Common use of Refurbishment Allowance Clause in Contracts

Refurbishment Allowance. On the one hundred twentieth (120th) full calendar month following the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment Allowance”) not to exceed Five and 00/100 Dollars ($5.00) per square foot of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If any portion of the Refurbishment Allowance is not due and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect to such portion of the Refurbishment Allowance.

Refurbishment Allowance. On Landlord shall provide Tenant with a refurbishment allowance (“Allowance”) of up to $881,790.00 for refurbishment and improvement expenses Tenant incurs (whether previously paid or then due for work performed or materials supplied) for refurbishing and improving the one hundred twentieth Premises during the Term of the Lease. If Tenant elects to retain the 18,000 Rentable Square Feet Tenant has the right to surrender pursuant to Section 34, after receipt of notice from Tenant that Tenant has elected to retain such 18,000 Rentable Square Feet Landlord shall increase the Allowance by an additional $180,000.00. The Allowance shall be paid to Tenant within thirty (120th30) full calendar month following days after Landlord receives Tenant’s request therefor accompanied by (i) a description of the Rent Commencement Daterefurbishments or improvements made or to be constructed by Tenant, (ii) evidence reasonably satisfactory to Landlord that Tenant has incurred the refurbishment or improvement expenses (whether such expenses have been previously paid or are then due for work performed or materials supplied) and (iii) original notarized lien waivers with respect to the refurbishments or improvements for which Tenant requests payment from the Allowance. If Landlord is not satisfied with the description of the refurbishments or improvements, the evidence of the expenses Tenant has incurred for the refurbishments or improvements, or the lien waivers with respect thereto, within fifteen (15) days after receipt of Tenant’s request for payment, Landlord shall notify Tenant of the additional information Landlord requires to verify such refurbishments or improvements and the expenses incurred by Tenant therefor or of any deficiencies in any lien waivers provided. Notwithstanding the foregoing, Landlord shall not be required to pay any part of the Allowance to Tenant a lump sum amount (“Refurbishment Allowance”) not to exceed Five and 00/100 Dollars ($5.00) per square foot if Tenant is in Default under the terms of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that Lease at the time of such the request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amountAllowance, or lack if an event has occurred which, if not cured within the period of sufficient back-up)time provided for curing defaults under the Lease, Tenant will constitute a Default under the terms of the Lease. Landlord shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, required to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If any portion of the Refurbishment Allowance is not due and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect to such portion of the Refurbishment Allowancepayments no more frequently than monthly.

Refurbishment Allowance. On the one hundred twentieth (120th) full calendar month following the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment Allowance”) not to exceed Five and 00/100 Dollars ($5.00) per square foot of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up Notwithstanding anything to the aggregate amount of contrary contained in this First Amendment or the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIXSection 6 of the Lease, so long as no default exists under the Lease beyond applicable notice and cure periods, Tenant shall be entitled to renovate the then-existing tenant improvements in the Premises in accordance with this Section 5 and otherwise in accordance with the Lease (except as otherwise provided herein), and shall be entitled to a one-time tenant refurbishment allowance (the "Refurbishment Allowance") in the amount up to, but not exceeding, Twenty-Five Thousand Dollars ($25,000.00). If The Refurbishment Allowance may only be used for costs relating to the design and construction of certain renovations to the Premises which are approved by Landlord in writing prior to the commencement of construction or installation of the improvements, and which are to be permanently affixed to the Premises and which shall be deemed Landlord's property (the "Refurbished Improvements"). In no event shall Landlord be obligated to make disbursements under this Section 5 in a total amount which exceeds the Refurbishment Allowance. Tenant shall not be entitled to receive any portion of the Refurbishment Allowance unless (i) the Refurbished Improvements are completed and (ii) a request for payment therefore is not due and payable on or submitted to Landlord in accordance with the provisions of Section 5.1, below, before June 30, 2018. If Tenant fails to use the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Dateentire Refurbishment Allowance prior to such date, then Landlord the Refurbishment Allowance shall not have any obligation be available to pay such portion Tenant. Tenant shall be entitled to make the Refurbished Improvements and request payment of the Refurbishment Allowance in one or more stages, phases or requests. Notwithstanding any provision of the Lease, including, without limitation, Section 6 of the Lease, Landlord shall not be entitled to be paid or receive any construction management fee in connection with the Refurbished Improvements and Tenant shall be deemed to have waived all rights with respect to such portion the Landlord’s payment of the Refurbishment AllowanceAllowance to Tenant.

