Project for any use, purpose, or conditioncomparable work for the Owner.

Preparation of Plans. Landlord Tenant is currently preparing, at its sole cost and Tenant have agreed upon a conceptual space plan (the “Space Plan”expense, except as more particularly shown set forth in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenantthis Section 2, construction plans and specifications for the Landlord Work consistent improvements Tenant desires to make in connection with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how occupancy of the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as Premises (the “Plans”). In addition to the event that the Tenant does not approve the Draft PlansLandlord’s Contribution (defined below), the Landlord shall cause contribute up to $1,764.23 (i.e., $0.15 per rentable square foot of the Architect Premises) (the “Landlord’s Plans Contribution”) toward Tenant’s costs in preparing a preliminary space plan and one (1) revision. The Plans shall be submitted to Landlord for Landlord’s approval (such approval not to be unreasonably withheld or delayed) no later than thirty (30) days from the date hereof, and Landlord shall approve or disapprove of the Plans within five (5) business days Business Days after receipt receiving them. Any disapproval by Landlord of Tenantthe Plans shall be accompanied by a reasonably specific statement of reasons therefor. Tenant shall cause the Plans to be revised in a manner sufficient to remedy Landlord’s written detail objections and/or respond to provide Landlord’s concerns and shall resubmit the revised Draft the Plans to Landlord, and Landlord shall either approve or disapprove of the revised Plans within five (5) Business Days following the date of resubmission. If Landlord shall again disapprove of the Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the foregoing procedures until the Plans have been approved by Landlord. The Plans must shall be approved stamped by a Maryland-registered architect and engineer, such architect and engineer being subject to Landlord’s approval as set forth in Section 2(b), below, and shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord must will not approve any alterations or additions that require unusual expense to readapt the Premises to the Permitted Use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances reasonably acceptable to Landlord that such readaptation will be given the authorization made prior to such expiration or termination without expense to Landlord and for payment of any such increased cost. Tenant acknowledges and agrees that any review or approval by the Tenant Landlord of any plans and/or specifications with respect to proceed with the Landlord Tenant’s Work no later than May 4, 2007. Any approval or preparation by Landlord, or is solely for Landlord’s architects and/or engineers of benefit, and without any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as whatsoever to Tenant with respect to the adequacy adequacy, correctness or sufficiency of such drawings, plans and specifications efficiency thereof or the construction to which they relate, for any use, purpose, or conditionotherwise.

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan (shall prepare at Tenant’s cost, subject to reimbursement from the “Space Plan”Improvement Allowance to the extent permitted under Section 6 of this Exhibit B, as more particularly shown in Exhibit A abovehereinafter defined, plans ("Tenant's Plans") for the construction and layout of the Premises, using Landlord's Building Standard Materials and Finishes, which Tenant Plans shall be in accordance with the layout plan attached hereto as Exhibit B-1 and the plan requirements set forth below and shall be submitted to Landlord for its approval (which may be given or denied in accordance with Section 5.9 of the Lease) on or before the Tenant’s Plan Delivery Date (as defined in Section 1.1 of this Lease). Tenants leasing partial floors shall design entrances, doors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building Standard Materials and Finishes for such floor. Landlord reserves the right to reject plans which in its opinion fail to comply with this provision. All mechanical, electrical and plumbing engineering design work to shall be performed by an engineer reasonably designated and/or approved by Landlord. (Landlord to prepare the Premises for Tenant’s occupancy hereby approves AHA Consulting Engineers of Cambridge, MA and Lexington, MA (“Landlord WorkAHA Consulting Engineers”) for such purpose). Commencing on Time is of the date hereof essence with respect to Tenant's preparation and in consultation with the submission of Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft 's Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible have the absolute right to approve Tenant's Plans in Landlord's sole discretion, and if, for any reason, Landlord does not approve Tenant's Plans, it shall state specifically the reasons therefor. Unless Tenant promptly makes the changes to Tenant's Plans as are required by Landlord, Landlord has the right to terminate this Lease and all of Landlord's obligations hereunder by written notice to Tenant. Landlord may delete from Tenant’s Plans and any Change Order, as hereinafter defined, and need not approve, any items or aspects of Tenant’s Plans which in Landlord’s reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for operating the cost Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of plans for Tenant-Cost Initial Work. On the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or before five (5v) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans otherwise do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed comply with the Landlord Work no later than May 4provisions of this Lease (including, 2007. Any approval or preparation by Landlordwithout limitation, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionSection 5.9).

