Common use of Tenant's Improvements Clause in Contracts

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.

Tenant's Improvements. Except Prior to the extent that Landlord is responsible for making improvements to commencement of the Leased Premises pursuant to Section 34 of this LeaseTerm, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense, (a) promptly initiate and diligently pursue the design of all improvements and other work to be performed by it pursuant to Schedule B on a schedule which in Landlord's reasonable judgment will permit Tenant to complete such improvements not later than ten (10) days prior to the Grand Opening Date with respect to the exterior of the Premises and not later than seven (7) days prior to the Grand Opening Date with respect to the interior of the Premises, and (b) promptly commence and diligently pursue the construction and completion of the Premises. HoweverTenant will be permitted by Landlord to enter the Premises in accordance with Schedule B for the purpose of performing its obligations under Schedule B and for the purpose of installing its fixtures and other equipment, provided (a) Tenant shall have obtained Landlord's approval of the plans and specifications for such work, (b) Tenant shall have obtained a valid building permit for construction of its improvements, (c) Tenant shall have deposited with Landlord the policies or certificates of insurance required in Sections 13.3. and 13.4., and (d) Landlord shall have received full payment from Tenant for the Opening Contribution and for those items set forth in Section D of Schedule B. Tenant's activities shall be conducted so as not to unreasonably interfere with Landlord's construction activities. Tenant shall maintain the Premises in a clean and orderly condition during construction and merchandising. All trash which may accumulate in connection with Tenant's construction activities shall be deposited daily in dumpsters, provided by or for Landlord in the Shopping Center Area as more particularly described in Sections C and D of Schedule B. All trash which may accumulate in connection with Tenant's merchandising activities shall be contained within the Premises and deposited daily outside the storefront of the Premises. Landlord will remove such trash as more particularly described in Sections C and D of Schedule B. During such construction and merchandising period, Tenant shall not make perform all duties and obligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification, saving and excepting only the obligation to pay Rental (other than any alterations, decorations, installations, additions or improvements Additional Rental due Landlord by reason of Tenant's failure to the Leased Premises (excluding cosmetic changes, the estimated cost perform any of shall be less than $2,000its obligations hereunder), including but not limited to, which obligation shall commence when the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseTerm commences.

Tenant's Improvements. Except As to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Leaseany Improvements (as hereinafter defined), Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant Tenant’s contractors shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved abide by Landlord, such approval not ’s “Contractor Rules and Regulations” attached hereto as EXHIBIT E and any modifications therein by Landlord. Landlord agrees to be unreasonably withheld, conditioned or delayedprovide Tenant an improvement allowance in the amount of One Hundred One Thousand Three Hundred Fifty-Five and No/100 Dollars ($101,355.00) (the “Allowance”). All such work, alterations, decorations, installations, additions or improvements Landlord shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either make disbursements of the parties hereto Allowance directly to Tenant’s Contractors upon presentation of invoices for completed work. Landlord shall have the Leased Premises, except movable office furniture and moveable office equipment put in at right to require mechanics lien waivers from Tenant’s Contractors prior to distribution of the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injuryAllowance. Notwithstanding the foregoing, Tenant shall on termination not make or permit anyone to make any alterations, decorations, additions, or improvements (hereinafter referred to collectively as “Improvements”), structural or otherwise, in or to the Premises or the Building without the prior written consent of this Lease at Landlord, which consent may not be unreasonably withheld, conditioned, or delayed. When granting its cost consent, Landlord may impose reasonable conditions, including without limitation, the approval of plans and expense remove specifications, approval of the modular Tempest enclosurecontractor or other persons to perform the work, and the obtaining of a performance bond in an amount specified by Landlord will and specified insurance. All Improvements permitted by Landlord must conform to all rules and regulations established from time to time by the Board of Fire Underwriters having jurisdiction or any similar body exercising similar functions, and to all laws, regulations, and requirements of the Federal and/or District of Columbia governments. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of mechanic’s and materialmen’s liens against the Building and the Land upon which it is situated from all work, labor, and services to be performed and materials to be furnished in connection with its approval of Improvements to the Premises. If, notwithstanding the foregoing, any alterations notify Tenant as mechanic’s or materialmen’s lien is filed against the Premises, Tenant’s interest therein, the Building, and/or the Land upon which it is situated for work claimed to whether have been done for, or not Tenant will be required materials claimed to remove such alterations from have been furnished to, the Premises on termination of this Lease. Said items that are or to Tenant, such lien shall be removed from the Premises discharged by Tenant shall be removed within five (5) days after notice, at Tenant's ’s sole cost and expense, by the payment thereof or by the filing of a bond. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its sole option, discharge such lien and all damage treat the cost thereof (including attorneys’ fees incurred in connection therewith) as additional rent payable with the next fixed monthly rent payment falling due. It is expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is further understood and agreed that any alterations, decorations, additions, or Improvements to the Building and Premises caused Premises, other than those made by the installation and removal of said items Landlord directly, shall be repairedconducted on behalf of Tenant and not on behalf of Landlord, replaced and/or restored and that Tenant shall not be deemed to be the agent of Landlord. It is further understood and agreed that in the event Landlord shall give its written consent to the making of any Improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, any leasehold or other interest of Tenant at Tenant's sole cost and expensein the Premises, the Building or the Land upon which it is situated to any mechanic’s or materialmen’s liens which may be filed in connection therewith.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 Promptly upon execution of this Lease, Landlord and Tenant agrees that it will make such improvements to shall jointly develop a mutually acceptable space plan and finishing schedule for the Leased Premises as it may deem necessary at its sole that is consistent throughout the Leased Premises, is consistent with Building Standards, and meets Tenant's requirements (the "Space Design"). The Space Design shall be provided by the Landlord's Architect and the cost shall be included in the Tenant Improvement Allowance. Upon completion of the Space Design, an architectural firm shall be selected by Landlord ("Landlord's Architect") from those listed on Exhibit C, attached hereto and expenseincorporated herein, to prepare the complete construction documents (the "Tenant Improvement Plans"). However, The Tenant Improvement Plans shall not make any alterations, decorations, installations, additions or fully describe all leasehold improvements to required in connection with the build out of the Leased Premises (excluding cosmetic changesthe "Tenant's Improvements") and shall include all required construction drawings, construction documents and specifications, finishing schedules, structural designs and plans, mechanical designs and plans, electrical designs and plans, plumbing designs and plans, and any other documents or items necessary in connection with obtaining bids for the Tenant Improvement Plans and in connection with obtaining building permits for the Tenant Improvement Plans and occupancy certificates or use permits for the Leased Premises, with the exception of any details, specifications, and/or designs of trade specific equipment that Landlord's Architect can not reasonably include in the Tenant Improvement Plans. Landlord shall contract with Landlord's Architect in connection with the preparation and submission of the Tenant Improvement Plans. Upon completion thereof and the approval of Tenant, the estimated cost of Space Design and the Tenant Improvement Plans shall be less than $2,000attached hereto as Exhibit D-1 and D-2, each hereby being incorporated herein. All Tenant Improvements shall be strictly in accordance with all Landlord's specifications for interior building finishes, (the Building Interior Finish Specifications), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentattached hereto as Exhibit E, and then only by contractors or mechanics employed or incorporated herein, unless otherwise approved by Landlord, such approval not to be unreasonably withheldwithheld provided the change does not alter the character or quality of the Building. Landlord shall have the right, conditioned or delayed. All such workbut not the obligation, alterations, decorations, installations, additions or improvements to contract with the Project General Contractor and any other party as required in connection with the construction of the Tenant's Improvements and all costs thereof (not to exceed the amount of the Tenant Improvement Allowance) shall be done at Tenant's sole expense paid by Landlord and at such times charged to (and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be considered a part of) the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseImprovement Allowance.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this LeaseTenant shall, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense, perform the Initial Improvements described in and in accordance with the RFP Response and that certain Agreement by and between Landlord and Tenant dated (the “Agreement”), a description of such Initial Improvements is attached hereto as Exhibit B, including achieving completion of certain milestones related to the Initial Improvements in accordance with the schedule attached hereto as Exhibit C, as the same may be amended by a mutual agreement of the parties (the “Development Milestones”). HoweverSubject to delays due to Force Majeure (as such term is defined herein), Tenant shall not make any alterationscommence construction of the Initial Improvements on or before [ ], decorations, installations, additions or and diligently and continuously prosecute such improvements to Final Completion, which shall in no event occur later than [ ] (the Leased Premises (excluding cosmetic changes, “Outside Completion Date”). For the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination purposes of this Lease. Said items that are , construction of the Initial Improvements shall be deemed to be removed from have “commenced” upon the commencement of actual physical work (including, without limitation, building demolition or site work) on the Premises by or any portion thereof pursuant to a demolition permit or a building permit for the construction of the Initial Improvements. Tenant shall use diligent and continuous efforts in good faith to obtain all Required Permits (as such term is defined herein) for the construction of all of Tenant’s Initial Improvements in accordance with the Design Plans (as such term is defined herein). For the purposes of this Lease, “Final Completion” of all Tenant’s Initial Improvements will be removed at Tenant's sole cost and expensedeemed to have occurred upon the date of final completion, as determined by Landlord in its reasonable discretion, of the Initial Improvements in accordance with the Design Plans, and all damage shall require the issuance of a Certificate of Occupancy for the improvements. If Tenant shall fail to commence the construction of the Initial Improvements as required herein, Landlord may at its election terminate this Lease by notice to Tenant, which termination shall be effective not earlier than thirty (30) days after such notice is given to Tenant (the “Cure Period”), unless Xxxxxx has commenced construction prior to the Building and Premises caused expiration of the Cure Period, provided Landlord has delivered such notice of termination to Tenant not later than thirty (30) days following the date by the installation and removal of said items shall be repaired, replaced and/or restored by which Tenant at Tenant's sole cost and expenseis required to commence such construction.

