Common use of Temporary Facilities Clause in Contracts

Temporary Facilities. (a) If not already available in the Premises, Tenant shall provide temporary heat, air-conditioning and ventilation for the Premises during construction if Tenant desires the same. (b) Tenant shall make the necessary temporary electrical connections to an electrical disconnect (with sufficient capacity for 120/208 volt, 225 amp electrical service) installed on one of the two floors in the Premises by Landlord’s GC, at Landlord’s cost, prior to beginning its Tenant’s Work at the Premises so that it shall have electricity during its construction period. Tenant shall pay for the actual cost of said electricity as billed by the electrical company or by Landlord’s GC (as Landlord’s GC reasonably determines), as is applicable. (c) Landlord shall install potable 3⁄4” water service to each floor, valved and capped. Tenant shall pay for the actual cost of its water usage. (d) Tenant shall place all trash in trash containers at a pick-up area or areas designated by Landlord. Tenant shall be responsible for breaking down boxes. Tenant shall furnish its own trash containers at its cost unless Landlord elects to furnish the containers. Tenant shall provide trash removal service at Tenant’s own cost from the pick-up areas unless Landlord elects to provide the trash remover service. Tenant shall not permit trash to accumulate within the Premises or in the corridor or common areas adjacent to the Premises. Should Landlord elect to remove Tenant’s trash from the designated pick-up areas for any reason the actual charge to Tenant for Landlord’s provided services shall be reimbursed to Landlord. Tenant shall be solely responsible for removal from Premises and legal disposal of any containers considered as hazardous waste by the local sanitation authority and Tenant shall take all precautions to assure that such containers are not placed in Landlord’s disposal containers. (e) Landlord may utilize a recycle bin refuse program and, if made available to Tenant, Tenant shall take necessary precautions to prevent cross contamination of recycle containers. (f) Tenant shall take all necessary precautions to contain construction “wash-up” liquids (such as grout wash, paint wash, etc.) and prevent entry of such liquids into Landlord’s sanitary or storm waste system. All construction wash-up shall be conducted at a location designated by Landlord. (g) Tenant’s build-out will be concurrent with the construction of the Building Shell and Core. Tenant shall schedule usage of the operated material hoist or service elevator for conveyance of Tenant’s materials. Hours of usage shall be determined by Landlord’s GC who shall ensure that Tenant is provided sufficient access to enable construction to proceed on schedule. Landlord shall direct Landlord’s GC to provide service or material elevator hoisting during normal working hours (which shall be not less than 10 hours per day or such lesser period of time as is allowed under any governmental restrictions imposed on work hours) during weekdays only. Tenant shall coordinate all hoisting through Landlord’s designated representative for such purpose. The actual cost of such usage shall be payable to Landlord. Tenant shall make prior written request to Landlord’s designated representative for any overtime scheduling for freight hoisting. Provided Landlord determines, at its sole discretion, that same is available, Tenant shall pay for all operator overtime incurred during such special hoisting period(s) in addition to the charge as set forth above.