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan shall prepare at Tenant's cost, subject to the Design Allowance, plans (the “Space Plan”, as more particularly shown in Exhibit A above"Tenant's Plans") for the work construction and layout of the Premises, which Tenant Plans shall be in accordance with the plan requirements set forth below and shall be submitted to be performed by Landlord to prepare for its approval on or before the Premises for Tenant’s occupancy 's Plan Delivery Date (“Landlord Work”as defined in Section 1.1 of this Lease). Commencing on the date hereof and in consultation Within thirty (30) days after submission of a written request together with the Tenantappropriate back-up documentation, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible reimburse Tenant for the cost of plans for Landlord-Cost Initial Work and Tenant preparing Tenant's Plans, up to a maximum amount equal to the Design Allowance set forth in Section 1.1. Any unused portion of the Design Allowance shall be responsible credited to, at Tenant's written request, either Tenant's payment of Rent next due or to the Improvement Allowance. Tenants leasing partial floors shall design entrances, doors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building standard materials and standard finishes for such floor. Landlord reserves the right to reject plans which in its opinion fail to comply with this provision. All mechanical, electrical and plumbing engineering design work shall be performed by an engineer reasonably approved by Landlord. Time is of the essence with respect to Tenant's preparation and submission of Tenant's Plans. Landlord shall have the absolute right to approve Tenant's Plans in Landlord's reasonable discretion, and if, for any reason, Landlord does not approve Tenant's Plans, it shall state specifically the reasons therefor. Landlord may delete from Tenant's Plans and any Change Order, as hereinafter defined, and need not approve, any items or aspects of Tenant's Plans which in Landlord's reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of plans for Tenant-Cost Initial Work. On operating the Building or before five performing any other work in the Building, (5iii) days after receipt thereofare incompatible with the design, Tenant shall approve quality, equipment or systems of Draft Plans in writing the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans (v) otherwise do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed comply with the Landlord Work no later than May 4provisions of this Lease (including, 2007. Any approval or preparation by Landlordwithout limitation, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionSection 5.9).

Preparation of Plans. Tenant shall submit to Landlord and Tenant have agreed upon a conceptual space detailed floor plan layout together with working drawings (the “Space PlanTenant’s Submission”, as more particularly shown in Exhibit A above) prepared by Elkus Xxxxxxxx (or another architect licensed by the Commonwealth of Massachusetts and reasonably approved by Landlord) for the work to be performed by Landlord Tenant to prepare the Premises for Tenant’s occupancy (“Landlord Tenant’s Work”). Commencing on the date hereof Such floor plan layout and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan working drawings (the “Draft Plans”) shall be prepared by contain at least the information required by, and shall conform to the requirements of, Exhibit B-5. Provided that the Plans contain at least the information required by, and conform to the requirements of, said Exhibit B-5, Landlord’s architectapproval of the Plans shall not be unreasonably withheld, Xxxxxxxxconditioned or delayed; however, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes to Tenant’s Rooftop Terrace Area which are visible outside the Premises shall be in Landlord’s sole discretion. Landlord shall be responsible for the cost respond to all Plans within ten (10) business days after receipt thereof. If Landlord disapproves of plans for Landlord-Cost Initial Work and any Plans, then Tenant shall promptly have the Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit such Plans to Landlord. Such process shall be responsible for followed until the cost Plans shall have been approved by the Landlord without objection or condition. Landlord shall respond to the resubmission of any Plans by Tenant within five (5) days of Landlord’s receipt thereof (or ten (10) days in the case of a major redesign). If Landlord shall fail to respond to any submission of the Plans within the applicable time periods set forth herein, then Tenant may, at any time thereafter, give Landlord another request (“Second Request”) therefor, which shall clearly identify the plans for Tenant-Cost Initial Workin question and state in bold face, capital letters at the top thereof: “WARNING: SECOND REQUEST. On or before FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) DAYS SHALL RESULT IN DEEMED APPROVAL THEREOF.” If Landlord does not respond within five (5) days after receipt thereofof the Second Request, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, submission shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditiondeemed approved.