Tenant's Improvements. Except to Aside from those improvements governed by the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverWork Letter, Tenant shall not make any alterations, decorations, installations, alterations or additions or improvements to the Leased Premises (excluding cosmetic changeswithout first having obtained Landlord's express written consent thereto, the estimated cost of shall which consent may be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, applianceswithheld by Landlord in its sole and absolute discretion with respect to structural alterations and structural additions, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)alterations or additions which might adversely affect the Building Systems, without but Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval consent shall not to be unreasonably withheldwithheld with respect to additions in the nature of decorations. Without limitation, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements Landlord shall not be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its deemed unreasonable for withholding approval of any alterations notify Tenant as or additions which would require unusual expense to whether or not Tenant will be required to remove such alterations from readapt the Premises on to normal office use upon termination of this Lease. Said items At Landlord's election made at the time of plan approval, as a condition to the granting of its consent to any alterations or additions, Landlord may require that are Tenant remove at the expiration or earlier termination of this Lease any or all such alterations which would require unusual expense to be removed from readapt the Premises by Tenant shall be removed for normal office use upon the termination of this Lease, at Tenant's sole cost and expense, expense and all damage restore the Premises to the Building their condition existing prior to such alterations or additions. All such allowed alterations and Premises caused by the installation and removal of said items additions shall be repairedperformed in such a manner as to maintain harmonious labor relations, replaced and/or restored in a good and workxxx-xxxe manner by Tenant contractors reasonably approved by Landlord, at Tenant's sole cost and expenseexpense and except for work done by or through Landlord, Tenant before its work is started shall secure all licenses and permits necessary therefor (with copies of such licenses and permits delivered to Landlord), including a Certificate of Occupancy after completion; deliver to Landlord a good-faith estimate of the cost of all labor and material to be furnished by the approved contractors; and cause each contractor, including Tenant if Tenant intends to perform its own work, to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00, and property damage insurance with limits of not less than $2,000,000.00 during the performance of Tenant's work, copies of any such insurance policies will be provided to Landlord and any mortgagee of Landlord, naming Landlord and any mortgagees of Landlord as additional insureds under such coverage (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord and Tenant as well as the contractors); however, such requirements shall not effect Tenant's insurance obligations hereunder. All work of Tenant's contractors shall be in accordance with and shall comply with any and all applicable federal, state, regional, county, municipal and other laws and regulations, including without limitation, the ADA. Tenant covenants that its contractor will pay for all labor and materials utilized in the performance of this work, will keep the Building free of liens, and, prior to the commencement of any work, to the extent allowable by law, shall deliver to Landlord, in recordable form, executed lien waivers from all such contractors, subcontractors, and materialmen. All work done by Tenant, its agents, employees or independent contractors shall be done in compliance with all Legal Requirements and Insurance Requirements, and shall be consistent with the quality, character and aesthetics of the Building. Landlord may inspect such work at any time or times. In the event Tenant wishes to commence its work in the Premises prior to the completion of Landlord's work under the Work Letter, Tenant hereby acknowledges and agrees that it shall: (i) deliver evidence of the required insurance to Landlord; (ii) deliver the name of its pre-approved general contractor to Landlord; (iii) not interfere with Landlord's work in the Premises; (iv) report and at all times be subordinate to Landlord's general contractor while on the Premises; and (v) indemnify and hold Landlord harmless for any and all delays, loss, cost or damage caused directly or indirectly by Tenant's commencing such work in the Premises.

Tenant's Improvements. Except A. Construction of the Tenant Improvements. Tenant shall, at --------------------------------------- least 45 days prior to the extent date Tenant expects to begin construction, provide to Landlord, for Landlord's written approval, which shall not be unreasonably withheld or delayed, plans and specifications or detailed schematics, as may be necessary to commence and complete any portion of the Tenant Improvements to be made to the exterior of the Premises Building and showing the proposed Tenant Improvements to the interior of the Premises Building such plans and specifications or schematics to be sufficiently detailed so that Landlord is responsible for making improvements can assess the nature and quality of the Tenant Improvements (the "Plans"). Landlord shall, within 5 business days of receipt of the Plans, notify Tenant in writing of its approval or disapproval. In the event that Landlord disapproves of any aspect of the Plans, it shall provide Tenant with a statement of such objections. Tenant shall have 14 days to submit revised Plans. Landlord's failure to timely provide a written response to the Leased Plans shall be deemed an approval of same. Tenant shall obtain, and maintain in good standing, all necessary site plan improvements and approvals, building permits, and other governmental authority approvals and permits required to commence and complete all of the Tenant Improvements, and shall send copies of such, specifically of any late changes to plans to Landlord for approval, as soon as practicable, prior to commencing work on the Premises pursuant and/or Premises Building. Upon the occurrence of an Event of Default, any and all plans, and any modifications thereto and all approvals, permits and other governmental authority approvals and permits required to Section 34 complete the Tenant Improvements, shall immediately become and sole and exclusive property of this LeaseLandlord. Tenant, Tenant agrees that it will make such improvements to promptly after Landlord's and governmental approval of the Leased Premises as it may deem necessary final Plans, shall undertake and complete, at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost construction of the Tenant Improvements. Tenant agrees that it shall be less not, in the construction and completion of the Tenant Improvements, (i) create a nuisance, (ii) conduct construction activities or store machinery or equipment in such a way as to either reduce parking at Suniland Center by more than $2,000)ten spaces or interfere with vehicular and/or pedestrian ingress and egress to Suniland Center; or (iii) interfere with the normal day-to-day operations of Suniland Center or the uses by other tenants of their respective premises at Suniland Center. Tenant further agrees it shall commence and complete the construction of the Tenant Improvements expeditiously and in a good and workmanlike fashion, employing licensed Florida contractors, and otherwise in accordance with all laws, regulations and legal requirements applicable to such construction, including but not limited to, to the installation Americans With Disabilities Act of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture 1990 and ordinary moveable business machines all amendments and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not modifications thereto. Prior to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either commencement of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingconstruction, Tenant shall on termination obtain and post a notice of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will commencement substantially in compliance with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseFlorida Statutes 713.

Tenant's Improvements. Except to In the extent that event any construction modifications are requested by Tenant and approved by Landlord, Landlord is responsible and Tenant shall jointly develop a mutually acceptable space plan and finishing schedule for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to is consistent throughout the Leased Premises as it may deem necessary Premises, is consistent with Building Standards, and meets Tenant's requirements (the "Space Design"). The Space Design shall be provided by the Landlord's Architect and the cost shall be included in the Tenant Improvement Allowance, if any remains available at its sole cost the time. Upon completion of the Space Design, an architectural firm shall be selected by Landlord ("Landlord's Architect") from those listed on Exhibit C, attached hereto and expenseincorporated herein, to prepare the complete construction documents (the "Tenant Improvement Plans"). However, The Tenant Improvement Plans shall not make any alterations, decorations, installations, additions or fully describe all leasehold improvements to required in connection with the build out of the Leased Premises (excluding cosmetic changesthe "Tenant's Improvements") and shall include all required construction drawings, construction documents and specifications, finishing schedules, structural designs and plans, mechanical designs and plans, electrical designs and plans, plumbing designs and plans, and any other documents or items necessary in connection with obtaining bids for the Tenant Improvement Plans and in connection with obtaining building permits for the Tenant Improvement Plans and occupancy certificates or use permits for the Leased Premises, with the exception of any details, specifications, and/or designs of trade specific equipment that Landlord's Architect can not reasonably include in the Tenant Improvement Plans. Landlord shall contract with Landlord's Architect in connection with the preparation and submission of the Tenant Improvement Plans. Upon completion thereof and the approval of Tenant, the estimated cost of Space Design and the Tenant Improvement Plans shall be less than $2,000attached hereto as Exhibit D-1 and D-2, each hereby being incorporated herein. All Tenant Improvements shall be strictly in accordance with all Landlord's specifications for interior building finishes, (the Building Interior Finish Specifications), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentattached hereto as Exhibit E, and then only by contractors or mechanics employed or incorporated herein, unless otherwise approved by Landlord, such approval not to be unreasonably withheldwithheld provided the change does not alter the character or quality of the Building. Landlord shall have the right, conditioned or delayed. All such workbut not the obligation, alterations, decorations, installations, additions or improvements to contract with the Project General Contractor and any other party as required in connection with the construction of the Tenant's Improvements and all costs thereof (not to exceed the amount of the Tenant Improvement Allowance) shall be done at Tenant's sole expense paid by Landlord and at such times charged to (and in such manner as Landlord may from time to time reasonably designate. All alterationsshall be considered a part of) the Tenant Improvement Allowance, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in if any remains available at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensetime.

Tenant's Improvements. Except Not later than the Submission Date, Tenant shall provide Landlord with its initial Plans. Landlord shall promptly review the initial Plans and any revisions thereof and shall notify Tenant of any required changes. If Tenant fails to submit its initial Plans by the Submission Date or fails to submit any revised Plans by the dates required by Landlord or if Landlord reasonably determines that the Plans are so inconsistent with the Schedules as to not permit approval by Landlord, then, in any of such events, if such failure continues for more than ten (10) days after notice from Landlord, Landlord may at its option terminate this Lease by written notice to Tenant in which event this Lease shall terminate as of the date fifteen (15) days after Landlord's notice. No deviation from the final Plans approved by Landlord shall be made by Tenant without Landlord's prior written consent. Approval of the Plans by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficiency, sufficiency or compliance with any Laws, and Tenant shall be solely responsible for such items. Prior to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this LeaseRental Commencement Date, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost complete all of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designateWork. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required permitted by Landlord to remove such alterations from enter the Premises on termination for the purpose of performing Tenant's Work and for the purpose of installing its fixtures and other equipment, provided Tenant shall have (a) obtained Landlord's written approval of the Plans, (b) deposited with Landlord all policies or certificates of insurance required by this Lease, and (c) deposited with Landlord all deposits required by the Work Schedules. Said items that are Tenant's Work shall be conducted so as not to be removed from unreasonably interfere with Landlord's construction activities or with the Premises by activities and operations of other tenants and occupants of the Shopping Center, and Tenant shall be removed otherwise comply, at Tenant's sole cost and its expense, with all other obligations of Tenant under the Work Schedules, and shall perform all damage to the Building other duties and Premises caused obligations imposed by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensethis Lease.

Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant, at its option, may make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary from time to time, at its sole cost and expense, without Landlord’s consent (but subject to all other obligations set forth in this Section 10) and costing less than $25,000 in the aggregate. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, in excess of $50,000 or affecting the estimated cost structural components of shall be less than $2,000)the Building, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which consent will not be unreasonably withheld, and then only by be contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense expense, and at such times and in such manner as Landlord may from time to time designate, if at any point during the Term, Tenant is not the sole occupant of the Building. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall promptly pay for the costs associated with any such alterations or additions, and shall protect, defend, indemnify and hold harmless Landlord and the Property from and against any and all liens, costs, damages and expenses incurred by Landlord in connection therewith, including any reasonable attorneys fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such improvements. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant, as Additional Rent, upon demand. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate workmen’s compensation insurance as required by the laws of the State of Colorado, public liability and builders risk insurance in such amounts and according to terms reasonably designatesatisfactory to Landlord. Landlord shall at all times have the right to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration or repair of the Premises by Tenant, and Tenant hereby agrees to give Landlord at least ten (10) business days prior notice of Tenant’s plans to commence such work so as to enable Landlord an opportunity to post such notices. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment any trade fixtures of Tenant as set forth on Exhibit “G” attached hereto and made a part hereof (all of which will be removed by Tenant at the expiration of the Lease Term) put in at the expense of Tenant or Landlord and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, such request to be made at the time Tenant requests consent for the applicable improvement under this Section 10, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove Landlord reserves the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as right to whether or not Tenant will be required withdraw a request to remove improvements and to request that such alterations from improvements remain upon and be surrendered with the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensePremises.

Tenant's Improvements. Except Landlord agrees to the extent that Landlord is responsible for making improvements deposit $500,000.00 into an --------------------- escrow account to the Leased Premises pursuant to Section 34 be established with Landlord's lender in Wichita, Kansas, on or before thirty (30) days following execution of this Lease, Tenant agrees that it will make which funds shall accrue interest and shall be utilized to pay the costs of constructing Tenant's leasehold improvements (which improvements may in addition to more typical leasehold improvements include, in Tenant's discretion, cabling for telephone and computer equipment, a backup generator, an uninterrupted power source, and maintaining and replacing capital items ("Capital Expenses")) and leasehold improvements for sublessees to occupy the Premises prior to November 30, 2007. If such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. Howeverfunds are not timely deposited by Landlord, Tenant shall not have the right to terminate this Lease. Landlord, Tenant and Landlord's lender shall enter into an escrow/disbursement agreement providing the mechanism for disbursement by such lender of escrowed funds hereunder. Tenant shall make any alterations, decorations, installations, additions or permanent leasehold improvements ("Improvements") to the Leased Premises for the purposes of Tenant's leasehold improvements and for leasehold improvements for the benefit of sublessees occupying the Premises in accordance with outlined plans and specifications (excluding cosmetic changes, the estimated cost of shall "Outline Specifications") to be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture prepared by Tenant and ordinary moveable business machines submitted to and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned withheld or delayed. All such work, alterations, decorations, installations, additions or improvements Tenant shall cause the Improvements to be done at Tenant's sole expense constructed in a good and at such times workmanlike manner and in such manner as Landlord may accordance with all governmental laws, rules and regulations in existence at the time of construction. Tenant shall from time to time reasonably designateprovide copies of invoices, along with lien waivers, for construction service and materials acquired in connection with the Improvements to Landlord and Landlord's lender. All alterationsWithin thirty (30) days after the submittal of invoices by Tenant, decorationsbut not more frequently than once a calendar month, installations, additions or improvements made by either lender shall pay to Tenant out of the parties hereto upon escrow established by the Leased Premisesaggregate sum of invoices received by lender in connection with Improvements. In the event the total costs of the Improvements and Capital Expenses exceed $500,000, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingplus accrued interest thereon, Tenant shall on termination promptly pay the same in full; and in the event the total costs are less than $500,000, plus accrued interest thereon, the difference shall be returned to Landlord by lender, together with the interest thereon. During the course of this Lease at its cost and expense remove construction of the modular Tempest enclosureImprovements, and Landlord will Tenant is authorized to make such changes in the Outline Specifications as may be necessary or proper in order to comply with its applicable building codes, without the written consent of Landlord, so long as such changes do not materially, adversely affect the appearance, structure or intended use of the Improvements. Any other changes to such Outline Specifications shall require the prior approval of any alterations notify Tenant as to whether Landlord, which consent shall not be unreasonably withheld or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensedelayed.

Tenant's Improvements. 10.1 Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this LeaseLease and subsequent to the installation of Tenant’s Work pursuant to Section 35, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverNotwithstanding anything herein to the contrary, Tenant shall have the right to make non-structural alterations which do not make affect the mechanical, electrical or plumbing systems of the Building without obtaining Landlord’s prior consent, provided that either (i) such alterations cost less than Fifty Thousand Dollars ($50,000.00) per occurrence during the Initial Term and One Hundred Thousand Dollars ($100,000,00) during any alterationsof the Renewal Term(s), decorationsor (ii) are items of decoration, installationspainting or carpeting. Landlord will notify Tenant of Landlord’s election to consent or withhold its consent within ten (10) days after receiving Tenant’s written request for consent to an alteration. If Landlord does not respond within such ten (10) day period, additions or improvements Landlord shall be deemed to have given consent to the Leased Premises (excluding cosmetic changesproposed alteration. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliancesdesign sufficiency, or other apparatus (except moveable office furniture compliance with all laws, rules and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors regulations of governmental agencies or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designateauthorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, (except for Tenant’s movable office fixtures, furniture and moveable office equipment, trade fixtures, generators, uninterruptible power sources, supplemental HVAC equipment put in at addition to the expense of Tenant base building systems, and other items identified by Tenant prior to the Rent Commencement Date or, after the Rent Commencement Date, as mutually agreed upon in writing, collectively, “Tenant’s Personal Property”), shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingExcept for Tenant’s Personal Property, Tenant shall have no obligation to remove any improvements to the Premises, made by or on termination behalf of this Lease at its cost Tenant, including, without limitation, the Tenant’s Work. If Tenant fails to remove any of Tenant’s Personal Property items, Landlord shall have the right, but not the obligation, to remove and expense remove the modular Tempest enclosuredispose of such items, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from restore the Premises on termination of this Lease. Said items that are to be removed from the Premises by accordingly and Tenant shall be removed reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at Tenant's sole cost and expensethe Default Rate, and all damage to which shall accrue form the Building and Premises caused date the costs were incurred by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any permanent fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make non-structural, cosmetic improvements in the Premises which cost less than $120,000 in any single instance, without obtaining Landlord's prior written consent, provided that Tenant notifies Landlord in advance of making such improvements. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord's consent to and/or approval of Tenant's plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Property and the Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant Tenant, Tenant's Personalty (as defined below), trade fixtures, equipment, including hardware and systems and other components which may be removed without an adverse effect on Tenant's lease obligations and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding anything herein to the foregoingcontrary, Landlord agrees that Tenant shall on termination may alter and rearrange the non-structural portions of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination from time to time as may, in the reasonable opinion of Tenant, be necessary or convenient to the conduct of its business. It is expressly agreed that Tenant may securely attach to the Premises, with screws or otherwise, such trade fixtures, equipment or other personal property (collectively, "Tenant's Personalty") as may be convenient for the conduct of its business, including, but not limited to, desks, counters, cabinetry, movable partitions, shelving, computer, photocopy and word processing equipment, lighting fixtures, safes, uninterrupted power source equipment, cabling, generator, raised flooring, cable trays, movable millwork and appliances. Tenant's Personalty shall remain the property of Tenant and, shall be removed by Tenant at, or prior to, the expiration of the Term of the Lease, in accordance with the provisions of this Lease. Said items , provided that are to be removed from Tenant restores the Premises to substantially the same condition as existed immediately prior to the installation of the Personalty, ordinary wear and tear excepted. Notwithstanding the immediately preceding sentence, upon request by Tenant shall be removed Landlord at the time of approving the plans and specifications, Tenant, at Tenant's sole cost and expense, shall remove supplemental HVAC and all damage to raised flooring upon the Building and Premises caused by termination of the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLease.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to providing the Leased Premises Allowance pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the Tenant Improvements (as defined herein), the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld or delayed, and then only by contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned unreasonable withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make decorative or non-structural alterations within the Premises costing less than $50,000 without the necessity of Landlord’s prior consent, but in accordance with all other terms and conditions of this Section 10 and only upon prior written notice to Landlord thereof. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense expense, other than the Allowance which shall be provided by Landlord for the Tenant Improvements, and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, such request given at the time Landlord provides consent under this Section 10, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, Tenant shall have the right to remove all trade fixtures, if owned by Tenant, at the termination of this Lease, provided Tenant repairs any damage caused by such removal and returns the Premises in the condition required by Section 11.4 of this Lease. The parties acknowledge that DB will leave certain property in the Premises at the expiration of the DB Sublease, including the existing furniture, raised flooring, wiring, emergency generator and corresponding underground fuel storage tank and a vault (the “DB Property”), all as more particularly shown on Exhibit “C,” attached hereto and made a part hereof. The DB Property may be used by Tenant during the Term, at no cost to Tenant, but shall be the property of Landlord and shall remain upon and be surrendered with the Premises at the termination of this Lease at its cost and expense remove the modular Tempest enclosure, and without molestation or injury. Landlord will with its approval of any alterations notify Tenant makes no representations or warranties as to whether or not Tenant will be required to remove such alterations from the Premises on termination condition of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseDB Property.