Temporary Facilities. (a) a. If not already available in the Premises, Tenant Lessee shall provide temporary heat, air-conditioning and ventilation for the Premises during construction if Tenant Lessee desires the same. (b) Tenant b. Lessee shall make the necessary temporary electrical connections to an electrical disconnect (with sufficient capacity for 120/208 volt, 225 amp electrical service) installed on one of the two floors in the Premises at its sole cost at a source designated by Landlord’s GC, at Landlord’s cost, Lessor prior to beginning its Tenant’s Work at the Premises so that it shall have electricity during its construction period. Tenant . c. If Lessee requires water service during construction and Lessor is able to provide it, Lessor shall pay for the actual cost of said electricity do so at a designated location and ▇▇▇▇ Lessee as billed by the electrical company or by Landlord’s GC (as Landlord’s GC Lessor reasonably determines), as is applicable. (c) Landlord shall install potable 3⁄4” water service to each floor, valved and capped. Tenant shall pay for the actual cost of its water usage. (d) Tenant d. Lessee shall place all trash in trash containers at a pick-up area or areas designated by LandlordLessor. Tenant Lessee shall be responsible for breaking down boxes. Tenant Lessee shall furnish its own trash containers at its cost unless Landlord Lessor elects to furnish the containers. Tenant Lessee shall provide trash removal service at Tenant’s Lessee's own cost from the pick-up areas unless Landlord Lessor elects to provide the trash remover removal service. Tenant Lessee shall not permit trash to accumulate within the Premises or in the corridor or common areas Common Areas adjacent to the Premises. Should Landlord elect to remove Tenant’s trash from the designated pick-up areas for any reason the actual charge to Tenant for Landlord’s provided services shall be reimbursed to Landlord. Tenant Lessee shall be solely responsible for removal from the Premises and legal disposal of any containers considered as hazardous waste by the local sanitation authority and Tenant Lessee shall take all precautions to assure that such containers are not placed in Landlord’s Lessor's disposal containers. (e) Landlord . Lessor may utilize a recycle bin refuse program and, if made available to TenantLessee, Tenant Lessee shall take necessary precautions to sort reuse and to prevent cross contamination of recycle containers. (f) Tenant e. Lessee shall take all necessary precautions to contain construction “"wash-up” " liquids (such as grout wash, paint wash, etc.) and prevent entry of such liquids into Landlord’s Lessor's sanitary or storm waste system, and Lessee shall not allow any release of any material directly or indirectly into ▇▇▇▇▇▇▇ Bay. All construction wash-up shall be conducted at a location designated by LandlordLessor. (g) Tenant’s build-out will be concurrent with the construction of the Building Shell and Core. Tenant shall schedule usage of the operated material hoist or service elevator for conveyance of Tenant’s materials. Hours of usage shall be determined by Landlord’s GC who shall ensure that Tenant is provided sufficient access to enable construction to proceed on schedule. Landlord shall direct Landlord’s GC to provide service or material elevator hoisting during normal working hours (which shall be not less than 10 hours per day or such lesser period of time as is allowed under any governmental restrictions imposed on work hours) during weekdays only. Tenant shall coordinate all hoisting through Landlord’s designated representative for such purpose. The actual cost of such usage shall be payable to Landlord. Tenant shall make prior written request to Landlord’s designated representative for any overtime scheduling for freight hoisting. Provided Landlord determines, at its sole discretion, that same is available, Tenant shall pay for all operator overtime incurred during such special hoisting period(s) in addition to the charge as set forth above.