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan shall prepare at Tenant’s cost, subject to the Space Planning Allowance, plans (the “Space PlanTenant’s Plans”, as more particularly shown in Exhibit A above) for the construction and layout of the Premises. Tenants leasing partial floors shall design entrances, doors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building standard materials and common area finishes for such floor. Tenant may contract directly for design work or through design-build contracts with Landlord approval not to be performed unreasonably withheld, conditioned or delayed. Where required, Tenant shall employ the engineers utilized or otherwise approved by Landlord to prepare construct the Premises Building for all mechanical, electrical and plumbing engineering design work, Landlord approval not to be unreasonably withheld, conditioned or delayed. Tenant reserves the sole right to employ engineers reasonably approved by Landlord for the design of Tenant’s occupancy (“data center. Tenant shall consult with Landlord Work”). Commencing on the date hereof from time to time as Tenant’s Plans are being prepared and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) ’s Plans shall be prepared by subject to Landlord’s architect, Xxxxxxxxprior written approval prior to the commencement of construction. Landlord shall be responsible not unreasonably withhold, condition, or delay Landlord’s approval of the Tenant Plans, and if, for any reason, Landlord does not approve Tenant’s Plans, it shall state specifically the reasons therefor. Landlord need not approve any items or aspects of Tenant’s Expansion Construction which in Landlord’s reasonable judgment (i) would materially delay other work in the Building, (ii) would materially increase the cost of plans for Landlord-Cost Initial Work and operating the Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of the, Building, (iv) would require unusual expense to readapt the Premises to general purpose office use (unless Tenant shall be responsible for agrees to remove same and/or readapt the cost of plans for Tenant-Cost Initial Work. On Premises) or before five (5v) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans otherwise do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed comply with the Landlord Work no later than May 4provisions of the Lease (including, 2007. Any approval or preparation by Landlordwithout limitation, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionSection 5.1 D).

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan (shall prepare at Tenant’s cost, subject to the “Space Plan”Improvement Allowance, as more particularly shown in Exhibit A abovehereinafter defined, plans (“Tenant’s Plans”) for the work construction and layout of the Premises. Tenant shall employ engineers reasonably acceptable to be performed by Landlord for all mechanical, electrical and plumbing engineering design work. Tenant shall consult with Landlord from time to prepare the Premises for time as Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof Plans are being prepared and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) ’s Plans shall be prepared by subject to Landlord’s architect, Xxxxxxxxprior written approval prior to the commencement of construction. Landlord shall be responsible not unreasonably withhold, condition, or delay Landlord’s approval of the Tenant Plans, and if, for any reason, Landlord does not approve Tenant’s Plans, it shall state specifically the reasons therefor. Landlord need not approve, any items or aspects of Tenant’s Initial Construction (as defined in Section 3.3 of the Lease) which in Landlord’s reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for operating the cost Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of plans for the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or (v) otherwise do not comply with the provisions of this Lease (including, without limitation, Section 5.9). So long as the submittal of Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft ’s Plans in writing or provide to Landlord with includes a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event statement that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect failure to provide comments thereto within five (5) business days Business Days after Landlord’s receipt of thereof, then Landlord’s failure to provide comments to Tenant’s written detail Plans or reject Tenant’s Plans prior to provide revised Draft Plans. The Plans must the expiration of such five (5) Business Day period shall be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or deemed Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionapproval thereof.