Refurbishment Allowance. On elected the one hundred twentieth option set forth in clause (120thi) full calendar month following above. In the Rent Commencement Dateevent that Lessee should elect the option contained in clause (ii) above, Landlord Lessee shall be obligated to convey title to the Existing Property, in Lessee's name, to Lessor or its nominee, and Lessor shall be obligated to purchase (or to cause its nominee to purchase) the Existing Property pursuant to the terms of a purchase and sale agreement in the form attached hereto and incorporated herein as Exhibit H (the "Purchase and Sale Agreement"). Notwithstanding the foregoing, Lessor shall not be obligated to purchase the Existing Property in the event of a condemnation of a substantial portion of the Existing Property, a fire or other casualty damaging a substantial portion of the Existing Property or another occurrence after the date of this Lease which materially adversely impairs the title to or value of the Existing Property. In the event that the escrow established by the Purchase and Sale Agreement should close and Lessor or its nominee should obtain fee title to the Existing Property, Lessor shall bear, at Lessor's sole cost and expense, the costs of obtaining the Survey and the Phase I. In consideration of the acceptance of title to the Existing Property by Lessor or its nominee and the assumption of the indebtedness evidenced by the Promissory Notes by Lessor or its nominee, Lessee shall, at Lessee's option, concurrently with such closing, either (i) pay to Tenant a lump Lessor the sum amount (“Refurbishment Allowance”) not to exceed Five of Three Hundred Fifty Thousand and 00/100 No/100ths Dollars ($5.00350,000.00) per square foot of the Buildingin cash, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, or (ii) no liens shall have been filed execute an amendment to this Lease to increase the Base Rent payable pursuant to Article I hereof by One and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements 50/100ths Dollars ($1.50) per rentable square foot per year for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment months 1-60 of the full Refurbishment Allowance were submitted initial ten-year term hereof and increase the Base Rent payable pursuant to Article I hereof by Tenant One and 72/100ths Dollars (either in amount$1.72) per rentable square foot per year for months 61-120 of the initial ten-year term hereof. Upon the election by Lessee to sell the Existing Property to Lessor as herein provided, or lack the rights and obligations of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements Lessor and submit to Landlord claims for payment therefor, up Lessee with respect to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant Existing Property shall be performed subject to and in accordance with governed solely by the terms and conditions provisions of this Lease, including, without limitation, Article XIX. If any portion of the Refurbishment Allowance is not due such Purchase and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect to such portion of the Refurbishment AllowanceSale Agreement.

Refurbishment Allowance. On Tenant accepts the one hundred twentieth Premises as suitable for Tenant’s intended use and as being in good and sanitary operating order, condition, use or occupancy which may be made thereof and without any improvements or alterations by Landlord. Landlord agrees to contribute an amount not to exceed $3.00 per square (120th$180,183.00) full calendar month following (“Landlord’s Contribution”) toward the Rent Commencement Date, cost of any Alterations made to the Premises to refurbish the same (“Tenant’s Refurbishment Work”). Landlord shall pay Landlord’s Contribution to Tenant as reimbursement for actual and reasonable costs incurred by Tenant in performing Tenant’s Refurbishment Work within thirty (30) days following the later to occur of (i) Landlord’s receipt of a lump sum amount (“Refurbishment Allowance”) not to exceed Five and 00/100 Dollars ($5.00) per square foot Certificate of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), Occupancy for the costs Premises, if such is required in connection with Tenant’s Refurbishment Work; (ii) Landlord’s receipt of refurbishing the Improvements theretofore made by a certificate from Tenant, in its discretion, which refurbishing shall be performed subject to and ’s licensed contractor certifying completion of Tenant’s Refurbishment Work in accordance with the conditions construction plans and limitations set forth in Article XIX of this Leasespecifications therefore, provided that at the time of such request which plans and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall specifications have previously been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, approved by Landlord; (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment Landlord’s receipt of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail documentary evidence reasonably satisfactory to Landlord of all of Tenant’s expenditures for work performed and materials used in completing Tenant’s Refurbishment Work; and (iv) Landlord’s receipt of final, for the costs unconditional lien releases in form and expenses of refurbishing the Improvements content satisfactory to Landlord from all persons or entities providing labor and/or materials in an amount equal connection with Tenant’s Refurbishment Work. Notwithstanding anything herein to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Leasecontrary, including, without limitation, Article XIX. If if any portion of the Refurbishment Allowance is not due and payable Landlord’s Contribution remains unused by Tenant as on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement DateMarch 1, 2007, then Landlord shall not have any no further obligation to pay reimburse Tenant for any costs of Tenant’s Refurbishment Work and any such unused portion of Landlord’s Contribution shall belong to Landlord. If the cost of Tenant’s Refurbishment Allowance and Tenant Work exceeds Landlord’s Contribution, then such excess amount shall be deemed to have waived all rights with respect to such portion of the Refurbishment Allowanceborne solely by Tenant.

