Common use of Refurbishment Clause in Contracts

Refurbishment. As part of "Landlord's Work" under the ------------- Improvement Agreement, at its sole cost and without reimbursement by Tenant or reduction in the Allowance for Initial Improvements, Landlord shall also repair and replace (to good condition) those items described on attached Exhibit D, in --------- accordance with plans approved by Tenant, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, the parties agree that the following shall apply to the Construction Cost (as defined in the Improvement Agreement) which Landlord incurs to replace the bathrooms: (i) If the Construction Cost for the Initial Improvements to the entire Premises is less than the Allowance, then the Landlord may apply the unused portion of the Allowance to the Construction Cost for the bathroom reconstruction. (ii) If the unused portion of the Allowance does not repay all of the Construction Cost incurred by Landlord for the bathroom reconstruction, then Tenant shall pay the first $13,000 of such Construction Cost and the Landlord shall pay the remainder, if any. (iii) If the unused portion of the Allowance plus the Tenant's contribution pursuant to subpart (ii) above does not repay all of the Construction Cost incurred by Landlord for the bathroom reconstruction, then on the Commencement Date of the Lease, Tenant shall advance to Landlord 50% of such shortfall. The amount so advanced by Tenant shall be reimbursed by Landlord to Tenant, without interest, in twelve equal monthly installments payable to Tenant commencing on the first day of the third full month of the Lease Term and continuing on the first day of the eleven calendar months thereafter. To facilitate the payments between the parties, the amount of such reimbursement by Tenant may be offset against the Base Rent payable by Tenant under this Lease.

Refurbishment. As part If Tenant is to perform restoration work to the Third Floor to the extent required by the terms of "Landlord's Work" under the ------------- Improvement Agreement, at its sole cost and without reimbursement by Tenant Lease (the “Restoration Improvements”) or reduction desires to renovate the then-existing Leasehold Improvements in the Allowance for Initial Improvements, Landlord shall also repair and replace (to good condition) those items described on attached Exhibit D, in --------- accordance with plans approved by Tenant, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, the parties agree that the following shall apply to the Construction Cost (as defined in the Improvement Agreement) which Landlord incurs to replace the bathrooms: (i) If the Construction Cost for the Initial Improvements to the entire Premises is less than the AllowanceRemainder Premises, then the Landlord may apply same shall be performed in accordance with the unused portion terms and provisions of the Allowance to the Construction Cost for the bathroom reconstruction. (ii) If the unused portion of the Allowance does not repay all of the Construction Cost incurred by Landlord for the bathroom reconstruction, then Tenant shall pay the first $13,000 of such Construction Cost and the Landlord shall pay the remainder, if any. (iii) If the unused portion of the Allowance plus the Tenant's contribution pursuant to subpart (ii) above does not repay all of the Construction Cost incurred by Landlord for the bathroom reconstruction, then on the Commencement Date Article 10 of the Lease, all applicable laws and consistent with the Building Standards and Tenant shall advance to pay all costs associated with the foregoing; provided, however, that Landlord 50% of such shortfall. The amount so advanced by acknowledges and agrees that Tenant shall be reimbursed by entitled to a one-time tenant refurbishment allowance (the “Refurbishment Allowance” in an amount up to but not exceeding xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx for the costs relating to the design and construction of certain renovations to the then-existing Leasehold Improvements in the Remainder Premises (the “Refurbished Improvements”) and the Restoration Improvements and the costs to move Tenant’s personal property from the Third Floor to the Remainder Premises. In no event shall Landlord be obligated to Tenantmake disbursements under this Section 11.2 prior to September 15, without interest, 2011 or in twelve equal monthly installments payable a total amount which exceeds the Refurbishment Allowance. Subject to Tenant commencing on the first day Article 10 of the third full month Lease, all items of the Refurbished Improvements, whether or not the cost thereof is covered by the Refurbishment Allowance, shall become the property of Landlord upon expiration or earlier termination of the Lease and shall remain in the Remainder Premises at all times during the Term and continuing on the first day of the eleven calendar months thereafterLease. To facilitate The immediately preceding sentence shall not limit Tenant’s right to remove furniture, removable fixtures (e.g., file cabinets), and the payments between hardware elements of Tenant’s Security System from the partiesRemainder Premises upon expiration or earlier termination of the Lease so long as such removal is performed in accordance with, and subject to, the amount of such reimbursement by Tenant may be offset against the Base Rent payable by Tenant under this Lease.