Preparation of Plans. Tenant understands that Landlord has engaged STG Partners architects and HCE engineers to provide all necessary architectural and engineering services. Costs for these services shall be deducted from the Tenant Improvement Allowance. If Tenant engages another architecture or engineering firm then Tenant shall pay an additional fee for STC and MCE review. Landlord's architect and engineer, at Tenant's expense, will prepare construction plans (such construction plans, when approved, and all changes and amendments thereto agreed to by Landlord and Tenant have agreed upon a conceptual space plan (the “Space Plan”, as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to are herein as called the “"Construction Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5") business days after receipt for all of Tenant’s written detail 's improvements to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared constructed in connection with any construction in or about the Premises (including without limitation all improvements required by the Construction Plans are herein called "Tenant's Improvements"). Tenant shall promptly furnish to Landlord, Landlord's architect and engineer and any change orders theretoother party involved in preparation of the Construction Plans all information necessary such that (following construction of Tenant's Improvements in accordance with the Construction Plans) Tenant, the Premises and Tenant's Improvements will be in compliance with the provisions of the Disability Acts. TENANT SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) INCURRED BY OR ASSERTED AGAINST LANDLORD BY REASON OF OR IN CONNECTION WITH ANY VIOLATION OF THE DISABILITY ACTS ARISING FROM OR OUT OF (i) information or design and space plans furnished to Landlord by Tenant (or the lack of complete and accurate information so furnished) concerning Tenant's Improvements, (ii) Tenant's employer-employee obligations, or (iii) after the Commencement Date, violations by Tenant and/or Tenant's Improvements or the Premises not being in compliance with the Disability Acts as the result of changes in regulations or law or interpretations thereof not in effect on the Commencement Date. The foregoing indemnity shall not include any claims, liabilities or expenses (including reasonable attorneys' fees and expenses) arising out of the negligence, gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors. Without limiting the foregoing, if Landlord constructs Tenant's Improvements based on any special requirements or improvements required by Tenant, or upon information furnished by Tenant that later proves to be inaccurate or incomplete resulting in any way violation of the Disability Acts, Tenant shall be construed or operate solely liable to bind correct such violations and to bring the improvements into compliance with the Disability Acts as promptly as is practicable. Landlord or to constitute a representation or warranty and Tenant agree that the cost of Landlord as to construction drawings for the adequacy or sufficiency of such drawings, plans additional parking deck are at Landlord's sole expense and specifications or will not be charged against the construction to which they relate, for any use, purpose, or conditionFinish Allowance.

Preparation of Plans. Landlord and Tenant have agreed upon shall prepare a conceptual space plan showing, among other things, a partition layout, door location and some furniture located in key spaces within the Second Expansion Premises (the “Space Plan”, as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Second Expansion Premises for Tenant’s occupancy (“Landlord Tenant Work”), such Space Plan to be completed within five (5) business days of the full execution and delivery of this Amendment. Commencing on Landlord will make Landlord’s architect available to Tenant for completion of the date hereof Space Plan. Within seven (7) business days following completion of the Space Plan and in consultation with the Tenant, construction plans and specifications for the Landlord Tenant Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the architect at Tenant’s sole cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Workexpense. On or before five three (53) days after receipt thereof, Tenant shall approve of the Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Time is of the essence with respect to the preparation and approval of the Plans. Upon final approval of the Plans must be approved by Tenant and receipt of any Overage (defined in Section 4 below), Landlord shall, with all reasonable diligence, engage the Landlord must be given the authorization by General Contractor (defined below) to construct the Tenant to proceed with Work and file for the Landlord Work no later than May 4, 2007building permit for the Tenant Work. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Second Expansion Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or condition.

Preparation of Plans. Landlord Tenant shall prepare at its sole cost and Tenant have agreed upon a conceptual space plan (the “Space Plan”expense, as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent improvements Tenant desires to make in connection with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how occupancy of the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as Premises (the “Plans”). In The Plans shall be submitted to Landlord for Landlord’s approval (such approval not to be unreasonably withheld or delayed) no later than thirty (30) days from the event that date hereof, and Landlord shall approve or disapprove of the Plans within ten (10) Business Days after receiving them. Any disapproval by Landlord of the Plans shall be accompanied by a reasonably specific statement of reasons therefor. Tenant does not approve the Draft Plans, the Landlord shall cause the Architect Plans to be revised in a manner sufficient to remedy Landlord’s objections and/or respond to Landlord’s concerns and shall resubmit the revised the Plans to Landlord, and Landlord shall either approve or disapprove of the revised Plans within five (5) business days after receipt Business Days following the date of resubmission. If Landlord shall again disapprove of the Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the foregoing procedures until the Plans have been approved by Landlord. The Plans shall be stamped by a Massachusetts-registered architect and engineer, such architect and engineer being subject to Landlord’s approval in Landlord’s reasonable discretion, and shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990 and the Massachusetts Architectural Access Board, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord reserves the right to require Tenant to use Landlord’s engineer to prepare all engineering plans and drawings for the structural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler portions of Tenant’s written detail Work. Landlord will not approve any alterations or additions that require unusual expense to provide revised Draft Plansreadapt the Premises to normal office use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such re-adaptation will be made prior to such expiration or termination without expense to Landlord and for payment of any such increased cost. The Plans must be approved Tenant acknowledges and the agrees that any review or approval by Landlord must be given the authorization by the Tenant of any plans and/or specifications with respect to proceed with the Landlord Tenant’s Work no later than May 4, 2007. Any approval or preparation by Landlord, or is solely for Landlord’s architects and/or engineers of benefit, and without any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as whatsoever to Tenant with respect to the adequacy adequacy, correctness or sufficiency of such drawings, plans and specifications efficiency thereof or the construction to which they relate, for any use, purpose, or conditionotherwise.