Refurbishment Allowance. On Commencing on the one hundred twentieth (120th) full calendar month following the Rent Commencement Amendment Date, Landlord shall pay to Tenant provide a lump sum amount refurbishment allowance (the “Refurbishment Allowance”) not to exceed Five Tenant in the amount of One Hundred Thirty-Nine Thousand One Hundred Thirty-Two and 00/100 No/100 Dollars ($5.00139,132.00) per square foot to reimburse Tenant for the costs incurred by Tenant in connection with the refurbishment of the BuildingPremises (the “Refurbishment”). Tenant shall be responsible for the performance of the Refurbishment. Tenant will prepare any necessary plans and specifications for each phase of the Refurbishment (the “Refurbishment Plans”) and submit the same to Landlord for review and approval, determined such approval not to be unreasonably withheld, conditioned, or delayed. Within five (5) business days following Landlord’s receipt of the Refurbishment Plans, Landlord will provide Tenant its approval or disapproval. Landlord and Tenant will exchange the Refurbishment Plans pursuant to the aforementioned time-table and process until the Refurbishment Plans are agreed upon by Landlord and Tenant. Thereafter, Tenant shall use reasonable speed and diligence to substantially complete the applicable phase of the Refurbishment in accordance with BOMA Standards (as defined the Refurbishment Plans, the terms of the Lease and all applicable laws and regulations. The Refurbishment Allowance shall be payable to Tenant by Landlord only after the completion of the applicable phase of the Refurbishment in Section 3.1)accordance with the Refurbishment Plans and upon the submission by Tenant to Landlord on or before December 31, 2011 of third party invoices paid by Tenant in connection with the applicable phase of the Refurbishment; provided, however, that no portion of the Refurbishment Allowance shall be used to reimburse Tenant for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and or other improvements and installations in, to or upon the Demised Premises by Tenantpersonal property. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment The cost of the full Refurbishment Allowance were submitted shall include, without limitation, all reasonable and customary costs and expenses incurred by Landlord pertaining to each phase of the Refurbishment and a construction management fee to Landlord of 4.4% of the total cost of each phase of the Refurbishment. Tenant (either in amount, or lack of sufficient back-up), hereby expressly agrees that Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims be responsible for payment have been submitted which are not qualified to be funded from the any and all Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount costs in excess of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for In the costs and expenses of refurbishing event that the Improvements in an full amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If any portion of the Refurbishment Allowance is not due and payable utilized on or before December 31, 2011, the last day of difference between the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion amount of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect actually utilized prior to such portion date and the full amount of the Refurbishment AllowanceAllowance shall be forfeited by Tenant.

Refurbishment Allowance. On Notwithstanding Section 7 above to the contrary and subject to the provisions of Section 8.2 below, Tenant shall be entitled to receive from Landlord a one hundred twentieth (120th1) full calendar month following time refurbishment allowance (the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment Allowance”) in the amount of up to, but not to exceed Five and 00/100 Dollars exceeding, $18,010.00 (i.e., $5.00) 5.00 per rentable square foot of the BuildingExpansion Space) to help reimburse Tenant for the actual out-of-pocket costs incurred and paid for by Tenant (collectively, determined the “Refurbishment Costs”) during the period from the date of mutual execution and delivery of this Second Amendment through and including December 31, 2015 (the “Refurbishment Period”) in connection with the design, construction, acquisition and installation of any permanently affixed Tenant improvements and alterations which are made and/or installed by or for Tenant in or to the Expansion Space, including, without limitation, removing the existing demising wall that currently separates the Original Premises from the Expansion Space (collectively, the “Refurbishment Work”). The Refurbishment Work shall be undertaken by Tenant in accordance with BOMA Standards (as defined in Section 3.1), for Articles 8 and 9 of the costs of refurbishing Original Lease. Subject to the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Leaseherein below, provided that at the time of such request and scheduled payment: (i) this Lease Landlord shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to disburse the portion of the Refurbishment Allowance requested. Any refurbishment work to be used to reimburse Tenant for the Refurbishment Costs pertaining to the Refurbishment Work within thirty (30) days after Landlord has received all of the following (collectively, the “Refurbishment Work Draw Documents”): (i) a request for payment by Tenant shall be performed subject to certifying that the Refurbishment Work has been completed; (ii) factually correct invoices and paid receipts for labor and materials rendered in accordance connection with and evidencing the terms Refurbishment Work and conditions of this Lease, including, without limitation, Article XIX. If any portion the amount of the Refurbishment Allowance is not due Costs actually incurred and payable on paid by Tenant therefor; (iii) executed final, unconditional mechanic’s lien releases from all contractors, subcontractors and other persons or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of entities performing the Refurbishment Allowance Work, reasonably satisfactory to Landlord; and Tenant shall be deemed to have waived (iv) all rights with respect to such portion of the Refurbishment Allowanceother information reasonably requested by Landlord.