Tenant's Improvements. Except Landlord will cause to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Leasebe constructed, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its Tenant’s sole cost and expense, the Tenant’s Improvements, as set forth on EXHIBIT “H” attached hereto. HoweverTenant’s Improvements will be preliminarily designed by Tenant’s architect (BE Collaborative Architects) and must be approved by Landlord and Opus A&E (as more fully set forth in Section 17.1.5 below). Tenant will pay all of Landlord’s direct and indirect costs of causing the Tenant’s Improvements to be installed by Landlord (except for any portion of the Tenant’s Improvements which will be performed by Tenant (as agreed to by Landlord) and any furniture, Tenant shall not make any alterationsfixtures and equipment installed by Tenant), decorationsplus six percent (6%) of the sum of the actual cost of labor, installations, additions or improvements materials and general conditions related to the Leased Premises (excluding cosmetic changes, the estimated cost Tenant’s Improvements performed by Landlord. Such costs of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)Landlord may include, without Landlord's prior written consentlimitation, space planning costs, construction document preparation costs, design costs, construction drawing costs, general conditions, construction costs and then only by contractors or mechanics employed or approved by Landlordall costs Landlord incurs in connection with obtaining permits for the Tenant’s Improvements. Other than any Tenant Personalty under Section 16.1, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be ’s Improvements become the property of Landlord and a part of the Building immediately upon installation. Landlord hereby agrees to competitively bid all major subcontract work for the Tenant’s Improvements performed by Landlord hereunder and Tenant, through Tenant’s representative, will have the opportunity to approve all components of the aggregate costs for the Tenant’s Improvements, which consent shall remain upon not be unreasonably withheld or delayed and which consent shall be surrendered with deemed approved if Tenant fails to respond to the Leased Premises at the termination same within two (2) business days. As to any Tenant’s Improvements performed by Landlord, Landlord shall not include any items solely as costs of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Tenant’s Improvements if Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will would otherwise be required to remove pay for exact same cost as part of its Landlord’s Improvements (such alterations from as a trailer, phone service and certain utilities costs), but instead shall equitably prorate the Premises on termination of this Lease. Said items that are to be removed from cost for the Premises by Tenant shall be removed at same between the Landlord’s Improvements and the Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense’s Improvements.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 (a) Within thirty (30) days after execution of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or submit to Landlord its plans for improvements to the Leased Premises (excluding cosmetic changesand, after approval thereof by Landlord, shall complete all improvements and other work to be performed by it pursuant to such plans and the estimated cost manner set out in Schedule "C". Tenant will be permitted by Landlord to enter the Premises in accordance with Schedule "C" for the purpose of shall be less than $2,000), including but not limited to, performing its obligations under Schedule "C" and for the installation purpose of any fixtures, amenities, installing its fixtures and other equipment, appliances, or other apparatus provided (except moveable office furniture and ordinary moveable business machines and equipment), without i) Tenant shall have obtained Landlord's prior written consent, approval of the plans and then only by contractors specifications for such work; and (ii) Tenant shall have deposited with Landlord the policies or mechanics employed or approved by Landlord, such approval certificates of insurance required in Section 13.5. Tenant's activities shall be conducted so as not to be unreasonably withheld, conditioned interfere with Landlord's construction activities or delayed. All such work, alterations, decorations, installations, additions the business of other tenants or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingtheir tenancies, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from maintain the Premises on termination of this Leasein a clean and orderly condition during construction and merchandising. Said items that are to be removed from the Premises by Tenant All trash which may accumulate in connection with Tenant's construction activities shall be removed at Tenant's sole cost and expense, and all damage to daily from the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored Celebrity Square Area by Tenant at Tenant's sole cost its expense. During such period, Tenant shall perform all duties and expenseobligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification, saving and excepting only the obligation to pay Rental (other than any Additional Rental arising out of failure of Tenant to perform its obligations under this Lease), which obligation shall commence when the Term commences.

Tenant's Improvements. Except to the extent that Landlord is --------------------- responsible for making improvements to the Leased Premises pursuant to Section 34 35 of this Lease, Tenant agrees that it will shall make such non-structural improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord's consent to and/or approval of Tenant's plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as Except for improvements to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are pursuant to be removed from the Premises Section 35, upon request by Tenant shall be removed Landlord, Tenant, at Tenant's sole cost and expense, shall remove any and all damage special improvements to the Building Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises caused accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this LeaseTenant shall, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense, perform the Initial Improvements described in and in accordance with the RFP Response and that certain Agreement by and between Landlord and Tenant dated (the “Agreement”), a description of such Initial Improvements is attached hereto as Exhibit B, including achieving completion of certain milestones related to the Initial Improvements in accordance with the schedule attached hereto as Exhibit C, as the same may be amended by a mutual agreement of the parties (the “Development Milestones”). HoweverSubject to delays due to Force Majeure (as such term is defined herein), Tenant shall not make any alterationscommence construction of the Initial Improvements on or before [ ], decorations, installations, additions or and diligently and continuously prosecute such improvements to Final Completion, which shall in no event occur later than [ ] (the Leased Premises (excluding cosmetic changes, “Outside Completion Date”). For the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination purposes of this Lease. Said items that are , construction of the Initial Improvements shall be deemed to be removed from have “commenced” upon the commencement of actual physical work (including, without limitation, building demolition or site work) on the Premises by or any portion thereof pursuant to a demolition permit or a building permit for the construction of the Initial Improvements. Tenant shall use diligent and continuous efforts in good faith to obtain all Required Permits (as such term is defined herein) for the construction of all of Tenant’s Initial Improvements in accordance with the Design Plans (as such term is defined herein). For the purposes of this Lease, “Final Completion” of all Tenant’s Initial Improvements will be removed at Tenant's sole cost and expensedeemed to have occurred upon the date of final completion, as determined by Landlord in its reasonable discretion, of the Initial Improvements in accordance with the Design Plans, and all damage shall require the issuance of a Certificate of Occupancy for the improvements. If Tenant shall fail to commence the construction of the Initial Improvements as required herein, Landlord may at its election terminate this Lease by notice to Tenant, which termination shall be effective not earlier than thirty (30) days after such notice is given to Tenant (the “Cure Period”), unless Tenant has commenced construction prior to the Building and Premises caused expiration of the Cure Period, provided Landlord has delivered such notice of termination to Tenant not later than thirty (30) days following the date by the installation and removal of said items shall be repaired, replaced and/or restored by which Tenant at Tenant's sole cost and expenseis required to commence such construction.

Tenant's Improvements. Except A. Construction of the Tenant Improvements. Tenant --------------------------------------- shall, at least 45 days prior to the extent date Tenant expects to begin construction, provide to Landlord, for Landlord's written approval, which shall not be unreasonably withheld or delayed, plans and specifications or detailed schematics, as may be necessary to commence and complete any portion of the Tenant Improvements to be made to the exterior of the Premises Building and showing the proposed Tenant Improvements to the interior of the Premises Building such plans and specifications or schematics to be sufficiently detailed so that Landlord is responsible for making improvements can assess the nature and quality of the Tenant Improvements (the "Plans"). Landlord shall, within 5 business days of receipt of the Plans, notify Tenant in writing of its approval or disapproval. In the event that Landlord disapproves of any aspect of the Plans, it shall provide Tenant with a statement of such objections. Tenant shall have 14 days to submit revised Plans. Landlord's failure to timely provide a written response to the Leased Plans shall be deemed an approval of same. Tenant shall obtain, and maintain in good standing, all necessary site plan improvements and approvals, building permits, and other governmental authority approvals and permits required to commence and complete all of the Tenant Improvements, and shall send copies of such, specifically of any late changes to plans to Landlord for approval, as soon as practicable, prior to commencing work on the Premises pursuant and/or Premises Building. Upon the occurrence of an Event of Default, any and all plans, and any modifications thereto and all approvals, permits and other governmental authority approvals and permits required to Section 34 complete the Tenant Improvements, shall immediately become and sole and exclusive property of this LeaseLandlord. Tenant, Tenant agrees that it will make such improvements to promptly after Landlord's and governmental approval of the Leased Premises as it may deem necessary final Plans, shall undertake and complete, at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost construction of the Tenant Improvements. Tenant agrees that it shall be less not, in the construction and completion of the Tenant Improvements, (i) create a nuisance, (ii) conduct construction activities or store machinery or equipment in such a way as to either reduce parking at Suniland Center by more than $2,000)ten spaces or interfere with vehicular and/or pedestrian ingress and egress to Suniland Center; or (iii) interfere with the normal day-to-day operations of Suniland Center or the uses by other tenants of their respective premises at Suniland Center. Tenant further agrees it shall commence and complete the construction of the Tenant Improvements expeditiously and in a good and workmanlike fashion, employing licensed Florida contractors, and otherwise in accordance with all laws, regulations and legal requirements applicable to such construction, including but not limited to, to the installation Americans With Disabilities Act of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture 1990 and ordinary moveable business machines all amendments and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not modifications thereto. Prior to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either commencement of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingconstruction, Tenant shall on termination obtain and post a notice of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will commencement substantially in compliance with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseFlorida Statutes 713.