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan (shall prepare at Tenant’s cost, subject to the “Space Plan”Improvement Allowance, as more particularly shown in Exhibit A abovehereinafter defined, plans (‘Tenant’s Plans”) for the construction and layout of the Premises. Tenants leasing partial floors shall design entrances, doors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building standard materials and common area finishes for such floor. Tenant may contract directly for design work or through design-build contracts with Landlord approval not to be performed unreasonably withheld. Where required, Tenant shall employ the engineers utilized or otherwise approved by Landlord to prepare construct the Premises Building for all mechanical, electrical and plumbing engineering design work, Landlord approval not to be unreasonably withheld. Tenant reserves the sole right to employ engineers approved by Landlord for the design of Ten ant’s data center. Tenant shall consult with Landlord from time to time as Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof Plans are being prepared and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) ’s Plans shall be prepared by subject to Landlord’s architect, Xxxxxxxxprior written approval prior to the commencement of construction. Landlord shall be responsible not unreasonably withhold, condition, or delay Landlord’s approval of the Tenant Plans, and if, for any reason, Landlord does not approve Tenant’s Plans, it shall state specifically the reasons therefor. Landlord need not approve any items or aspects of Tenant’s Initial Construction which in Landlord’s reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for operating the cost Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of plans for Tenant-Cost Initial Work. On the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or before five (5v) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans otherwise do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed comply with the Landlord Work no later than May 4provisions of this Lease (including, 2007. Any approval or preparation by Landlordwithout limitation, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionSection 5.10).

Preparation of Plans. Landlord Tenant shall prepare, at its sole cost and Tenant have agreed upon a conceptual space plan expense (the “Space Plan”, as more particularly shown in Exhibit A above) for the work subject to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by reimbursement from Landlord’s architectContribution), Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of including MEP plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereofcollectively, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In ) for the event that interior finish and layout of the initial improvements (the “Initial Tenant does not Improvements”) which Tenant desires to have performed in the Premises, Tenant shall use commercially reasonable efforts to submit the Plans to Landlord for its approval on or before December 14, 2012 and Landlord shall approve or disapprove of the Draft Plans, the Landlord in its reasonable discretion, within twenty (20) days of receiving them. If Tenant shall not have submitted such Plans for approval on or before December 14, 2012, further delay in delivering such Plans after such date shall constitute Tenant Delay. At Tenant’s sole cost and expense, Tenant shall cause the Architect Plans to be revised in a manner sufficient to remedy the Landlord’s objections and/or respond to the Landlord’s concerns and for such revised Plans to be redelivered to Landlord, and Landlord shall approve or disapprove Tenant’s revised Plans within five ten (510) days following the date of resubmission Landlord’s failure to timely respond to Tenant’s submitted Plans or revised Plans shall be deemed to be approval thereof provided that upon submitting such Plans, Tenant provides written notice to Landlord stating “IF LANDLORD FAILS TO RESPOND TO THE ENCLOSED PLANS WITHIN 10 DAYS, LANDLORD’S APPROVAL SHALL BE DEEMED GIVEN PURSUANT TO SECTION 4.2(a) OF THE LEASE” in upper case boldface type in the top margin of such notice. Tenant may request reasonable changes to the final Plans provided, however, that no such changes shall require or cause a structural change in the Building, render the Premises or the Building in violation of applicable laws, or materially change the size or configuration of the Premises. Tenant shall pay any additional costs required to implement any such changes, including without limitation, architectural fees and construction cost increases (including costs of delay) subject to reimbursement from Landlord’s Contribution; Tenant shall pay Landlord for such costs as additional rent within fifteen (15) days after written notice from Landlord of the amount due. Upon a request for changes to the Plans, Landlord shall inform Tenant as soon as reasonably practical of the incremental additional costs to implement such change and the estimated impact on the construction schedule. Tenant shall have 3 business days after following receipt of Tenant’s written detail such information in which to provide revised Draft Plansaccept or rescind such requested change. Any approved changes by Tenant in the final plans shall constitute an agreement by Tenant to any delay in completion of the Initial Tenant Improvements caused by reviewing, processing, and implementing such changes; any such delay shall be deemed a delay caused by Tenant for purposes of calculating the Commencement Date under Section 2.2(b). The Plans must shall be approved stamped by a Massachusetts registered architect and the Landlord must be given the authorization by the Tenant engineer, such architect and engineer being subject to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawingsprior reasonable approval, plans and specifications shall comply with applicable legal requirements and tire reasonable rules and regulations which are prepared Landlord may impose from time to time and shall be in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate a form satisfactory to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of appropriate governmental authorities responsible for issuing permits, approvals and licenses required for such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionInitial Work.