Refurbishment Allowance. On Subject to the one hundred twentieth (120th) full calendar month following the Rent Commencement Dateterms and provisions hereof, Landlord shall pay agrees to Tenant a lump sum contribute an amount not to exceed Sixty-One Thousand Ninety Dollars ($61,090.00) (the “Refurbishment Allowance”) not toward the cost of any alterations or improvements that Tenant performs on the Premises prior to exceed Five and 00/100 Dollars ($5.00) per square foot of December 31, 2017 that have been approved by Landlord after the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX date of this Lease, provided that at the time of such request Amendment and scheduled payment: (i) this Lease shall be otherwise performed in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in strict accordance with the terms and conditions of this the Original Lease, including, without limitation, Article XIXincluding Section 6.1.4 thereof (the “Tenant Improvements”). If the Tenant Improvements are not completed on or before December 31, 2017, then Landlord shall have no obligation to pay all or any portion of the Refurbishment Allowance is not due and payable on or before to Tenant. If the last day cost of Tenant Improvements exceeds the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement DateRefurbishment Allowance, then such excess amount shall be borne solely by Tenant. Landlord shall not have any obligation to pay such portion of disburse the Refurbishment Allowance to Tenant within thirty (30) days following the later to occur of (i) Landlord’s receipt of a certificate from Tenant’s licensed contractor certifying completion of Tenant Improvements in accordance with the construction plans and specifications therefor approved by Landlord; (ii) Landlord’s receipt of documentary evidence reasonably satisfactory to Landlord of all of Tenant’s expenditures for work performed and materials used in completing Tenant Improvements; and (iii) Landlord’s receipt of final, unconditional lien releases in form and content satisfactory to Landlord from all persons or entities providing labor and/or materials in connection with Tenant Improvements. Landlord or an agent of Landlord, shall be paid a construction management fee (the “Construction Management Fee”) equal to three percent (3%) of the amount of the costs incurred to complete the Tenant Improvements. Landlord may deduct from Landlord’s Allowance and pay its agent the amount of Construction Management Fee, and Tenant shall be deemed to have waived all rights with respect to such portion responsible for payment of the Refurbishment Construction Management Fee to the extent construction costs of the Tenant Improvements exceed the Landlord’s Allowance.

Refurbishment Allowance. On the one hundred twentieth (120th) full calendar month following the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment Allowance”) not to exceed Five and 00/100 Dollars (” of $5.00) 7.50 per square foot RSF of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore made Premises then being leased by Tenant, to be used by Tenant for costs associated with Tenant Changes (as such term is defined in its discretionParagraph 8.3 of the Original Lease) made to the Premises on or after December 1, which refurbishing shall be performed subject 2015 (including but not limited to costs associated with preparation of applicable plans and drawings, architectural and engineering fees, hard and soft costs of construction, project management fees, permits, governmental fees and inspections, WSST, and preparation of as-built record documentation. If Tenant is not then in accordance with the conditions and limitations set forth in Article XIX of uncured default under this Lease, Landlord shall reimburse the Refurbishment Allowance within fifteen (15) days after the request of Tenant, not requested more frequently than monthly, provided that at the time of such request and scheduled paymentTenant has: (i) this Lease shall be constructed such Tenant Changes in full force substantial accordance with mutually-approved plans, specifications, and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure perioddrawings, (ii) no liens shall have been filed furnished Landlord an affidavit from Tenant listing all contractors, subcontractors and suppliers whom Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requestedcontracted with in connection with the Tenant Changes, (iii) such work fully paid for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture all of the Tenant Changes and equipment, carpet, painting, wall coverings, woodworkprovided a certificate from an officer of Tenant stating same and setting forth the total amount that was spent thereon, and (iv) furnished Landlord original, valid, unconditional mechanic’s lien release from Tenant’s general contractor and as reasonably requested by Landlord for other improvements subcontractors and installations in, to suppliers who performed work or upon furnished supplies for or in connection with the Demised Premises by TenantTenant Changes. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the Any unused portion of the Refurbishment Allowance requestedremaining after March 1, 2016 may be applied at Tenant’s discretion toward Rent thereafter coming due under the Lease. Any refurbishment work by Tenant shall be performed subject hereby waives any right to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If use any remaining unused portion of the Refurbishment Tenant Allowance is not due and payable on or before described in Paragraph 7 of Exhibit “C” to the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect to such portion of the Refurbishment AllowanceOriginal Lease.

Refurbishment Allowance. On Provided an Event of Default has not occurred and is continuing, during the one hundred twentieth (120th) full calendar month following the Rent Commencement Date8th Lease Year, Landlord Tenant shall pay be entitled to Tenant a lump sum amount (“Refurbishment Allowance”) not refurbishment allowance equal to exceed Five and 00/100 Dollars ($5.00) **** per square foot of the Buildingthen rentable area of the Premises, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of to be applied toward improving and refurbishing the Improvements theretofore made Premises (the “Refurbishment Allowance”). For purposes of determining the then rentable area of the Premises, the rentable area of the Premises as of the Commencement Date shall be used (taking into account any contraction rights Tenant may have exercised pursuant to Section 48 hereof). If requested by Tenant, in its discretion, which refurbishing Landlord will undertake the construction of the leasehold improvements. Any costs of such improvements that exceeds the Refurbishment Allowance shall be performed subject to paid by Tenant. Tenant shall be responsible for providing any plans and obtaining any necessary approvals for such work, provided that Tenant may apply a portion of the Refurbishment Allowance toward its cost of designing and permitting any such leasehold improvements. The work shall be constructed in accordance with the conditions and limitations set forth in Article XIX provisions of Exhibit C to this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), applicable. Tenant shall have six (6) months following the date option of constructing the **** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission. leasehold improvements itself in which event Landlord shall reimburse Tenant receives notice from Landlord that claims for payment have been submitted which are the cost thereof, not qualified to be funded from exceed the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies within thirty (30) days of paid bills receipt of invoices and invoices, in detail lien waivers reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If any portion of the Refurbishment Allowance is not due and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect to such portion of the Refurbishment Allowance.