Tenant's Improvements. Except 4.1. Landlord shall perform the Landlord Work (as defined in the Work Letter attached hereto as Exhibit B (the “Work Letter”)) in order to prepare the Premises for Tenant’s use and occupancy in accordance with the Work Letter. Subject to Force Majeure and any Tenant Delay (as defined in the Work Letter), Landlord shall use diligent efforts to achieve Substantial Completion of the Landlord Work by the Estimated Term Commencement Date. However, except to the extent that such failure constitutes a delay in the occurrence of the Term Commencement Date (as provided in the definition of the Term Commencement Date): (i) except as otherwise provided herein, Tenant’s sole remedies shall be a delay in the Term Commencement Date, (ii) Tenant shall have no claim or rights against Landlord, and Landlord is responsible for making improvements shall have no liability or obligation to Tenant in the event of delay in the Landlord Work, and (iii) no delay in the Landlord Work shall have any effect on the parties rights or obligations under this Lease. Notwithstanding anything contained in this Lease or the Work Letter to the Leased Premises pursuant contrary, if Landlord fails or is unable to Section 34 of this Lease, cause the Term Commencement Date to occur on or before the date that is thirty (30) days after the Estimated Term Commencement Date (as the Estimated Term Commencement Date shall be extended for Force Majeure and any Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. HoweverDelay), Tenant shall not make any alterations, decorations, installations, additions or improvements be entitled to one (1) additional day of abated Base Rent for each day in the Leased Premises (excluding cosmetic changes, period commencing on the estimated cost of shall be less than $2,000), including but not limited to, Estimated Term Commencement Date and ending on the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of day immediately preceding the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseTerm Commencement Date.

Tenant's Improvements. Except 7.1. --------------------------- Prior to the extent that Landlord is responsible for making improvements to commencement of the Leased Premises pursuant to Section 34 of this LeaseTerm, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense, (a) promptly initiate and diligently pursue the design of all leasehold improvements and other work to be performed by it pursuant to Schedule B on a schedule which in Landlord's reasonable judgment will permit Tenant to complete such leasehold improvements not later than ten (10) days prior to the Grand Opening Date with respect to the exterior of the Premises and not later than seven (7) days prior to the Grand Opening Date with respect to the interior of the Premises, and (b) promptly commence and diligently pursue the construction and completion of the Premises. HoweverTenant will be permitted by Landlord to enter the Premises in accordance with Schedule B for the purpose of performing its obligations under Schedule B and for the purpose of installing its fixtures and other equipment, provided (i) Tenant shall have obtained Landlord's approval of the plans and specifications for such work, (ii) Tenant shall have obtained a valid building permit for construction of its leasehold improvements, (iii) Tenant shall have deposited with Landlord the policies or certificates of insurance required in Article XIII and (iv) Landlord shall have received full payment from Tenant for the Grand Opening Contribution and for those items set forth in Schedule B. Tenant's activities shall be conducted so as not to unreasonably interfere with Landlord's construction activities. Tenant shall maintain the Premises in a clean and orderly condition during construction and merchandising. All trash which may accumulate in connection with Tenant's construction and merchandising activities shall be deposited daily in dumpsters, provided by or for Landlord in the Shopping Center as more particularly described in Schedule B. During such construction and merchandising period, Tenant shall not perform all duties and obligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification, saving and excepting only the obligation to pay Rental (other than any Additional Rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder), which obligation shall commence when the Term commences. Landlord's work is limited to that work specified in Schedule B and Tenant shall be required to make any alterations, decorations, installations, additions or all leasehold improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at in accordance with Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premisesapproved plans, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of those which Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be is specifically required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.make under Schedule B.

Tenant's Improvements. Except Not later than the Submission Date, Tenant shall provide Landlord with its initial Tenant's Plans. Landlord shall promptly review the initial Tenant's Plans and any revisions thereof and shall notify Tenant of any required changes. lfTenant fails to submit its initial Tenant's Plans by the Submission Date or fails to submit any revised Tenant's Plans by the dates reasonably required by Landlord or if Landlord determines that the Tenant's Plans are so inconsistent with the use of the Premises or the Property as to not permit approval by Xxxxxxxx, then, in any of such events, if such failure continues for more than ten (10) days after written notice from Landlord, Landlord may declare an Event of Default. In addition, the Premises will be deemed delivered to Tenant on a date indicated in a notice from Landlord to Tenant; provided, however, such delivery shall not relieve Tenant of its obligation to submit Tenant's Plans to Landlord and/or obtain Landlord's approval of Xxxxxx's Plans. No deviation from the final Tenant's Plans approved by Landlord shall be made by Tenant without Landlord's prior written consent. Approval of Tenant's Plans by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficiency, sufficiency or compliance with any Legal Requirements, and Tenant shall be solely responsible for such items. Prior to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this LeaseCommencement Date, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense, complete all of Tenant Work. However, Tenant shall not make any alterations, decorations, installations, additions or improvements Subject to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, approval and then only by contractors or mechanics employed or approved by prior coordination with Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required permitted by Landlord to remove such alterations from enter the Premises on termination for the purpose of performing Tenant Work and for the purpose of installing its fixtures and other equipment, provided Tenant shall have (a) obtained Landlord's written approval of Tenant's Plans; and (b) deposited with Landlord all policies or certificates of insurance required by this Lease. Said items that are Tenant Work shall be conducted so as not to be removed from unreasonably interfere with Landlord's construction activities or with the Premises by activities and operations of other tenants and occupants of the Property, and Tenant shall be removed otherwise comply, at Tenant's sole cost and its expense, with all other obligations of Tenant under the Tenant Work exhibit and shall perform all damage to the Building other duties and Premises caused obligations imposed by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensethis Lease.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed construct, at Tenant's sole cost and expenseexpense (but subject to Section 17.1.2), all initial Tenant's Improvements. Tenant will design the Tenant's Improvements as described in this Section 17.1. As soon as reasonably practical after Landlord approves the Final Plans, but not more than 15 Business Days thereafter, Landlord will provide to Tenant a detailed budget for the Cost of Construction of the Tenant's Improvements in accordance with the Final Plans, which proposed budget will be subject to review and approval by Tenant. As approved by Landlord and Tenant in writing, such construction budget will be referred to herein as the "Budget." Landlord and Tenant agree to make a good-faith effort to prepare and approve the Budget within 15 days after Landlord has delivered its initial detailed budget to Tenant. As initially proposed and submitted by Landlord to Tenant for Tenant's approval, the Budget will set forth a breakdown by trade of bids received, and all damage Landlord will supply Tenant with documentation relating to any referenced bids as Tenant may reasonably request. As part of the Budget approval process, Tenant may request competitive bidding of up to 3 bids, as may be reasonable under the circumstances, and, incident thereto, provide Landlord with additional subcontractors or suppliers (not to exceed three per line item subcontract) from whom Landlord will obtain bids; provided, however, that (i) no such multiple bids will be required for contracts where the total subcontract cost is less than Thirty Thousand Dollars ($30,000.00), (ii) Landlord will not be obligated to use any supplier or subcontractor recommended by Tenant unless Landlord is reasonably satisfied that the particular subcontractor or supplier meets Landlord's financial and performance requirements for the work, and (iii) the mechanical, electrical and fire protection subcontractors performing the work for Landlord's Improvements will be the subcontractor performing such services to Landlord for the Landlord's Improvements, so long as those subcontractors provide bids that are competitive and are able to meet the construction schedule for the work, and if either of those criteria are not met by any of such subcontractors, then Tenant may require its work to be competitively bid, whereupon the provisions of clause (ii) of this sentence will apply. During development of the Budget, Tenant may make value engineering adjustments in coordination with Landlord and Landlord's architect to reduce the Cost of Construction of the Tenant's Improvements as Tenant sees fit. Tenant will have the right to select its own subcontractors or service providers for telecommunications, data systems and cabling, security and architectural and design services. If, incident to the design or construction of Landlord's Improvements and Tenant's Improvements, Landlord is required to engage one or more engineering consultants to review the work of Tenant's service providers, the fees reasonable and charges of such' consultants will also constitute part of the Cost of Construction. If the Cost of Construction of Tenant's Improvements exceeds the Improvement Allowance, Tenant will pay Landlord, as Additional Rent, the amount by which the Cost of Construction of the Tenant's Improvements exceeds the Improvement Allowance, in monthly installments (the "Estimated TI Payments") based upon a percentage completion basis, as follows: On the 25th day of each calendar month commencing with the calendar month during which the Improvement Allowance will be expended, Landlord will submit to Tenant a progress payment request, estimated as of the thirtieth or last Business Day of that month, showing Landlord's reasonable estimate of the value of the Tenant's Improvements completed, based upon the value of labor, services and materials incorporated or to be incorporated in the Premises and of materials stored at the Building Site as of the 30th or last Business Day of the month and Premises caused the contractor's overhead/general conditions costs and contractor's fee thereon. Tenant will pay Landlord, within 10 days of receipt, the amount specified in Landlord's statement. Upon Substantial Completion of Tenant's Improvements, Landlord will notify Tenant of the final Cost of Construction of Tenant's Improvements, which notice will be accompanied by reasonable documentation. If the installation and removal final Cost of said items shall be repaired, replaced and/or restored Construction of Tenant's Improvements less the Estimated TI Payments actually paid by Tenant at exceeds the Improvement Allowance, Tenant will pay the amount of such excess to Landlord, as Additional Rent, within 30 days after receipt of Landlord's notice. If the final Cost of Construction of Tenant's sole cost and expense.Improvements, less the

Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant, at its option, may make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary from time to time, at its sole cost and expense, without Landlord’s consent (but subject to all other obligations set forth in this Section 10) and costing less than $25,000 in the aggregate. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, in excess of $50,000 or affecting the estimated cost structural components of shall be less than $2,000)the Building, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which consent will not be unreasonably withheld, and then only by be contractors or mechanics employed or approved by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense expense, and at such times and in such manner as Landlord may from time to time designate, if at any point during the Term, Tenant is not the sole occupant of the Building. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall promptly pay for the costs associated with any such alterations or additions, and shall protect, defend, indemnify and hold harmless Landlord and the Property from and against any and all liens, costs, damages and expenses incurred by Landlord in connection therewith, including any reasonable attorneys fees incurred by Landlord, if Landlord shall be joined in any action or proceeding involving such improvements. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant, as Additional Rent, upon demand. Under no circumstances shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate workmen's compensation insurance as required by the laws of the State of Colorado, public liability and builders risk insurance in such amounts and according to terms reasonably designatesatisfactory to Landlord. Landlord shall at all times have the right to post or keep posted on the Premises, or in the immediate vicinity thereof, any notices of non-responsibility for any construction, alteration or repair of the Premises by Tenant, and Tenant hereby agrees to give Landlord at least ten (10) business days prior notice of Tenant's plans to commence such work so as to enable Landlord an opportunity to post such notices. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, Tenant’s projectors in the Premises and moveable office equipment any trade fixtures of Tenant put in at the expense of Tenant or Landlord and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, such request to be made at the time Tenant requests consent for the applicable improvement under this Section 10, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove Landlord reserves the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as right to whether or not Tenant will be required withdraw a request to remove improvements and to request that such alterations from improvements remain upon and be surrendered with the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensePremises.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of as otherwise provided in this Lease, Tenant agrees that it will accepts the Premises in “as is” condition as of the date of this Lease and Landlord shall not be required to make such any improvements to the Leased Premises as it may deem necessary at its sole cost and expensePremises. However, All work to be performed by Tenant shall not make any alterationsbe referred to as “Tenant’s Work.” Tenant will perform, decorationsor cause to be performed, installationsall the construction work required to build out new office, additions or improvements laboratory, and clean room space in the Premises, subject to the Leased Premises (excluding cosmetic changesallowance provisions set forth herein, the estimated cost of additional Tenant monies, and in conformance with Tenant’s to-be-completed plans for Tenant’s Work. Tenant shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without obtain Landlord's ’s prior written consent, and then only by contractors or mechanics employed or approved by Landlordapproval of the plans for Tenant’s Work, such approval not to be unreasonably withheld, conditioned or delayed. Tenant and/or its agents and subcontractors will be solely responsible to coordinate and perform the Tenant’s Work. All such work, alterations, decorations, installations, additions or improvements Tenant’s Work shall be done at performed by a to be selected general contractor, as selected by Tenant's , subject to the reasonable approval of Landlord, (“General Contractor”) based on a to-be-determined competitive bid format or on a negotiated basis, with either as elected by Tenant in its sole expense discretion. Tenant shall ensure that all Tenant’s Work is performed in a good and at such times xxxxxxx-like manner and in such manner as full compliance with all applicable governmental regulations and to current industry standards. With respect to the Premises, Landlord may and/or Landlord’s consultants shall have the right to review, monitor, and approve all plans and materials involved in the Tenant’s Work throughout the entire construction process, provided that Landlord and/or Landlord’s consultants do not cause delays in Tenant’s construction schedule. Tenant or its designees shall obtain all permits, certificates and other governmental approvals from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either all governmental entities having jurisdiction which are necessary for the completion of the parties hereto upon Tenant’s Work. Landlord shall have the Leased Premisesright to charge Tenant a construction management/oversight fee, except movable office furniture which fee shall not exceed the actual and moveable office equipment put reasonable costs incurred by Landlord for reviewing Tenant’s plans and specifications and inspecting the construction in at the expense ordinary course of work. Provided Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the waives its termination of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as rights pursuant to whether or not Tenant will be required to remove such alterations from the Premises on termination Section 55 of this Lease, Landlord grants Tenant the Allowance to reimburse Tenant for a portion of the costs relating to the Tenant’s Work. Said items that are to be removed from the Premises by Tenant The Allowance shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.disbursed as follows:

Tenant's Improvements. Except Subject to the extent that terms of any Underlying Mortgage (as defined in Section 34 hereof), any structural alterations or improvements or any non-structural improvements or alterations costing more than Twenty Thousand and No/100 Dollars ($20,000.00) shall require Landlord's written consent, which consent shall not be unreasonably withheld. Landlord's consent shall be automatically granted if Landlord is responsible for making improvements does not respond to Tenant's request within ten (10) days after notice and submission of preliminary plans and specifications from Tenant. Subject to the Leased Premises pursuant to Section 34 preceding sentence and the terms of any Underlying Mortgage, during the full Term of this Lease, Tenant agrees that shall have the right, at any time during the term of this Lease, and from time to time, at its own cost and sole expense and liability, to place or install within the Leased Premises, such nonstructural leasehold improvements not exceeding $20,000.00 as it will make shall desire. Unless expressly released by Landlord in writing, all such improvements shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord without payment or offset unless such improvements are not attached to the Premises, excluding signage and other equipment specific to Tenant's business whether or not attached to the building, as long as the equipment can be removed without damage to the Building. No such installation or construction by Tenant shall violate any lawful rule or regulation, plan or zoning construction or other law, ordinance or regulation applicable thereto, and all alterations and improvements shall be done and performed in good and workmanlike manner and blend architecturally with the existing design and style of the balance of the subject Building or other improvement being altered and shall not diminish the value of the subject Building or other improvement as of the date of the commencement of the subject improvement. All costs of any such improvements shall be paid by Tenant and Tenant shall allow no liens for labor or materials to attach to the Leased Premises as it may deem necessary at its sole cost and expenseby virtue thereof. However, Tenant shall give Landlord not make less than ten (10) days notice prior to the commencement of any alterationswork in, decorations, installations, additions on or improvements to about the Leased Premises (excluding cosmetic changes, and Landlord shall have the estimated cost right to post notices of shall be less than $2,000), including but not limited to, non-responsibility in or on the installation of Leased Premises as provided by law. Landlord may require that Tenant remove any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, all alterations, decorations, installations, improvements or additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition, only if not previously approved by Landlord in writing. If Landlord shall consent to the alterations, improvements and additions or injuryapprove of the drawings and specifications, as the case may be, the consent or approval shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, or for use in the modular Tempest enclosureLeased Premises, and Landlord will with its approval of which claims are or may be secured by any alterations notify Tenant as to whether mechanic's or not Tenant will be required to remove such alterations from materialmen's lien against the Leased Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseor any interest therein.