Preparation of Plans. Within thirty (30) days after the Execution Date, Tenant, at its expense, shall submit to Landlord, preliminary plans and specifications prepared by Tenant's architect or engineer, with respect to the remodeling of the Existing Building and addition to Tenant's Building and any applicable common area improvements such as sidewalks and landscaping ("Preliminary Plans"). Landlord shall approve or disapprove the Preliminary Plans fifteen (15) within days, specifying with particularity the exact reason for any such disapproval ("Landlord's Notice"). In the event of disapproval Landlord and Tenant have agreed upon a conceptual space plan shall immediately start working together in good faith to reach agreement and within twenty (the “Space Plan”20) days of Tenant's receipt of Landlord's Notice Tenant shall, as more particularly shown in Exhibit A aboveat its expense, prepare working drawings and specifications ("Building Plans") and submit same for the work to be performed approval by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”)which approval shall not be unreasonably withheld. Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) The Building Plans shall be prepared by Landlord’s architect, Xxxxxxxxsubstantially in accordance with the approved Preliminary Plans. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and give Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five written notice within fifteen (515) days after receipt thereofof the Building Plans, Tenant shall approve of Draft Plans in writing its approval or provide Landlord disapproval thereof (stating with a written detailed reasonable particularly the exact reason for Tenant’s any such disapproval, including how the Draft Plans do not conform to the Space Plan). The Draft Plans, as approved by Tenant in writing, Disapproval shall be referred to herein as based upon any reasonable objections thereto arising from non-compliance with the “Preliminary Plans”. In the event that of disapproval, Tenant shall revise the Building Plans and shall re-submit them to Landlord, with Landlord's approval or disapproval to be subject to the manner and time set forth above for the submission of the Preliminary Plans. Tenant does shall perform the work set forth in the final approved Building Plans ("Tenant's Work") within the time period as set forth in Section 6.04 of this Lease. During the construction Tenant may from time to time make minor variations to the approved Building Plans provided same (i) do not approve materially reduce the Draft structural soundness of Tenant's Building, (ii) are in all respects in compliance with all Legal Requirements, and (iii) otherwise conform to the terms and conditions set forth in the approved Building Plans. Notwithstanding the above, any changes to the approved Building Plans which will affect the structural integrity or alter the exterior of Tenant's Building, shall require Landlord's prior written consent thereto, which consent shall not be unreasonably withheld or delayed. In the event (i) Tenant fails to submit the Preliminary Plans or Building Plans or revision thereof, at the times required herein (or as same may have been extended by written agreement of Landlord and Tenant) or (ii) Landlord and Tenant, acting in good faith, cannot agree on the Preliminary Plans or Building Plans within the time periods provided (as same may have been extended by written agreement of Landlord and Tenant) then either party shall cause have the Architect within five right to terminate this Lease, by written notice to the other party, which termination shall be effective thirty (530) business days after receipt of Tenant’s such written detail notice, provided that within such thirty (30) day period, Landlord and/or Tenant shall have the right to provide revised Draft Plans. The Plans must cure such failure in which event, the Lease termination shall be approved null and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4void, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared this Lease shall continue in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans full force and specifications or the construction to which they relate, for any use, purpose, or conditioneffect.