Refurbishment Allowance. On the one hundred twentieth Upon Tenant’s written request (120th) full calendar month following the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment AllowanceNotice”) ), which must be received by Landlord not to exceed Five and 00/100 Dollars ($5.00) per square foot later than the last day of the Building66th Lease Month, determined in accordance with BOMA Standards (as defined in Section 3.1), for and provided no default by Tenant under the costs Lease then exists beyond the expiration of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, Landlord agrees to provide Tenant with a refurbishment allowance of up to $5.00 per square foot of the Agreed Rentable Area in the Premises (iithe “Refurbishment Allowance”). The Refurbishment Allowance shall (subject to the remaining provisions of this Section) no liens shall have been filed be used solely to pay for design fees and hard construction costs for Installations Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, elects to perform in the Premises after the expiration of the 52nd Lease Month but prior to the expiration of the 70th Lease Month (iii) the “Refurbishment Work”). All such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions provisions of this Lease, including, the Lease (including without limitation, Article XIXlimitation Section 6.303 thereof). If any portion of Tenant shall be required to utilize the Refurbishment Allowance is not due and payable (if at all) on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then 70th Lease Month; Landlord shall not have any no obligation to pay such advance any portion of the Refurbishment Allowance for alterations or improvements made after such date. Tenant shall repay to Landlord as Rent the Refurbishment Allowance in equal monthly installments computed by fully amortizing the Refurbishment Allowance over the period commencing on the first day of the 67th Lease Month and ending on the last day of the 126th Lease Month, at a per annum interest rate of ten percent (10%). Such monthly installments shall be payable without demand, deduction or offset on the same date that Basic Rent is payable. Such installments shall be payable retroactive to the first day of the 67th Lease Month, and Tenant shall pay any such retroactive installments promptly upon determination of the applicable payment amounts. Upon Landlord’s written request, Tenant agrees to execute a lease amendment prepared by Landlord that memorializes such additional Rent payments. Tenant’s delivery of a Refurbishment Notice to Landlord shall constitute Tenant’s waiver of its right to exercise the termination option set forth in Rider 4 to this Lease. The Refurbishment Allowance shall (subject to the remaining provisions of this Section) be deemed disbursed by Landlord from time to have waived all rights time, but no more than once monthly, with respect the first such disbursement being payable no sooner than the first day of the 67th Lease Month (notwithstanding anything to such the contrary set forth herein), in an amount equal to the invoices and/or statements submitted to Landlord and for which Tenant has not been previously reimbursed. Landlord shall make disbursements of the Refurbishment Allowance within thirty (30) days after receipt of (1) a request for reimbursement from Tenant setting forth the amount sought to be reimbursed and the approximate cost to complete construction of the Refurbishment Work, (2) acceptable invoices and statements supporting the amount requested by Tenant, (3) fully executed and acknowledged releases and waivers of liens and claims (to the extent of the Refurbishment Work theretofore performed) in form acceptable to Landlord, from each of Tenant’s Contractors (as defined in Section 3 of the Work Letter) and suppliers that is to receive any portion of the amount requested, and (4) any documentation required by Landlord in order to comply with Landlord’s mortgagee’s requirements or conditions to the funding of such disbursement by such mortgagee. Notwithstanding the foregoing, Landlord shall not be required to disburse (A) any amounts from the Refurbishment AllowanceAllowance if any of Tenant’s Contractors or their respective subcontractors, suppliers and materialmen file or have given notice of intent to file a lien against the Premises and/or the Building which has not been bonded around or Renaissance Tower/ Priority Fulfillment Services, Inc. released in accordance with the requirements of Section 2.4 of the Work Letter, until the time of such bonding or release, or (B) the last installment of the Refurbishment Allowance unless and until Tenant provides Landlord final lien waivers (in form reasonably satisfactory to Landlord) executed by each of Tenant’s Contractors and their respective subcontractors, suppliers and materialmen, releasing and waiving all contractual, statutory and constitutional liens and security interests that they may have against the Premises, the Building, Tenant or Landlord arising out of or relating to the construction or design of the Refurbishment Work. Time is of the essence in any exercise by Tenant of its rights under this Section.

