Common use of Renovations Clause in Contracts

Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.

Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant Subtenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Sublandlord and/or Landlord may during the Lease Term substantially renovate, improve, alter, or modify the real property underlying and adjacent to Building (collectively“Property”), the Common Areas and/or Buildings, and/or portions thereof, and/or that Landlord and/or Sublandlord may construct a new building on portions of the Property adjacent to the Buildings (in any such events, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure), which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Lawscertain alterations, including regulations relating improvements, modifications and/or renovations to the physically disabled, seismic conditions, parking structure and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in . In connection with any Renovations, Landlord mayand/or Sublandlord may (or may permit), among other things, erect scaffolding or other necessary structures in to be erected on or about the ProjectProperty, or portions thereof, limit or eliminate access to portions of the ProjectProperty, including portions of the Common AreasAreas (including, without limitation, the “field”), and/or perform work on or about the Property, or perform work in the Projectany portion thereof, which work may create noise, dust or leave debris in in, on or about the BuildingsProperty, or certain portions thereof. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant Subtenant hereby agrees that such Renovations and Landlord’s and/or Sublandlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, Subtenant nor entitle Tenant Subtenant to any abatement of Rent. Landlord and Sublandlord shall have no responsibility or for any reason be liable to Tenant Subtenant for any direct or indirect injury to or interference with TenantSubtenant’s business arising from the Renovations, nor shall Tenant Subtenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements Sublandlord resulting from the Renovations or Landlord’s and/or Sublandlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsRenovations.

Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas Facilities and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and the structural portions of the Building; and, in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, Building and limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the ProjectBuilding, which work may create noise, dust or leave debris in the BuildingsBuilding. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of RentRental; provided, however, that Landlord agrees to use commercially reasonable efforts to minimize the interference with Tenant’s use of the Premises resulting from the Renovations. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that in exercising its rights under this Paragraph, Landlord uses commercially reasonable efforts to minimize interference with Tenant’s beneficial use and enjoyment of the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsPremises.

Renovations. It is specifically understood Landlord shall, at its sole cost and agreed that Landlord has made no representation or warranty to expense, provide Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate with a "turnkey" renovation (the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition "Renovations") of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction portion of the Base Building, Landlord may during Leased Premises located on the Lease Term renovate, improve, alter, or modify 9th and 10th floors of the Building and the main reception area of the Leased Premises on the 12th floor of the Building (collectively, the “Renovations”"Renovated Space") in accordance with the Project and/or terms of this paragraph. Within thirty (30) days after Tenant furnishes Landlord with its approved space plan annotated with certain specifications for the Buildings, including without limitation, Renovations (the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations"Space Plan"), Landlord mayshall deliver to Tenant for Tenant's approval full and complete construction drawings consistent with the Space Plan. Within five (5) business days after receiving such construction drawings, among other thingsTenant shall notify Landlord either that Tenant approves such construction drawings or that Tenant disapproves such construction drawings and the reasons for such disapproval; provided, erect scaffolding or other necessary structures in however, that Tenant shall approve such construction drawings if they are consistent with the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the BuildingsSpace Plan. Landlord shall use commercially reasonable efforts make the necessary revisions to undertake and complete obtain Tenant's approval of the construction drawings. Should Tenant fail to respond to Landlord's request for approval of the construction drawings within five (5) business days, or should Tenant make any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access changes to the Premises. Notwithstanding construction drawings which are not consistent with the foregoingSpace Plan, then Tenant hereby agrees that shall bear the cost of redesign and any delay in completion of the Tenant Improvements as a result of such Renovations and changes or delays shall be of no consequence to Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from construct the Renovations in accordance with the construction drawings approved by Tenant, in a good and workmanlike manner with new materials or Landlord’s actions reusing existing materials so long as the finished product is of a first class quality. All work shall be in connection compliance with all applicable codes and regulations. Landlord shall complete the Renovations and deliver the Renovated Space for Tenant's occupancy no later than January 31, 1998, except that if Tenant does not furnish Landlord with the Space Plan on or before October 17, 1997, the aforesaid January 31, 1998 date shall be extended by one day for each day of such RenovationsTenant delay. If Landlord fails to complete the Renovations and deliver the Renovated Space by January 31, or for any inconvenience or annoyance occasioned 1998 (as extended by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liabilitynumber of days, if any, pursuant beyond October 17, 1997 that Tenant furnishes Landlord with the Space Plan), then, in addition to Applicable Law for personal injury and property damage any remedies available to Tenant at law or in equity, Tenant's obligation to pay Basic Rent with respect to the extent caused Renovated Space shall be abated until Landlord completes the Renovations and delivers the Renovated Space. Landlord acknowledges that if Landlord fails to complete the Renovations and deliver the Renovated Space in time for Tenant to relocate into the Renovated Space by February 28, 1998, Tenant will incur holdover penalties under its present lease and other related damages. The Renovations shall be deemed completed when Landlord has obtained and delivered to Tenant all necessary approvals and certificates as may be required for Tenant to lawfully occupy the gross negligence or willful misconduct of Renovated Space. Landlord, at its agentssole cost and expense, employees shall replace all materials, workmanship, fixtures or contractorsequipment which prove to be defective during a period of twelve (12) months after Landlord delivers the Renovated Space to Tenant.