Preparation of Plans. Landlord Tenant is currently preparing, at its sole cost and Tenant have agreed upon a conceptual space plan (the “Space Plan”expense, as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent improvements Tenant desires to make in connection with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how occupancy of the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as Premises (the “Plans”). In Landlord has approved the event that space plan attached hereto as Schedule E-1. The Plans shall be submitted to Landlord’s Construction Representative for Landlord’s approval within sixty (60) days after the date of this Lease, and Landlord shall approve or disapprove of the Plans within ten (10) Business Days after receiving them. Any disapproval by Landlord of the Plans shall be accompanied by a reasonably specific statement of reasons therefor. Tenant does not approve the Draft Plans, the Landlord shall cause the Architect Plans to be revised in a manner sufficient to remedy Landlord's objections and/or respond to Landlord's concerns and shall resubmit the revised the Plans to Landlord, and Landlord shall either approve or disapprove of the revised Plans within five (5) business days after receipt Business Days following the date of Tenant’s written detail resubmission. If Landlord shall again disapprove of the Plans, Tenant shall again revise such plans and resubmit them to provide revised Draft PlansLandlord pursuant to the foregoing procedures until the Plans have been approved by Landlord. The Plans must shall be approved stamped by a Maryland-registered architect and engineer, such architect and engineer being subject to Landlord's approval in Landlord’s reasonable discretion, and shall comply with all applicable laws, ordinances and regulations (including, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord must will not approve any alterations or additions that require unusual expense to readapt the Premises to normal office, bank branch or drive thru use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such readaptation will be given the authorization made prior to such expiration or termination without expense to Landlord and for payment of any such increased cost. Tenant acknowledges and agrees that any review or approval by the Tenant Landlord of any plans and/or specifications with respect to proceed with the Landlord Tenant’s Work no later than May 4, 2007. Any approval or preparation by Landlord, or is solely for Landlord’s architects and/or engineers of benefit, and without any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as whatsoever to Tenant with respect to the adequacy adequacy, correctness or sufficiency of such drawings, plans and specifications efficiency thereof or the construction to which they relate, for any use, purpose, or conditionotherwise.

Preparation of Plans. Tenant has delivered to Landlord and Tenant have agreed upon a conceptual space plan (the “Space Plan”, as more particularly shown in Exhibit A above) for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”), which Space Plan includes (i) the addition of three (3) conference rooms and 3 — 4 additional private offices and (ii) an approximately 992 rsf network operations center room and an approximately 531 rsf server room adjacent to the network operations center room (collectively, the “Network Operations Center”). With respect to the Network Operations Center, the Landlord Work shall only include the construction of the actual rooms and the HVAC and electricity to the room as agreed upon in the Plans (defined below), and shall specifically not include any work in connection with the installation of cabling, servers or any other equipment to be used in connection with the Network Operations Center. Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the Cxxxxxxx, at Tenant’s sole cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Workexpense. On or before five three (53) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4January 12, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or condition. Landlord shall be responsible, at Landlord’s sole cost, but as part of Landlord Work, for performing the work necessary to demise the Premises (the “Demising Work”), which Demising Work shall be performed with materials of the standard type, brand, and quality used generally by Landlord for leasehold construction throughout the Building.