Refurbishment Allowance. On If Tenant does not elect to exercise its right to terminate this Lease pursuant to Article XXX of the one hundred twentieth Lease, Tenant shall receive as a credit against the costs associated with the re-carpeting and painting of the Premises (120th) full calendar month following the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment AllowanceWork”) not an amount up to exceed Five and 00/100 Dollars ($5.00) per rentable square foot of the Building, determined in accordance with BOMA Standards Premises (as defined in Section 3.1the “Refurbishment Allowance”), for the costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX of this Lease, provided that at the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and . Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from perform the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and Work in accordance with the terms and conditions of this Article XII of the Lease. Landlord shall pay the cost of design and construction of the Refurbishment Work directly to Tenant or, includingat Tenant’s option, without limitationto Tenant’s architect or Tenant’s general contractor, Article XIXas the case may be. The Refurbishment Allowance shall be paid by Landlord to Tenant within thirty (30) calendar days after the last to occur of: (i) final completion and acceptance of the Refurbishment Work; (ii) Tenant’s delivery to Landlord of final unconditional mechanic’s lien releases from Tenant’s subcontractors, laborers, materialmen and suppliers with respect to the Refurbishment Work in the form of Schedule I attached hereto and made a part hereof; and (iii) Tenant’s delivery to Landlord of evidence of costs incurred in a form reasonably acceptable to Landlord. If any portion mechanic’s lien is recorded against the Building or Premises or any stop notices are served on Landlord during the course of the Refurbishment Allowance is not due and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement DateWork, then Landlord shall not have any obligation the right to pay such portion of withhold from the Refurbishment Allowance and a sum equal to one hundred fifty percent (150%) of the disputed amount. Landlord shall have the right to make OFFICE LEASE Park Ten Plaza - RigNet, Inc. Table of Contents payment of the disputed sum directly to the claimant to cause the release of any mechanic’s lien that has been filed against the Building or Premises or to cause the release of any stop notice served on Landlord where said lien has not been removed by the recordation of either a release of mechanic’s lien or a statutory lien release bond issued by a corporate surety reasonably acceptable to Landlord within ten (10) business days following the date Tenant receives notice of filing of the mechanic’s lien or Landlord’s receipt of the stop notice. The Refurbishment Allowance shall be deemed available to have waived all rights with respect to such portion Tenant from June 1, 2023 through May 31, 2024. OFFICE LEASE Park Ten Plaza - RigNet, Inc. Table of the Refurbishment Allowance.Contents

Refurbishment Allowance. On the one hundred twentieth (120th) full calendar month following the Rent Commencement Date, Landlord shall pay disburse to Tenant a lump sum refurbishment allowance in the total amount of $559,305.00 (the “Refurbishment Allowance”) not to exceed Five toward the costs and 00/100 Dollars ($5.00) per square foot expenses incurred in connection with the performance of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), leasehold improvements to the Renewal Premises. Tenant may apply the Refurbishment Allowance for the payment of construction and other costs of refurbishing the Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance with the conditions and limitations set forth in Article XIX terms of this Lease, provided that at Section 6. Upon submission by Tenant to Landlord of (a) a statement (a “TI Fund Request”) setting forth the time of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any total amount of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is Refurbishment Allowance requested, (iiib) such work a summary of the Tenant’s leasehold improvements to the Renewal Premises performed using AIA standard form Application for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovationsPayment (G 702) executed by the general contractor and by the architect, replacements(c) invoices from the general contractor, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodworkthe architect, and any subcontractors, material suppliers and other improvements and installations in, parties requesting payment with respect to or upon the Demised Premises by Tenant. To amount of the extent that the full Refurbishment Allowance has not been paid then being requested, ( d) lien releases from the general contractor and each subcontractor and material supplier with respect to the completed leasehold improvements performed that correspond to the TI Fund Request each in a form reasonably acceptable to Landlord and complying with applicable laws, then Landlord shall, within thirty (30) days following receipt by Landlord of a TI Fund Request and the accompanying materials required by this Section 6, pay to Tenant because insufficient claims for payment the amount of the full Refurbishment Allowance were submitted by Tenant (either requested in amount, or lack of sufficient back-up), Tenant such TI Fund Request. In no event shall Landlord have six (6) months following the date Tenant receives notice from Landlord that claims any obligation to pay for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims any costs for payment therefor, up leasehold improvements to the aggregate amount Premises in excess of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, Notwithstanding anything in detail reasonably satisfactory to Landlord, for this Section 6 or the costs and expenses of refurbishing the Improvements in an amount equal Lease to the portion of the Refurbishment Allowance requested. Any refurbishment work by contrary, Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If may requisition all or any portion of the Refurbishment Allowance is not due for reimbursement of Tenant’s costs to purchase and install furniture, fixtures and equipment for the Renewal Premises (“FF&E costs”) and/or as a credit against the Annual Rent payable on or before during the last day First Extended Term (which rent credit, if any, shall apply to the next monthly installment(s) of Annual Rent immediately following Tenant’s notice to Landlord of its election to utilize the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion rent credit). Any remaining amount of the Refurbishment Allowance and that is not applied by Tenant toward the costs of leasehold improvements to the Renewal Premises, FF&E costs and/or as an Annual Rent credit by the June 30, 2023 shall be deemed to have waived all rights with respect to such portion of the Refurbishment Allowanceforfeited by Tenant and will no longer be payable by Landlord.