Temporary Facilities. (a) If not already available in the Premises, Tenant Landlord shall provide at its cost temporary heat, air-conditioning and ventilation for the Premises during construction if of the Tenant desires the sameImprovements. (b) Tenant shall make the necessary temporary electrical connections to an electrical disconnect (with sufficient capacity for 120/208 volt, 225 amp electrical service) installed on one of the two floors in the Premises at a source designated by Landlord’s GC, at Landlord’s cost, Landlord prior to beginning its Tenant’s Work Tenant Improvements at the Premises so that it shall have electricity during its construction period. The costs of such electricity shall not be charged to Tenant shall pay for unless and only to --- the actual cost extent Tenant's usage exceeds $0.04 per square foot of said electricity as billed by the electrical company or by Landlord’s GC (as Landlord’s GC reasonably determines), as is applicablePremises per month during construction of the Tenant Improvements. (c) If Tenant requires water service during construction and Landlord is able to provide it, Landlord shall install potable 3⁄4” water service do so at a designated location at or near the job site at no cost to each floor, valved and capped. Tenant shall pay for the actual cost of its water usageTenant. (d) Tenant shall place all trash in trash containers at a pick-up area or areas designated by Landlord. Tenant shall be responsible for breaking down boxes. Tenant shall furnish its own trash containers at its cost unless Landlord elects to furnish the containers. Tenant shall provide trash removal service at Tenant’s 's own cost from the pick-up areas unless Landlord elects to provide the trash remover removal service. Tenant shall not permit trash to accumulate within the Premises or in the corridor or common areas adjacent to the Premises. Should Landlord elect to remove Tenant’s 's trash from the designated pick-up areas for any reason the actual charge to Tenant for Landlord’s 's provided services shall be reimbursed to Landlord. Tenant shall be solely responsible for removal from Premises and legal disposal of any containers considered as hazardous waste by the local sanitation authority and Tenant shall take all precautions to assure that such containers are not placed in Landlord’s 's disposal containers. (e) Landlord may utilize a recycle bin refuse program and, if made available to Tenant, Tenant shall take necessary precautions to sort refuse and to prevent cross contamination of recycle containers. (f) Landlord shall provide temporary sanitary facilities at the job site for Tenant's use and charge Tenant a reasonable amount for such service. (g) Tenant shall take all necessary precautions to contain construction “"wash-up” " liquids (such as grout wash, paint wash, etc.) and prevent entry of such liquids into Landlord’s 's sanitary or storm waste system. All construction wash-up shall be conducted at a location designated by LandlordLandlord at the job site. (gh) Tenant’s build-out will be In the event the Tenant Improvements are being performed concurrent with the construction of the Building Shell shell and Core. core or other tenant spaces, Tenant shall schedule usage of the operated material hoist freight or service other Building elevator for conveyance of Tenant’s materials. Hours of usage shall be determined by 's materials with Landlord’s GC who shall ensure that Tenant is provided sufficient access to enable construction to proceed on schedule's general contractor. Landlord shall direct cause Landlord’s GC 's General Contractor to provide service or material make the freight elevator hoisting available to Tenant and Tenant's contractor on a regular, equitable basis during normal working hours (which shall Normal Business Hours. If performance of the Tenant Improvements occurs before completion of the initial construction of the Building, use of the freight elevator will be not less than 10 hours per day or such lesser period of time as is allowed under any governmental restrictions imposed provided by Landlord on work hours) a regular basis during weekdays onlyNormal Business Hours. Tenant shall coordinate all hoisting use of the freight or other Building elevator through Landlord’s 's designated representative for such purpose. The actual cost of such usage Except as hereinafter provided for overtime usage, no charges shall be payable to LandlordLandlord for such usage. Tenant shall make prior written request to Landlord’s 's designated representative for any overtime scheduling for use of the freight hoistingor other Building elevator. Provided Landlord determines, at its sole discretion, that same is available, and unless Tenant is using Landlord's general contractor, Tenant shall pay for all operator overtime incurred during such special hoisting period(s) in addition ). If Tenant requests overtime scheduling for use of the freight or other Building elevator because either Landlord or Landlord's General Contractor has failed to make the charge as set forth abovefreight elevator available on a regular, equitable basis during Normal Business Hours, Tenant shall not be obligated to pay for the costs of such usage, which shall be borne by Landlord.