Tenant's Improvements. Except Subject to the extent that terms of any Underlying Mortgage (as defined in Section 34 hereof), any structural alterations or improvements or any non- structural improvements or alterations costing more than Three Hundred Thousand and No/100 Dollars ($300,000.00) shall require Landlord's consent, which consent shall not be unreasonably withheld. Landlord's consent shall be automatically granted if Landlord is responsible for making improvements does not respond to Tenant's request within thirty (30) days after notice and submission of 'preliminary plans and specifications from Tenant. Subject to the Leased Premises pursuant to Section 34 preceding sentence and the terms of any Underlying Mortgage, during the full Term of this Lease, Tenant agrees that shall have the right, at any time during the Term, and from time to time, at its own cost and sole expense and liability to place or install within the Leased Premises, such nonstructural leasehold improvements as it will make shall desire. Unless expressly released by Landlord in writing, all such improvements shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord without payment or offset unless such improvements are not attached to the Premises. NO such installation or construction by Tenant shall violate any lawful rule or regulation, plat or zoning construction or other law, ordinance or regulation applicable thereto, and all alterations and improvements shall be done and performed in good and workmanlike manner. All costs of any such improvements shall be paid by. Tenant and Tenant shall allow no liens for labor or materials toattach to the Leased Premises as it may deem necessary at its sole cost and expenseby virtue thereof. However, Tenant shall not make any alterations, decorations, installations, additions or submit drawings an& specifications of all alterations and improvements to Landlord costing more than One Hundred Thousand and No/100 Dollars ($100,000.00) for Landlord's approval at least thirty (30) days prior to commencement of work, which approval shall not be unreasonably withheld. Landlord's approval of the same shall be automatically granted if Landlord does not comment on the same within said-thirty (30) day period. Tenant shall give Landlord not less than ten (10) days notice prior to , the commencement of any work in, on or about the Leased Premises (excluding cosmetic changes, and Landlord shall have the estimated cost right to post notices of shall be less than $2,000), including but not limited to, non-responsibility in or on the installation of Leased Premises as provided by law. Landlord may require that Tenant remove any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, all alterations, decorations, installations, improvements or additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition. Any alterations, improvements and additions in, or injuryabout the Leased Premises that Tenant desires to make, or which require the consent of Landlord or which require approval by Landlord of the drawings or specifications therefor, shall be presented to Landlord in written form, with proposed detailed plans. Notwithstanding If Landlord shall consent to the foregoingalterations, improvements and additions or approve of the drawings and specifications, as the case may be, the consent or approval shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a. copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall on termination of this Lease at its cost and expense remove pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at, or for use in the modular Tempest enclosureLeased Premises, and Landlord will with its approval which claims are or may be secured by any mechanic's or materialmen's lien against the Leased Premises or any interest therein. To the extent that any alterations, improvements or additions result in the removal from the Building of any alterations notify Tenant as building components having salvage value and such components have not been replaced with components having equal or greater value, such salvage value shall paid to whether or not Tenant will be required to remove such alterations from the Premises on termination of this LeaseLandlord. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, Any and all damage alterations, improvements or additions to the Building and Premises caused by the installation and removal of said items shall be repairedperformed in a good and safe workmanlike manner; shall have all necessary approvals, replaced and/or restored permits and licenses required by Tenant at any governing body; and Tenant's sole cost . shall hold Landlord harmless from any and expenseall costs, expenses, attorney fees, fines, penalties, judgments, or other sums resulting out of any such alterations, improvements or additions by way of citations for codes violations or other violations of regulations or laws governing the Building and Leased Premises.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or and/or improvements to the Leased Premises (excluding cosmetic changesPremises, the estimated cost of shall be less than $2,000)including, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, appliances or other apparatus (except moveable office furniture and ordinary moveable business machines and equipmentcollectively, the "Work"), without Landlord's prior written consentconsent which shall not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics employed or approved by Landlord. Notwithstanding the foregoing, such approval Tenant shall have the right, without Landlord's consent, to make non-structural repairs to the Leased Premises which do not to be unreasonably withheldaffect the roof, conditioned mechanical, electrical or delayedplumbing systems of the Building, and which do not, in any lease year, cost more than Ten Thousand Dollars ($10,000) in the aggregate. All such work, alterations, decorations, installations, additions or improvements Work shall be done at Tenant's sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterationssuch Work shall be done under the general supervision of Landlord to assure standard quality improvements on the Real Property for which Landlord shall be paid a reasonable supervisory fee, decorations, installations, additions or improvements made not to exceed seven percent (7%) of the cost of the Work. All such Work done by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, equipment and moveable office equipment trade fixtures put in at the expense of Tenant and other items as mutually agreed upon in writingTenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing; provided, however, that Landlord may elect to require Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from all or any part of said work at the Premises on termination expiration of this Lease. Said items that are to be removed from the Premises by Tenant , in which event such removal shall be removed done at Tenant's sole cost and expense. At Tenant's request, and all damage Landlord will inform Tenant at the time it grants its consent to any proposed Work, of whether the Building and Premises caused by the installation and removal of said items shall Work must be repaired, replaced and/or restored removed by Tenant at Tenant's the expiration of the Lease Term. Tenant shall, at its sole cost and expense, repair any damage to the Leased Premises and/or the Building caused by such removal or by the removal of its personalty.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 1(b) of this Lease, Tenant agrees that it will Landlord shall have no other obligations to make such improvements or repairs (except as otherwise specifically set forth herein) and Tenant shall make all improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations (for purposes of this Section 9, “alterations” shall mean any structural alteration or any alteration affecting the mechanical, decorationselectrical, installationsand/or plumbing system servicing the Leased Premises, or any other alteration, the cost of which exceeds $25,000), installation, additions or improvements to the Leased Premises (excluding cosmetic changesPremises, the estimated cost of shall be less than $2,000)including, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, which will not be unreasonably withheld or delayed, and then only by contractors or mechanics employed or approved by Landlord and pursuant to plans therefor approved by Landlord, such approval approvals not to be unreasonably withheld, conditioned withheld or delayed. All such contractors and/or mechanics shall provide to Landlord, at Landlord’s request, evidence of liability insurance carried with an insurance company reasonably acceptable to Landlord, pursuant to which the limits of liability shall be no less than $1,000,000.00 in respect to any one occurrence, and in respect to the aggregate, at least $2,500,000.00 in respect to the general aggregate limit of liability, which insurance shall name Landlord, Manekin, LLC, and any lender from time to time of Landlord (the “Lender”) (or others as may be reasonably requested by Landlord) as additional insureds. All such work shall be (a) performed by Landlord, or a general contractor affiliated with Landlord, or (b) done under the general supervision of Landlord or its construction manager to assure standard quality improvements in the Building, for which Landlord or such construction manager shall be paid a reasonable supervisory fee not to exceed three percent (3%) the total cost of such work. Tenant shall, upon Landlord’s request, provide lien waivers from any and all applicable contractors or mechanics with respect to any such work. All such work, alterations, decorations, installations, additions or improvements shall be done done, in a good and workmanlike manner, at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, trade fixtures and moveable office information technology equipment put in at the expense of Tenant and other items as mutually agreed upon in writingTenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding , reasonable wear and tear excepted; provided, however, that Landlord, at the foregoingtime it approves such alterations, installations, additions or improvements, may elect to require Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from all or any part of said alterations, installations, additions or improvements at the Premises on termination expiration of this Lease. Said , in which event such items that are to be removed from shall remain the Premises by property of Tenant and such removal shall be removed done at Tenant's sole cost and ’s expense, and all Tenant shall, at its expense, repair any damage to the Leased Premises and/or the Building and Premises caused by such removal or by the installation and removal of said items its personalty, reasonable wear and tear excepted. Tenant shall be repairedpay before delinquency any business, replaced and/or restored by rent or other taxes or fees that are now or hereafter levied, assessed or imposed upon Tenant’s use or occupancy of the Leased Premises, the conduct of Tenant’s business at the Leased Premises, or Tenant’s equipment, fixtures, furnishings, inventory or personal property. If any such tax or fee is enacted or altered so that such tax or fee is levied against Landlord or so that Landlord is responsible for collection or payment thereof, then Tenant at Tenant's sole cost and expenseshall pay as additional rent the amount of such tax or fee.

Tenant's Improvements. Except The Tenant shall fixture the Premises to its satisfaction (the "Tenant Improvements") at Landlord's expense; provided, however, that Landlord's obligation for such Tenant Improvements shall not exceed the Fit-up Allowance on the Data Sheet unless the parties hereto agree otherwise. In that regard the Tenant has requested the Landlord to arrange with such contractor(s) that it may determine to perform the Tenant's improvements as specified in Exhibit B, Tenant's Floor Plan and Work Letter. In that regard the Landlord shall provide the Tenant with a fit-up allowance as set forth in Data Sheet Item No. 6. To the extent that the Tenant approved finishing of the Premises exceeds the fit-up allowance, (referred to as "excess fit-up") the Landlord is responsible shall pay for making improvements the cost of such excess fit-up and shall charge to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changesTenant, the estimated cost of such excess fix-up, which shall be less than $2,000), including but not limited to, paid at the installation of any fixtures, amenities, equipment, appliancesTenant's option by (i) invoice payable within thirty (30) days from Commencement Date, or other apparatus alternatively (except moveable office furniture and ordinary moveable business machines and equipment)2) by way of additional rent the amortized cost of such fit-up, without Landlord's prior written consenttogether with interest thereon at the rate of ten (10%) per centum per annum, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayedcompounded annually. All such work, alterations, decorations, installations, additions or fit-up improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord. Landlord is under no obligation to make any structural or other improvements, alterations, decoration, additions or improvements in or to the Premises except as may be mutually agreed upon between the Landlord and the Tenant. If the total cost of the Tenant Improvements shall remain upon be less than the Fit-up Allowance ("Excess Allowance"), Landlord shall pay to the Tenant the Excess Allowance by cash payment within thirty (30) days after the Tenant has commenced doing business in and be surrendered with is paying rent for the Leased Premises at Premises. In the termination event that the Landlord shall fail to pay the Excess Allowance on the date when due and shall fail to make such payment within fifteen (15) days after receipt by the Landlord of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations additional written notice from the Premises on termination of this Lease. Said items Tenant that are to be removed from such payment is due, the Premises by Tenant shall be removed at Tenant's sole cost authorized to deduct from the next payment(s) of Basic Rent due under the Lease, an amount not exceeding in aggregate the Excess Allowance. Prior to substantial completion of the Tenant Improvements, the tenant shall inspect the Premises, Landlord shall demonstrate all systems and expenseLandlord and Tenant shall prepare and execute a punchlist. The punchlist shall list incomplete, minor and insubstantial details of construction, necessary mechanical adjustments, and all damage needed finishing touches. Landlord shall complete the punchlist items within thirty (30) days after the Commencement Date. Landlord will promptly correct any latent defects as they become known to the Building and Premises caused by the installation and removal of said items shall be repairedLandlord, replaced and/or restored by or if Tenant at Tenant's sole cost and expense.notifies Landlord

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Insurance covering Tenant's (1) merchandise, (2) "Fixtures" as defined in Article 10, Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,00010.4), including but not limited tothe items specified as "Tenant's Work" in Exhibit C, the installation of any fixtures(3) "Improvements" (as defined in Article 10, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipmentSection 10.1), without Landlord's prior written consentpermitted under Article 10, and then only by contractors (4) "Personal Property" (as defined in Article 10, Section 10.3) from time to time, in, on or mechanics employed or approved by Landlordupon the Premises, such approval in an amount not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may less than ninety percent (90%) of their full replacement cost from time to time reasonably designateafter the Effective Date, providing protection against any peril included within the classification "All Risk," including, without limitation, coverage for sprinkler and flood damage and theft. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 18. All alterationspolicies of insurance provided for herein shall be issued by insurance companies with a general policyholder's rating of not less than A and a financial rating of not less than Class X as rated in the most current available "Best's" Insurance Reports, decorations, installations, additions or improvements made by either qualified to do business in the State where the Property is located. All such policies shall be issued in the name of the parties hereto upon Landlord, Landlord's property manager, Tenant, and Landlord's mortgagees or beneficiaries, which policies shall be for the Leased mutual and joint benefit and protection of Landlord, Landlord's property manager, Tenant and said mortgagees or beneficiaries. Executed copies of such policies of insurance or certificates thereof shall be delivered to Landlord within ten (10) days after the earlier of delivery of the Premises, except movable office furniture or Tenant's entry onto the Premises with Landlord's consent, and moveable office equipment put thereafter copies of renewal policies or certificates thereof shall be delivered to Landlord within thirty (30) days prior to the expiration of the term of each such policy. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent. All policies of insurance delivered to Landlord must contain a provision that the company writing said policy will give to Landlord twenty (20) days' notice in writing in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or secondary to coverage which Landlord may carry. Tenant's obligations to carry the insurance provided for above may be satisfied by inclusion of the Premises within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant; provided, however, that Landlord and Landlord's mortgagees or beneficiaries shall be named as additional insureds thereunder as their interests may appear and that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policies of insurance, and provided further that the requirements set forth herein are otherwise satisfied. Tenant agrees to permit Landlord at the expense all reasonable times to inspect any policies of insurance of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoing, which Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as has not delivered to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.