Refurbishment Allowance. On Landlord agrees to contribute an amount not to exceed $2.50 per rentable square foot of Premises that is occupied by Tenant by the one hundred twentieth first anniversary of the Phase A Commencement Date (120th) full calendar month following the Rent Commencement Date, Landlord shall pay to Tenant a lump sum amount (“Refurbishment Allowance”) not toward the cost of performing improvements to exceed Five and 00/100 Dollars ($5.00) per square foot the Premises during the fifth year of the BuildingTerm (the “Improvements”). Any portion of the Refurbishment Allowance that is remaining after the sixth anniversary of the Commencement Date, determined in accordance shall accrue to the sole benefit of Landlord, it being agreed that Tenant shall not be entitled to any credit, offset, abatement or payment with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the respect thereto. All such Improvements theretofore made by Tenant, in its discretion, which refurbishing shall be performed subject to and in accordance compliance with the terms and conditions and limitations set forth in Article XIX of this the Lease, provided that at including, without limitation, the time prior approval of such request and scheduled payment: (i) this Lease Landlord with respect to the Improvements to be performed. The Refurbishment Allowance shall be in full force and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment following receipt of the following documentation: full Refurbishment Allowance were submitted and final waivers of liens from the general contractor and the subcontractors retained by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance to be disbursed, completion certificates from Tenant, the general contractor and Tenant’s architect, a sworn contractor’s affidavit from the general contractor and a request to disburse from Tenant containing an approval by Tenant of the work done and receipted bills covering all labor and materials expended and used in connection with the Improvements for which a disbursement of the Refurbishment Allowance is being requested. Any refurbishment work by Tenant Landlord, at its option, may pay the Refurbishment Allowance directly to the order of the general contractor that performed the Improvements or to the joint order of the general contractor and all included subcontractors. Notwithstanding anything herein to the contrary, Landlord shall not be performed subject obligated to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If disburse any portion of the Refurbishment Allowance is not due during the continuance of an uncured default under the Lease, and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any Landlord’s obligation to pay disburse shall only resume when and if such portion default is cured. The Refurbishment Allowance may only be used for the cost of labor, material and contractors fees for the Improvements to the Premises and the cost of preparing plans and drawings in connection therewith. In no event shall the Refurbishment Allowance be used for the purchase of equipment, furniture and other items of personal property of Tenant. In the event Tenant does not use the entire Refurbishment Allowance by the end of the second lease year of the Lease Term, any unused amount shall accrue to the sole benefit of Landlord, it being understood that Tenant shall not be deemed entitled to have waived all rights with respect to such portion of the Refurbishment Allowanceany credit, abatement or other concession in connection therewith.

Refurbishment Allowance. On Any and all proposed Additional Alterations shall be performed at the one hundred twentieth sole cost and expense of Tenant, provided that in connection with this Amendment and provided further that Tenant is not in default (120thafter expiration of any applicable notice and cure periods) full calendar month following of any terms of the Rent Commencement DateLease, Landlord shall pay grant to Tenant a lump sum amount refurbishment allowance of up to One Hundred Eighty‑Eight Thousand Two Hundred and 00/100 Dollars ($188,200.00) (the “Refurbishment Allowance”) not to exceed Five and 00/100 Dollars ($5.00) per square foot of the Building, determined in accordance with BOMA Standards (as defined in Section 3.1), for the costs of refurbishing the Improvements theretofore be applied to Additional Alterations made by Tenant, in its discretion, which refurbishing shall be performed subject Tenant to and in accordance with the conditions and limitations set forth in Article XIX of this LeasePremises, provided that at notwithstanding the time foregoing, the Refurbishment Allowance may only be applied towards the cost of such request and scheduled payment: (i) this Lease shall be in full force and effect and Tenant shall not then be in default which remains uncured in Additional Alterations made to the performance of any interior areas of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment have been made, covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX belowPremises. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, As a condition to or upon the Demised Premises by Tenant. To disbursement of the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up)Additional Alterations, Tenant shall have six (6) months following the date Tenant receives notice from deliver to Landlord that claims written request for payment have been submitted which are not qualified to be funded from disbursement of all or any portion of the Refurbishment Allowance, to make additional Improvements together with receipts or invoices marked “PAID” evidencing the costs incurred by Tenant and submit to applicable lien releases and waivers signed by all contractors, subcontractors and materialmen performing work at the Premises on behalf of Tenant. Landlord claims for payment therefor, up to shall disburse the aggregate amount of the Refurbishment AllowanceAllowance requested in Tenant’s disbursement request within thirty (30) days after receipt of Tenant’s request and the back-up materials described above. Tenant agrees to furnish to Landlord upon written requestNotwithstanding the foregoing, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, all requests for the costs and expenses of refurbishing the Improvements in an amount equal to the portion disbursement of the Refurbishment Allowance requested. Any refurbishment work by Tenant for Additional Alterations shall be performed subject delivered to and in accordance with Landlord on or before December 31, 2016 (the terms and conditions of this Lease, including, without limitation, Article XIX“Outside Allowance Date”). If any portion of the Refurbishment Allowance is not due and payable on or before the last day remains unused as of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Outside Allowance Date, then such unused portion shall thereafter be retained by Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect no further right to such unused portion of the Refurbishment Allowance. Landlord shall not charge Tenant nor be entitled to receive any construction management fee applicable to any improvements constructed or installed to the Premises and paid for pursuant to this Section 5.c.