Renovations. It is specifically understood Landlord plans to undertake a major renovation and agreed that Landlord has made no representation redevelopment of the Building, including the Common Areas, and the Project (including, without limitation, the Parking Facility and Roof Garden) and may, from time to time, undertake further improvements, alterations or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, modifications of all or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”). Landlord reserves the right, in its sole discretion, in connection with the Renovations and otherwise from time to time, to: (i) make changes to the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, the Building Systems and/or Building Structurethe Project, which Renovations may includeincluding, without limitation, changes in the location, size, shape and number of any improvements; (iii) modifying close temporarily any portion of the Project for redevelopment and/or repair and maintenance purposes so long as reasonable access to the Premises remains available; (iii) add additional buildings and improvements to the Project or remove existing buildings or improvements therefrom; (iv) use the Common Areas and tenant spaces to comply with Applicable Lawsand/or other areas of the Building or the Project while engaged in making additional improvements, including regulations relating repairs or alterations to the physically disabledBuilding or the Project or any portion thereof; (v) remove or close the pedestrian bridge connecting the Building and the Parking Facility; and (vi) do and perform any other acts, seismic conditionsalter or expand, or make any other changes in, to or with respect to the Common Areas and/or the Building or the 41 Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however, any such Renovations shall not materially interfere with Tenant’s use of, or access to, the Premises or the Parking Facility, except that (x) Tenant acknowledges that until the entire Premises is delivered to Tenant, there will be ongoing construction of Tenant Improvements for Tenant in portions of the Building not yet delivered to Tenant and there may be unscheduled work performed in the Building due to Tenant-initiated change orders; and (y) Tenant’s use of, and Project safety access to, the Parking Facility shall at all times be subject to Article 29 below. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and securityreplace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises or to other parts of the Building that are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building that are located within the Premises or located elsewhere in the Building so long as such actions do not materially interfere with the use, occupancy or operations of Tenant in the Premises. As used herein, it is understood that the term “Renovations” sometimes also includes the Tenant Improvements and Landlord’s Work for the Premises and Base Building Work. Notwithstanding anything in this Lease to the contrary, from and after the date that Tenant occupies the entire Premises, Landlord shall not undertake any Renovations to the Building, except for (x) work required to address emergency situation, and (iiy) installing new floor covering, lightingany actions taken to allow Landlord to perform its obligations under this Lease, and wall coverings in the Building Common Areas, and in connection with (z) any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the ProjectRenovations approved by Tenant, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing approval shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsbe unreasonably withheld.

