Common use of Tenant Construction Clause in Contracts

Tenant Construction. Within the first year of the Lease Term, Tenant agrees to remove the existing disc media fabrication improvements at the Premises and install new improvements (“Tenant Improvements”) consistent with Tenant’s use of the Premises as a data center. Tenant shall cause all improvements to the Premises not included in Landlord’s Work to be constructed at Tenant’s expense by a general contractor selected by Tenant (“General Contractor”) in accordance with construction plans and outline specifications prepared at Tenant’s expense by an architect selected by Tenant (“Tenant’s Architect”), to be attached to this Lease as Exhibit “B” (“Tenant Improvement Plans and Specifications”). The Tenant Improvements Plans and Specifications shall include any information required by the relevant agencies regarding Tenant’s use of Hazardous Materials, if applicable. Prior to commencing construction of the Tenant Improvements, Tenant shall: (i) obtain all required governmental approvals and permits; and (ii) provide Landlord seven (7) days’ prior notice so that Landlord may post a notice of nonresponsibility. Landlord acknowledges that the Tenant improvements will include typical improvements which support combined office and data-telecommunications center uses, which may consist of the following: (i) raised floors; (ii) floor-to-ceiling equipment racks; (iii) additional power panels, power converters, and related equipment and fixtures to provide within the Premises additional electric power to support telecommunication equipment; (iv) a UPS system, including back-up, diesel powered generators; (v) fiber conduit, cabling, and risers to support servers, routers, and other equipment; (vi) antenna in the antenna farm; (vii) specialized HVAC systems to support temperature requirements for data-telecommunications areas, including dry cooler units; and (viii) wall partitions to create separate office areas. As part of the Tenant Improvements, Tenant shall have the right, at its sole cost, to install a trench and conduit from the street to the carrier rooms to be located within the Premises, provided that plans and specifications and the contractor to be retained for such work are subject to Landlord’s reasonable approval. Any Tenant Improvement work shall be conducted at Tenant’s risk and in accordance with all Laws. Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from Tenant’s construction of the Tenant Improvements. All costs associated with Tenant Improvements shall be paid by Tenant. Immediately upon completion of the Tenant Improvements, Tenant agrees to provide Landlord a complete set of half-size (15” x 21”) vellum as-built drawings for the Tenant Improvements and a certificate of occupancy for the Premises. The Tenant Improvements shall be the property of Tenant until the expiration of the Lease Term or any earlier termination of the Lease, at which time the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the Premises, and title thereto shall automatically vest in Landlord without any payment therefor.

Tenant Construction. Within (a) Tenant has submitted a sketch plan to the first year Town for the approximately twenty- nine (29) approximately 350 square foot to 525 square foot residential Units and one approximately 350 square foot office Unit to be constructed on the Demised Premises as set forth on the Site Plan. The parties acknowledge and agree that the Site Plan may change pursuant to the entitlement process with the Town. If the Town has not approved a Major Site Plan acceptable to Tenant within twelve (12) months after the execution of this Ground Lease, then either party may terminate this Ground Lease. If the Lease TermTown approves the Major Site Plan, Tenant agrees to remove shall construct the existing disc media fabrication improvements at Units. The design for the Premises and install new improvements (“Tenant Improvements”) consistent Units shall be in accordance with Tenantthe Town’s use of the Premises as a data centerapproval. Tenant shall cause all improvements its general contractor to waive any mechanic lien rights as against Landlord’s interest in the Demised Premises not and indemnify Landlord for any mechanic liens that may be filed by its subcontractors or suppliers. Such waiver and indemnification shall be included in Landlord’s Work to be constructed at Tenant’s expense by a the contract between Tenant and its general contractor selected for the benefit of Landlord as a third-party beneficiary. Tenant shall be responsible for (1) obtaining any required licenses and permits issuable by Tenant (“General Contractor”) in accordance with construction plans and outline specifications prepared at Tenant’s expense by an architect selected by Tenant (“Tenant’s Architect”), to be attached to this Lease as Exhibit “B” (“Tenant Improvement Plans and Specifications”). The Tenant Improvements Plans and Specifications shall include any information required by applicable governmental authorities for the relevant agencies regarding Tenant’s use of Hazardous Materials, if applicable. Prior to commencing construction of the Tenant Improvements, Tenant shall: (i) obtain all required governmental approvals and permits; Units and (ii2) provide Landlord seven (7) days’ prior notice so that Landlord may post a notice of nonresponsibility. Landlord acknowledges that complying with all Laws concerning the Tenant improvements will include typical improvements which support combined office cleanliness, safety and data-telecommunications center uses, which may consist construction of the following: (i) raised floors; (ii) floor-to-ceiling equipment racks; (iii) additional power panels, power converters, and related equipment and fixtures to provide within the Premises additional electric power to support telecommunication equipment; (iv) a UPS systemDemised Premises, including back-up, diesel powered generators; but not limited to the Americans with Disabilities Act and all regulations thereunder as they may be amended from time to time. (vb) fiber conduit, cabling, and risers to support servers, routers, and other equipment; (vi) antenna in the antenna farm; (vii) specialized HVAC systems to support temperature requirements for data-telecommunications areas, including dry cooler units; and (viii) wall partitions to create separate office areas. As part of the improvements Tenant Improvementsmust make, Tenant shall construct a detention pond adjacent to and west of the Demised Premises in the place labeled on the Site Plan as “Western Detention Pond” for water drainage from the Demised Premises. Subject to the Snow Stack Easement, Tenant shall have the right, at its sole cost, to install a trench and conduit use of such Western Detention Pond for water drainage from the street Demised Premises. (c) When the Units are sufficiently completed for Tenant to file a Condominium Declaration, Tenant shall subject the Units to a condominium regime based upon this Ground Lease as a common element (the condominium project being a leasehold condominium project) and assign this Ground Lease to the carrier rooms Homeowner’s Association, subject to the rights of the owners of the Units. After such assignment, (i) Basecamp Residences LLC (which shall no longer be located within the Premises, provided that plans and specifications tenant hereunder) shall continue to own all the Units subject to this Ground Lease and the contractor to be retained for such work are subject to LandlordCondominium Declaration; (ii) the Homeowner’s reasonable approval. Any Tenant Improvement work Association shall be conducted at Tenantobligated to pay Base Rent and Additional Rent hereunder; and the Homeowner’s risk and in accordance with all Laws. Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from Tenant’s construction of the Tenant Improvements. All costs associated with Tenant Improvements shall be paid by Tenant. Immediately upon completion of the Tenant Improvements, Tenant agrees to provide Landlord a complete set of half-size (15” x 21”) vellum as-built drawings for the Tenant Improvements and a certificate of occupancy for the Premises. The Tenant Improvements Association shall be the property of Tenant until tenant hereunder subject to the expiration rights of the Unit Owners. (d) Upon assignment of this Ground Lease Term or to the Homeowner’s Association, Basecamp Residences LLC shall be released of any earlier termination further obligation under this Ground Lease except for payments due prior to the assignment of the Ground Lease, at which time the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the Premises, and title thereto shall automatically vest in Landlord without any payment therefor.