Refurbishment Allowance. On the one hundred twentieth (120th) full calendar month following the Rent Commencement Date, Landlord shall pay have no obligation to make any leasehold alterations, additions or improvements to the Premises, including, without limitation, the First Expansion Premises and the Second Expansion Premises. Tenant a lump sum amount shall accept the First Expansion Premises and the Second Expansion Premises as of the First Expansion Premises Commencement Date in the current “as-is, where-as” condition, with, to Landlord’s actual knowledge, without inquiry or duty to inquire, all Operating Systems in good operating condition. Landlord will provide Tenant with up to $96,445 (calculated at the rate of $5.00 per rentable square foot of the First Expansion Premises and the Second Expansion Premises) (the “Refurbishment Allowance”) not to exceed Five be used for the following with respect to Tenant’s leasehold refurbishment improvements in the First Expansion Premises and 00/100 Dollars the Second Expansion Premises: ($5.00a) per square foot Tenant’s architecture, engineering and project fees and costs, including preparing construction and design documents and mechanical and electrical plans, (b) permits, construction materials and labor, and construction fees and costs, including any legal compliance requirements, and (c) Landlord’s construction management fee of four percent (4%) of the BuildingRefurbishment Allowance. Landlord makes no representation or warranty as to what can be obtained with the Refurbishment Allowance. A contractor engaged by Tenant will perform the Leasehold refurbishment improvements (collectively, determined the “Refurbishment”) in accordance with BOMA Standards (as defined in Section 3.1)all terms and conditions of the Lease, for including, without limitation, Article 13 of the costs of refurbishing the Improvements theretofore made by Existing Lease. Tenant, in its discretion, which refurbishing ’s contractor shall be performed subject to the reasonable approval of Landlord and Tenant will be responsible for all costs related to the Refurbishment in excess of the Refurbishment Allowance. Landlord will pay any amounts payable to Tenant under this Section 11 in one lump sum within 30 days from the date the Refurbishment is completed in accordance with the terms and conditions and limitations set forth in Article XIX of this the Lease, and Tenant has submitted to Landlord a written statement requesting such payment with appropriate supporting documentation, provided that at the time of such request requested and scheduled payment: (i) this Lease shall be in full force no Event of Default by Tenant exists under the Lease; and effect and Tenant shall not then be in default which remains uncured in the performance of any of the terms, covenants and conditions herein contained beyond any applicable notice and cure period, (ii) no liens shall have been filed and Tenant shall furnish evidence that payment has been made, or satisfactory arrangements for payment Landlord will have been made, received an appropriate lien waiver from Tenant’s general contractor and subcontractors covering all work for which payment is requested, (iii) such work for which payment has been requested shall have been done in accordance with Article XIX below. Refurbishment shall include amounts expended for renovations, replacements, refinishing, fixtures, furniture and equipment, carpet, painting, wall coverings, woodwork, and other improvements and installations in, to or upon the Demised Premises by Tenant. To the extent that the full Refurbishment Allowance has not been paid to Tenant because insufficient claims for payment of the full Refurbishment Allowance were submitted by Tenant (either in amount, or lack of sufficient back-up), Tenant shall have six (6) months following the date Tenant receives notice from Landlord that claims for payment have been submitted which are not qualified to be funded from the Refurbishment Allowance, to make additional Improvements and submit to Landlord claims for payment therefor, up to the aggregate amount of the Refurbishment Allowance. Tenant agrees to furnish to Landlord upon written request, copies of paid bills and invoices, in detail reasonably satisfactory to Landlord, for the costs and expenses of refurbishing the Improvements in an amount equal to the portion of the Refurbishment Allowance requested. Any refurbishment work by Tenant shall be performed subject to and in accordance with the terms and conditions of this Lease, including, without limitation, Article XIX. If any portion of the Refurbishment Allowance is not due and payable on or before the last day of the one hundred twenty-sixth (126th) full calendar month following the Rent Commencement Date, then Landlord shall not have any obligation to pay such portion of the Refurbishment Allowance and Tenant shall be deemed to have waived all rights with respect to such portion of the Refurbishment Allowance.