Temporary Facilities. The cost of any work performed by Landlord on behalf of Tenant under this Exhibit, including any temporary facilities provided, shall become due and payable in full within ten (a10) days after Tenant has been invoiced for same by Landlord. (1) If not already available in the Premises, Tenant shall provide temporary heat, air-conditioning conditioning, humidity control and ventilation for the Premises during construction if Tenant desires the same. (b2) Tenant shall make the necessary temporary electrical connections to an electrical disconnect (with sufficient capacity for 120/208 volt, 225 amp electrical service) installed on one of the two floors in the Premises at a source designated by Landlord’s GC, at Landlord’s cost, Landlord prior to beginning its Tenant’s Work at the Premises so that it shall have electricity during its construction period. Tenant shall pay for the actual cost of said electricity as billed by the electrical company or by Landlord’s GC Landlord (as Landlord’s GC Landlord reasonably determines), as is applicable. The charge to Tenant for Landlord's provided service will be eight hundred dollars ($500.00) per month for each month or a portion of a month. (c3) If Tenant requires water service during construction Exhibit B-39 40 and Landlord is able to provide it, Landlord shall install potable 3⁄4” water service to each floor, valved do so at a designated location and capped. Tenant shall pay for the actual cost of its water usagebill ▇▇▇ant as Landlord reasonably determines. (d4) Tenant shall place all trash in trash containers at a pick-up area or areas designated by Landlord. Tenant shall be responsible for breaking down boxesboxes as may be required. At Landlord's option, Tenant shall contract with Landlord's contractor to furnish its own trash containers at its Tenant's cost unless Landlord elects to furnish or share a portion of the containers. Tenant Landlord's Shell & Core dumpster facilities at Tenant's cost or shall provide trash removal service at Tenant’s 's own cost from the pick-up areas unless Landlord elects to provide the trash remover service. Tenant shall not permit trash to accumulate within the Premises or in the corridor or common areas adjacent to the Premises. Should Landlord elect to remove Tenant’s trash from the designated pick-up areas for any reason the actual charge to Tenant for Landlord’s provided services shall be reimbursed to Landlord. dumpsters. (5) Tenant shall be solely responsible for removal from Premises and legal disposal of any containers or material as part of Tenant's Work considered as hazardous waste by the local sanitation authority authority, and Tenant shall take all precautions to assure that such containers are not placed in Landlord’s 's disposal containers. (e6) Landlord may utilize a recycle bin refuse program and, if made available to Tenant, Tenant shall take necessary precautions to sort refuse and to prevent cross contamination of recycle containers. (f7) Tenant shall not permit trash to accumulate within the Premises or in areas adjacent to the Premises, within Landlord's building, or adjacent to Landlord's building. Should Landlord remove Tenant's trash from these areas after providing twenty-four (24) hours advance notice to Tenant's contractor, this work shall be performed at Tenant's expense. (8) Tenant shall provide temporary sanitary facilities for Tenant's use at Tenant's expense. (9) Tenant shall take all necessary precautions to contain construction “"wash-up” " liquids (such as grout wash, paint wash, etc.) and prevent entry of such liquids into Landlord’s 's sanitary or storm waste system. Tenant's contractor shall prepare a construction "wash-up" program for approval by Landlord. All construction wash-up shall be conducted at a location designated by Landlord. (g10) In the event any of Tenant’s build-out will be concurrent with the construction of the Building Shell and Core. 's direct hired utilize Landlord provided conveyance systems, Tenant shall schedule usage of the operated material hoist or service elevator elevators for conveyance of Tenant’s materials's materials and pay for the cost thereof as determined by Landlord or Landlord's contractor. Hours of usage shall be determined by solely at the discretion of Landlord’s GC who shall ensure that Tenant is provided sufficient access to enable construction to proceed on schedule. Landlord shall direct Landlord’s GC to provide service or material elevator hoisting during normal working hours (which 's General Contractor, and all scheduling shall be not less than 10 hours per day or such lesser period of time as is allowed under any governmental restrictions imposed on work hours) during weekdays onlyconducted directly with Landlord's General Contractor. Tenant shall coordinate all hoisting through Landlord’s 's designated representative for such purpose. The actual cost of such usage shall be payable to Landlord. . (11) Tenant shall make prior written request to Landlord’s 's designated representative for