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan approved the schematic plans attached hereto as Exhibit B (the “Space PlanSchematic Plans”, as more particularly shown in Exhibit A above) for the work interior finish and layout of the initial improvements which Tenant desires to be have performed by Landlord to prepare in the New Premises, including the demolition of interior partitions, remove ceilings, lighting and ductwork and voice/data cabling in the New Premises for Tenant’s occupancy (collectively, the “Landlord Initial Work”). Commencing on Tenant shall prepare, at its sole cost and expense (subject to the date hereof and in consultation with the TenantLandlord’s Contribution), construction final plans and specifications for the Landlord Initial Work consistent with the Space Plan Schematic Plans (the “Draft Plans”) ). The Plans shall be prepared by Xxxxxxxx Gisniss & Associates, Inc. (the “Architect”). The Plans shall be submitted to Landlord for its approval, which shall not be unreasonably withheld, conditioned or delayed, and Landlord shall approve or disapprove of the Plans within ten (10) days of receiving them. At Tenant’s sole cost and expense (subject to the Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereofContribution), Tenant shall cause the Plans to be revised in a manner sufficient to remedy the Landlord’s reasonable objections and/or respond to the Landlord’s concerns and for such revised Plans to be redelivered to Landlord, and Landlord shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for disapprove Tenant’s disapproval, including how the Draft revised Plans do not conform to the Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord shall cause the Architect within five (5) business days after receipt following the date of Tenant’s written detail to provide revised Draft Plansresubmission. The Plans must shall be approved stamped by the Architect and engineer, such engineer being subject to Landlord’s prior reasonable approval, and shall comply with Applicable Law and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for such Initial Work. The Architect shall agree to reasonably cooperate with Landlord must be given and the authorization by general contractor to administer the Tenant to proceed with the construction contract and issue certifications and certificates of payment thereunder. Landlord Work no later than May 4, 2007. Any approval shall not charge any administrative or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared management fees in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionInitial Work.

Preparation of Plans. Landlord and Tenant have agreed upon a conceptual space plan (The scope of the “Space Plan”, as more particularly shown Shared Infrastructure Improvements design shall consist of all items set forth in Exhibit A above) for the work to F and shall be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and further defined in consultation with the Tenant, construction those final plans and specifications for submitted to and approved by the Landlord Work consistent with City in the Space Plan (normal course of public infrastructure review and approval. The scope of the “Draft Plans”) Storm Water Facilities design shall consist of all items set forth in Exhibit I and shall be prepared further defined in those final plans and specifications submitted to and approved by Landlord’s architect, Xxxxxxxxthe City in the normal course of public infrastructure review and approval. Landlord The Parties agree that the Constructing Owner shall be responsible for the cost design and construction of plans for Landlord-Cost Initial Work and Tenant the entirety of the Phase of the Shared Infrastructure Improvements and/or Storm Water Facilities said Constructing Owner seeks to install. The Constructing Owner shall be responsible for hiring the cost necessary consultants (civil engineer, landscape architect, etc.) and managing the design and approval process with the City. The non-constructing Owners shall have the right to review and approve all plans and documents prior to the Constructing Owner submitting plans to the City, said approval (including consideration of coordination with future phasing) not to be unreasonably withheld, conditioned or delayed. Any non-constructing Owner which disapproves the plans shall indicate in writing the reason(s) for the disapproval. After actual receipt of plans for Tenantand documents, with written notification of the expiration of the applicable review period, any non-Cost Initial Work. On constructing Owner that does not approve or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a disapprove proposed plans and documents by giving written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform notice thereof to the Space PlanConstructing Owner within fifteen (15) business days of such receipt shall be deemed to have approved such plans and documents, but only insofar as the submitted plans and specifications comply with the terms and conditions of this Agreement. The Draft PlansSuch plans and specifications, as approved (or deemed approved) by Tenant in writingthe non-constructing Owners and the City, shall be are referred to herein as the “Plans”. In the event that the Tenant does not approve the Draft Plans, the Landlord .” The Constructing Owner shall cause the Architect within five (5) business days after receipt of Tenant’s written detail Shared Infrastructure Improvements and/or Storm Water Facilities in question to provide revised Draft be constructed in substantial conformance with the Plans. The Plans must non-constructing Owners shall cooperate fully with the Constructing Owner to provide any information that may be approved reasonably required in order to complete the Shared Infrastructure Improvements and Storm Water Facilities in question in substantial conformance with the Landlord must be given the authorization Plans, including, but not limited to, executing any applications, letters, dedications, offers of dedication, or other documentation required by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval City and/or other agency or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the construction to which they relate, for any use, purpose, or conditionutility.