Renovations. It is specifically understood Landlord plans to undertake a major renovation and agreed that Landlord has made no representation redevelopment of the Building, including the Common Areas, and the Project (including, without limitation, the Parking Facility and Roof Garden) and may, from time to time, undertake further improvements, alterations or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, modifications of all or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”). Landlord reserves the right, in its sole discretion, in connection with the Renovations and otherwise from time to time, to: (i) make changes to the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, the Building Systems and/or Building Structurethe Project, which Renovations may includeincluding, without limitation, changes in the location, size, shape and number of any improvements; (iii) modifying close temporarily any portion of the Project for redevelopment and/or repair and maintenance purposes so long as reasonable access to the Premises remains available; (iii) add additional buildings and improvements to the Project or remove existing buildings or improvements therefrom; (iv) use the Common Areas and tenant spaces to comply with Applicable Lawsand/or other areas of the Building or the Project while engaged in making additional improvements, including regulations relating repairs or alterations to the physically disabledBuilding or the Project or any portion thereof; (v) remove or close the pedestrian bridge connecting the Building and the Parking Facility; and (vi) do and perform any other acts, seismic conditionsalter or expand, or make any other changes in, to or with respect to the Common Areas and/or the Building or the Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however, any such Renovations shall not materially interfere with Tenant’s use of, or access to, the Premises or the Parking Facility, except that (x) Tenant acknowledges that until the entire Premises is delivered to Tenant, there will be ongoing construction of Tenant Improvements for Tenant in portions of the Building not yet delivered to Tenant and there may be unscheduled work performed in the Building due to Tenant-initiated change orders; and (y) Xxxxxx’s use of, and Project safety access to, the Parking Facility shall at all times be subject to Article 29 below. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and securityreplace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises or to other parts of the Building that are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building that are located within the Premises or located elsewhere in the Building so long as such actions do not materially interfere with the use, occupancy or operations of Tenant in the Premises. As used herein, it is understood that the term “Renovations” sometimes also includes the Tenant Improvements and Landlord’s Work for the Premises and Base Building Work. Notwithstanding anything in this Lease to the contrary, from and after the date that Tenant occupies the entire Premises, Landlord shall not undertake any Renovations to the Building, except for (x) work required to address emergency situation, and (iiy) installing new floor covering, lightingany actions taken to allow Landlord to perform its obligations under this Lease, and wall coverings in the Building Common Areas, and in connection with (z) any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the ProjectRenovations approved by Tenant, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing approval shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractorsbe unreasonably withheld.

Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant Xxxxxx hereby agrees that such Renovations and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with TenantXxxxxx’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.

Renovations. It is specifically understood Landlord, for Tenant's benefit and agreed that Landlord has made no representation or warranty at Tenant's request, agrees to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition make certain renovations of the Premises, Premises (the Buildings, or Project have been made "Renovations") which shall be constructed and completed according to the Renovations Schedule to be delivered by Tenant to Landlord no later than seven months before the expiration of the initial Term under which the cost of the Renovations shall not exceed One Hundred Thousand Dollars ($100,000.00). Landlord's obligation to Tenant except as specifically set forth herein or make the Renovations is expressly contingent upon Landlord obtaining financing in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction approximate amount of the Base Buildingtotal cost of the Renovations at terms reasonably satisfactory to Landlord no later than six months before the end of the Initial Term; provided, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use make his commercially reasonable efforts to undertake procure such financing at the lowest available interest rate. The parties hereby agree that Landlord will obtain and submit to Tenant one (1) bid for the cost of the Renovations and Tenant will obtain and submit to Landlord two (2) bids for the cost of the Renovations. Any bid shall only be from a qualified contractor with the experience and financial capability to complete any the Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations timely and Landlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rentsatisfactory manner. Landlord shall have no responsibility or for any reason be liable agrees to Tenant for any direct or indirect injury contract with the issuer of the lowest bid to or interference with Tenant’s business arising from complete the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of provided that such bid is based upon the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from specifications set forth in the Renovations Schedule. Construction or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such the Renovations or Landlord’s actions, provided that shall be prorated at the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct direction of Landlord, its agentsand the cost thereof paid by Landlord, employees Landlord will retain ownership of the improvements. Any default of Tenant after Landlord has incurred costs of Renovations but before the end of the Extended Term resulting in termination of the lease shall cause the remaining non-amortized cost to be immediately due and payable from the Tenant to Landlord. Notwithstanding anything to the contrary to this Amendment: (a) Tenant may, by written notification to Landlord, elect, at any time before Landlord's application for financing, undertake the cost and completion of the Renovations without the participation of Landlord: or contractors(b) if Landlord is not able to obtain financing as provided above, Tenant shall have the right, upon notification to Landlord no later than Ninety (90) days before the expiration or the Initial term, to terminate this lease as of the expiration of the Initial Term.

Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “"Renovations”") the Project and/or Building, the BuildingsPremises, or the Project, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structurebuilding Systems, which roof, and structural portions of the Building. Renovations may include, without limitation, (ia) modifying the Common Areas and tenant spaces to comply with Applicable applicable Laws, including including, without limitation, regulations relating to the physically disabled, seismic conditions, and Project building safety and security, ; and (iib) installing new floor coveringflooring, lighting, and wall coverings in the Building Common Areas, and in coverings. In connection with any such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Projectbuilding, limit or eliminate access to portions of the Building or Project, including including, without limitation, portions of the Common Areas, or perform work in the Project, which work Building that may create noise, dust or leave debris debris. This also includes the placement, whether temporary or permanent, of any type of remediation equipment needed to mitigate moisture issues, including, without limitation, dehumidifiers, fans, air scrubbers, etc. This equipment can be placed and/or removed at any time as Landlord deems necessary, and if equipment is in the Buildingsyour unit it is expected to be utilized as specified. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s Xxxxxxxx's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s Xxxxxx's business or occupancy arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for inconvenience, annoyance or loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements 's Property resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors.

Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises, the Buildings, or Project have been made by Landlord to Tenant except as specifically set forth herein or in the Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the “Renovations”) the Project Property and/or each Building. Notwithstanding the Buildingsforegoing, including without limitationexcept for improvements, alterations or modifications that are required by Legal Requirements or in order for Landlord to meet its obligations under this Lease regarding maintenance, repair and the Parking Facilitiesprovision of services, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying so long as Tenant leases 100% of the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovationsspace within either B100 or B200, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access shall not make any Renovations to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildingssuch Building. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises; provided, however, (i) Landlord shall perform any work within the Premises involving core drilling or excessive noise or excessive dust, After Business Hours to the extent allowable under Legal Requirements and (ii) Landlord shall at all times use commercially reasonable efforts to cause all Renovations to be done in such a manner as to cause as little interference to Tenant’s use of and access to the Premises as reasonably possible without incurring material additional expense. Notwithstanding the foregoing, Tenant hereby agrees that such any entry into the Premises by Landlord to perform Renovations and Landlord’s actions in connection with such or any noise or other disruption outside the Premises related to Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason and shall not be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actionsRenovations, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law applicable Legal Requirements for personal injury and property damage to the extent caused by the gross negligence negligence, or willful misconduct of Landlord, its agents, employees or contractors.

Renovations. It Except as expressly set forth in this Lease, it is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, ProjectBuilding, or any part thereof and that no representations respecting the condition of the Premises, Premises or the Buildings, or Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the “"Renovations”") the Project Project, the Building and/or the Buildings, Premises including without limitationlimitation the parking structure, common areas, systems and equipment, roof, and structural portions of the Parking Facilities, Common Areas, Building Systems and/or Building Structuresame, which Renovations may include, without limitation, (i) installing sprinklers in the Building common areas and tenant spaces, (ii) modifying the Common Areas common areas and tenant spaces to comply with Applicable LawsLegal Requirements, including regulations relating to the physically disabled, seismic conditions, and Project building safety and security, and (iiiii) installing new floor covering, lighting, and wall coverings in the Building Common Areascommon areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the ProjectBuilding, limit or eliminate access to portions of the Project, including portions of the Common Areascommon areas, or perform work in the ProjectBuilding, which work may create noise, dust or leave debris in the BuildingsBuilding. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Notwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord’s 's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor, subject to the provisions of Section 19.5.2 above, nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from the Renovations or Landlord’s 's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions; provided, however, that notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s actions, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury use of and property damage access to the extent caused by Premises in connection with the gross negligence or willful misconduct performance of Landlord, its agents, employees or contractorsany Renovations.