any overtime scheduling for freight hoisting. Provided Landlord determines, at its sole discretion, that same is available, Tenant shall pay for all operator overtime incurred during such special hoisting period(s) in addition to the charge determined as set forth above. (12) Tenant shall not perform any Work at the Premises without temporary construction barricades to isolate the Premises from adjacent Premises without protecting common areas. The barricade shall be constructed in such a manner so as not to interfere with Landlord's construction and shall be installed in accordance with Landlord's requirements. No signs shall be allowed on any barricades or areas exposed to view outside the building Premises except those, if any, provided by Landlord. Landlord shall have the right to remove any nonpermitted signs without liability or prior notice. (13) Upon completion of Tenant's initial Work, Tenant shall notify the Landlord's Tenant Coordinator. Upon said notification, Landlord's designated representative shall inspect the Premises and, if the Premises are constructed in accordance with the approved Drawings, said representative shall issue a Letter of

Temporary Facilities. The cost of any work performed by Landlord on behalf of Tenant under this Exhibit, including any temporary facilities provided, shall become due and payable in full within ten (a10) days after Tenant has been invoiced for same by Landlord. (1) If not already available in the Premises, Tenant shall provide temporary heat, air-conditioning conditioning, humidity control and ventilation for the Premises during construction if Tenant desires the same. (b2) Tenant shall make the necessary temporary electrical connections to an electrical disconnect (with sufficient capacity for 120/208 volt, 225 amp electrical service) installed on one of the two floors in the Premises at a source designated by Landlord’s GC, at Landlord’s cost, Landlord prior to beginning its Tenant’s Work at the Premises so that it shall have electricity during its construction period. Tenant shall pay for the actual cost of said electricity as billed by the electrical company or by Landlord’s GC Landlord (as Landlord’s GC Landlord reasonably determines), as is applicable. (c3) If Tenant requires water service during construction and Landlord is able to provide it, Landlord shall install potable 3⁄4” water service to each floor, valved do so at a designated location and capped. b▇▇▇ Tenant shall pay for the actual cost of its water usageas Landlord reasonably determines. (d4) Tenant shall place all trash in trash containers at a pick-up area or areas designated by Landlord. Tenant shall be responsible for breaking down boxesboxes as may be required. At Landlord’s option, Tenant shall contract with Landlord’s contractor to furnish its own trash containers at its Tenant’s cost unless Landlord elects to furnish or share a portion of the containers. Tenant shall provide trash removal service Landlord’s dumpster facilities at Tenant’s own cost from the pick-up areas unless Landlord elects to or shall provide the trash remover service. Tenant shall not permit trash to accumulate within the Premises or in the corridor or common areas adjacent to the Premises. Should Landlord elect to remove Tenant’s trash from the designated pick-up areas for any reason the actual charge to Tenant for Landlord’s provided services shall be reimbursed to Landlord. own dumpsters. (5) Tenant shall be solely responsible for removal from Premises and legal disposal of any containers or material as part of Tenant’s Work considered as hazardous waste by the local sanitation authority authority, and Tenant shall take all precautions to assure that such containers are not placed in Landlord’s disposal containers. (e6) Landlord may utilize a recycle bin refuse program and, if made available to Tenant, Tenant shall take necessary precautions to sort refuse and to prevent cross contamination of recycle containers. (f7) Tenant shall not permit trash to accumulate within the Premises or in areas adjacent to the Premises, within Landlord’s building, or adjacent to Landlord’s building. Should Landlord remove Tenant’s trash from these areas after providing twenty-four (24) hours advance notice to Tenant’s contractor, this work shall be performed at Tenant’s expense. (8) Tenant shall provide temporary sanitary facilities for Tenant’s use at Tenant’s expense. (9) Tenant shall take all necessary precautions to contain construction “wash-up” liquids (such as grout wash, paint wash, etc.) and prevent entry of such liquids into Landlord’s sanitary or storm waste system. Tenant’s contractor shall prepare a construction “wash-up” program for approval by Landlord. All construction wash-up shall be conducted at a location designated by Landlord. (g10) In the event any of Tenant’s build-out will be concurrent with the construction of the Building Shell and Core. direct hired utilize Landlord provided conveyance systems, Tenant shall schedule usage of the operated material hoist or service