Refurbishment. As part of "8.1. In the sixth Lease Year Landlord's Work" under the ------------- Improvement Agreement, at its sole cost and without reimbursement expense, shall, upon written request from Tenant, provide new paint and Building-standard carpet in all portions of the original Premises being actively occupied by Tenant or reduction where such new paint and carpet is reasonably required; which paint and carpet will be consistent with the Building-standard paint and carpet described in Exhibit "C" of this Lease, unless otherwise agreed to by Landlord and Tenant. Tenant, at its sole cost and expense, shall be responsible for removing all of Tenant's property as is reasonably necessary to allow for such painting and re-carpeting. Alternatively, Landlord may provide Tenant with an allowance to cover the cost of such painting and carpeting and allow Tenant to perform such work; in which event, such allowance and the subject work will be in addition to the refurbishment allowance provisions of Paragraph 8.2, below and shall be deemed to constitute a part of such refurbishment allowance. 8.2. In addition to the new carpet and paint referenced in Paragraph 8.1, above, in the Allowance for Initial Improvements, sixth Lease Year Landlord shall also repair provide Tenant with a refurbishment allowance of up to $[***] per Rentable Square Foot of space in the original Premises to pay for improvements to or refurbishment of the Premises. The refurbishment allowance shall be payable upon completion of the Alterations undertaken by Tenant during such Lease Year and replace within ten business days of presentation to Landlord of (a) evidence reasonably satisfactory to good conditionLandlord that such monies have been expended by Tenant (or that Tenant has invoices therefor reasonably acceptable to Landlord) those items described on attached Exhibit D, in --------- accordance with plans approved by Tenant, for a purpose relative to which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, the parties agree that the following shall apply to the Construction Cost Tenant may claim its refurbishment allowance (as defined in the Improvement Agreementprovided below), and (b) which Landlord incurs final lien releases (or final lien releases conditional upon payment where such payment amount is equal to replace the bathrooms: (i) If the Construction Cost for the Initial Improvements to the entire Premises is or less than the Allowance, then the Landlord refurbishment allowance amount being requested by Tenant from Landlord) as to such Alterations. The foregoing refurbishment allowance may apply the unused portion be used solely for refurbishment of the Allowance Premises; however, subject to the Construction Cost for the bathroom reconstruction. (ii) If the unused portion provisions of Paragraph 23 of the Allowance does not repay all Lease and Landlord's approval rights contained therein, the nature of the Construction Cost incurred by Landlord for the bathroom reconstruction, then Tenant refurbishment so undertaken shall pay the first $13,000 of such Construction Cost and the be at Tenant's sole discretion (i.e. although Landlord shall pay the remainder, if any. (iii) If the unused portion of the Allowance plus the Tenant's contribution pursuant to subpart (ii) above does not repay all of the Construction Cost incurred by Landlord for the bathroom reconstruction, then on the Commencement Date of the Leasemaintain its approval rights under such Paragraph 23, Tenant shall advance have the sole discretion to Landlord 50% decide what type of such shortfallrefurbishment—drapes, cubicles, etc.—Tenant wishes to undertake). 8.3. The amount so advanced by Tenant refurbishment allowance provisions of Paragraph 8.2, above, shall be reimbursed by Landlord also apply to Tenant, without interest, in twelve equal monthly installments payable to Tenant commencing on any Expansion Space during the first day sixth Lease Year following the execution of the third full month of the Lease Term and continuing on the first day of the eleven calendar months thereafter. To facilitate the payments between the parties, the amount of such reimbursement by Tenant may be offset against the Base Rent payable by Tenant under this Leaseapplicable Expansion Space Amendment.