elevator elevators for conveyance of Tenant’s materialsmaterials and pay for the cost thereof as determined by Landlord or Landlord’s contractor. Hours of usage shall be determined by Landlord’s GC who shall ensure that Tenant is provided sufficient access to enable construction to proceed on schedule. solely at the discretion of Landlord shall direct Landlord’s GC to provide service or material elevator hoisting during normal working hours (which and all scheduling shall be not less than 10 hours per day or such lesser period of time as is allowed under any governmental restrictions imposed on work hours) during weekdays onlyconducted directly with Landlord. Tenant shall coordinate all hoisting through Landlord’s designated representative for such purpose. The actual cost of such usage shall be payable to Landlord. . (11) Tenant shall make prior written request to Landlord’s designated representative for any overtime scheduling for freight hoisting. Provided Landlord determines, at its sole discretion, that same is available, Tenant shall pay for all operator overtime incurred during such special hoisting period(s) in addition to the charge determined as set forth above. (12) Tenant shall not perform any Work at the Premises without temporary construction barricades to isolate the Premises from adjacent Premises without protecting common areas. The barricade shall be constructed in such a manner so as not to interfere with Landlord’s construction and shall be installed in accordance with Landlord’s requirements. No signs shall be allowed on any barricades or areas exposed to view outside the building Premises except those, if any, provided by Landlord. Landlord shall have the right to remove any nonpermitted signs without liability or prior notice. (13) Upon completion of Tenant’s initial Work, Tenant shall notify the Landlord’s Tenant Coordinator. Upon said notification, Landlord’s designated representative shall inspect the Premises and, if the Premises are constructed in accordance with the approved Drawings, said representative shall issue a Letter of Acceptance for the Premises. If Landlord believes the Premises have not been constructed in accordance with the approved Drawing, Landlord shall so notify Tenant or Tenant’s Contractor. Tenant shall not occupy the space prior to Landlord’s issuance of a Letter of Acceptance. Tenant shall furnish Landlord a copy of a Certificate of Occupancy for the Premises before Tenant opens for business. (14) All Work performed by Tenant during its construction period, or otherwise during the Term, shall be performed so as to cause the least possible interference with other tenants, Landlord’s Shell & Core contractor, and the operation of the building or adjacent buildings, and Landlord shall have the right to impose reasonable requirements with respect to timing and performance of the Work in order to minimize such interference. When adjacent Tenant’s Premises have opened for business, work causing noise, odor or vibration outside the Premises shall be performed only during hours the adjacent tenants at the Building are not open. Tenant shall take all precautionary steps to protect its facilities and the facilities of others affected by the Work (including Landlord’s finishes in Common Areas) and shall police same properly. Construction equipment and materials are to be located in confined areas, and truck traffic is to be routed to and from the site as directed by Landlord so as not to burden the construction or operation of the building or surrounding areas. All Work shall be confined to the Premises. Tenant’s direct hire Contractors (if any) shall coordinate with Landlord’s on-site representative for the delivery and removal of its equipment and materials. Landlord shall have the right to order Tenant, Tenant’s General Contractor, or any of Tenant’s subcontractor(s) who willfully violate the above requirements to cease work and to remove its/their equipment and employees from the building immediately. (15) Tenant and/or Tenant’s contractor shall take precautions to protect adjacent tenants and tenants on common air distribution systems from airborne dust, dirt and contaminants, VOC’s (volatile organic compounds such as paint thinner or varnish vapors) including, if necessary, isolating or otherwise protecting Landlord’s central air distribution and return air systems (including return air plenum) from entry of these potential contaminants. (16) It is understood and agreed that Tenant’s contractor(s) shall perform said Work in a manner and at times that do not impede or delay Landlord’s Construction Manager/General Contractor in the completion of the Premises as provided in the Lease, and that Tenant and its contractor(s) shall not in the performance of Tenant’s Work do anything that tends to jeopardize the labor relations of others in the Building. Any delays in the completion of the Premises or the commencement of the Lease term and any damage to any work caused by Tenant’s contractor shall be at the cost and expense of Tenant.