Tenant's Improvements. Except to Without the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 prior written consent of this LeaseLandlord, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant which consent shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions Tenant shall not make any alterations to the Leased Premises that (a) impair or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either compromise the structural integrity of the parties hereto upon the Leased Premises, except movable office furniture (b) reduce the overall size or the footprint of the Building, (c) reduce the overall value of the Leased Premises, or (d) that materially affect the appearance of the Leased Premises, provided, however that Tenant may, without Landlord’s consent, alter, repair, remove and moveable office equipment put install at Tenant’s sole cost and expense (i) nonstructural leasehold improvements to the interior of the Building, and (ii)the greenhouse facilities , fencing and outdoor installations as are or will be necessary for the operation of Tenant’s business (the “Permitted Improvements”) as long the Permitted Improvements are removable, not permanent in nature and do not require frost -safe footings. At least thirty (30) prior to Tenant commencing a structural alteration, Tenant shall submit to Landlord courtesy copies of a full and complete set of drawings and plans depicting the structural alteration that Tenant intends to undertake (said drawings and plans shall be reasonably detailed and, at minimum, shall be sufficient for Landlord to determine whether or not the expense proposed work complies with the foregoing requirements of this Section 9. Any alterations, improvements and additions in, or about the Leased Premises that Tenant desires to make and other items as mutually agreed which require the consent of Landlord, shall be presented at least thirty (30) days in advance of commencing work to Landlord in written form, with proposed detailed plans and specifications. Landlord’s consent shall be automatically granted if Landlord does not respond to or comment upon Tenant’s request within thirty (30) days after Landlord’s receipt of such request, plans and specifications from Tenant. Unless expressly released by Landlord in writing, all improvements or alterations, excluding those involving Personal Property, shall be and remain, at the time of expiration or other termination of this Lease, the property of Landlord and shall remain upon and be surrendered with without payment or offset unless such improvements are not attached to the Leased Premises. Landlord may require that Tenant remove any or all alterations, improvements or additions made by Tenant to the Leased Premises at the termination expiration of this Lease without molestation the Term and restore the Leased Premises to its prior condition, provided however, that or injuryany improvements or alterations which require Landlord consent, Landlord shall inform Tenant, at the time of approval of the alterations or improvements, whether such alterations or improvements will need to be removed at the expiration of the Term. Notwithstanding If Landlord shall consent to the foregoingalterations, improvements and additions or approve of the drawings and specifications therefor, as the case may be, the consent or approval shall be deemed conditioned upon Tenant acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Landlord prior to the commencement of the work and the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. No alterations, improvements or other construction by Tenant shall violate any lawful rule or regulation, plat or zoning construction or other law, ordinance or regulation applicable thereto, and all alterations and improvements shall be done and performed in good and workmanlike manner, using new and first quality materials. All costs of any such improvements shall be paid by Tenant and Tenant shall allow no liens for labor or materials to attach to the Leased Premises by virtue thereof. Tenant shall give Landlord not less than ten (10) days’ notice prior to the commencement of any work in, on or about the Leased Premises, and Landlord shall have the right to post notices of non-responsibility in or on the Leased Premises as provided by law. Upon completion of any such work, Tenant shall on termination submit to Landlord as-built plans of this Lease at its cost the improvements and expense remove alterations made (if applicable), a sworn construction statement, lien waivers from all persons or entities providing materials, services or equipment for the modular Tempest enclosure, work completed and Landlord will with its approval an endorsement to Landlord’s policy of title insurance confirming the absence of any alterations notify Tenant as liens or other matters of record related to whether the work performed. To the extent that any alterations, improvements or not Tenant will be required to remove such alterations additions result in the removal from the Premises on termination Building of this Lease. Said items that are to be removed from the Premises by Tenant any building components having salvage value and such components have not been replaced with components having equal or greater value, such salvage value shall be removed at Tenant's sole cost and expense, and all damage paid to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 Within ninety (90) days after execution of this Lease, Tenant agrees that it will make such shall submit for Landlord's approval (which shall not unreasonably be denied or delayed) preliminary plans ("Tenant's -------- Preliminary Plans") showing Tenant's proposed improvements ----------------- ("Tenant's Improvements") to the Leased Premises. If Landlord does not respond in writing and in reasonable detail to Tenant's request for approval within fifteen (15) days after Landlord's receipt thereof, then Landlord's approval shall be deemed given. Landlord shall assist and cooperate with Tenant in Tenant's efforts to obtain approval of Tenant's Preliminary Plans (to the extent necessary) by all appropriate governmental agencies. Within ten (10) days after (i) Tenant's Preliminary Plans have been approved by the appropriate governmental agencies, and (ii) Tenant has accepted possession of the Premises as it may deem necessary at its sole cost and expense. Howeverfrom Landlord, Tenant shall not make any alterationscommence construction of Tenant's Improvements, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of which construction shall be less than $2,000)completed diligently and in substantial conformity with Tenant's Preliminary Plans and in compliance with Legal Requirements. Following completion of Tenant's Improvements, including but not limited toTenant shall provide Landlord with a revised draft of Tenant's Preliminary Plans if any changes affecting structural or exterior elements of the Premises were made from the draft of Tenant's Preliminary Plans originally approved by Landlord; provided, the installation of any fixtureshowever, amenities, equipment, appliances, no such structural or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), exterior changes shall be made without Landlord's prior written consentapproval (to the extent required hereby), which Landlord shall not unreasonably withhold, delay or condition. All of Tenant's Improvements shall become part of the Premises, and then only by contractors or mechanics employed or approved by Landlord, such approval not Tenant shall have no obligation to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of remove the parties hereto same upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation expiration or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.

Tenant's Improvements. Except Landlord will cause to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Leasebe constructed, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its Tenant’s sole cost and expense, all the Tenant’s Improvements, subject to obtaining all requisite permits and consents. HoweverLandlord shall construct the Tenant’s Improvements in substantial accordance with the Final Plans and in a good and workmanlike manner in compliance with all applicable building codes in effect at the time of issuance of the building permit for the Tenant’s Improvements as interpreted by the relevant governmental authority. The Tenant’s Improvements will be designed as described in this Section 18.1. Tenant will pay all of Landlord’s direct costs of causing the Tenant’s Improvements to be designed and installed, Tenant shall not make any alterations, decorations, installations, additions or improvements to plus four percent (4%) of the Leased Premises (excluding cosmetic changes, the estimated cost sum of shall be less than $2,000), including but not limited to, the installation all such direct costs for Landlord’s overhead and profit. Such costs of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)Landlord may include, without Landlord's prior written consentlimitation, space planning costs, construction document preparation costs, design costs, construction drawing costs, general conditions, construction costs and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayedall costs Landlord incurs in connection with obtaining permits for the Tenant’s Improvements. All such work, alterations, decorations, installations, additions or improvements shall be done at The Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be ’s Improvements become the property of Landlord and a part of the Building immediately upon installation. Landlord and Tenant shall remain upon in good faith review and be surrendered approve (or disapprove), process and perform any obligation pursuant to this Lease concerning approval of the Space Plan, the Final Plans, the bid list and the Qualified Bids, and any other matters concerning the Tenant’s Improvements with all due diligence and reasonable speed including, without limitation, approvals, reviews, change orders, bids, value engineering, and inspections, with the Leased Premises at objective of facilitating the termination construction of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant Tenant’s Improvements as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensequickly as reasonably possible.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section Sections 10.2 and/or 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)which has a material adverse affect on the structure of the Building or which would preclude Tenant from complying with its obligations upon the surrender of the Premises at the expiration or sooner termination of the Term in accordance with the express terms of this Lease, without Landlord's ’s prior written consentconsent (which consent shall not be unreasonably withheld), and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designatedesignate upon mutual agreement with Tenant. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture furniture, trade fixtures, equipment, including hardware and moveable office equipment systems, and other components which may be removed without an adverse affect on Tenant’s compliance with its obligations upon the surrender of the Premises at the expiration or sooner termination of the Term in accordance with the express terms of this Lease, which were put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding anything herein to the foregoingcontrary, Tenant shall on at the expiration or sooner termination of this Lease the Term, Tenant, at its cost and expense Tenant’s expense, shall have the right to remove the modular Tempest enclosuregenerator installed by Tenant on the exterior of the Building, the UPS (uninterrupted power source equipment), the supplemental fire suppression system, the PDU (the power distribution units), raised flooring, the supplemental HVAC system, the data and telecommunications and telephone cabling and cable trays installed by the Tenant in the Premises (the “Removal Items”); provided, however, that (i) if Tenant elects to leave any of the Removal Items in the Second Floor Key Area, the exterior of the Building or in the area shown on Exhibit “F” attached hereto and made a part hereof (collectively, the “Second Floor Key Area”), as the case may be, and Landlord will with its approval desires to have any of any alterations notify Tenant as to whether or not Tenant will be required such Removal Items removed from such area(s), Landlord shall have the right to remove such alterations Removal Items and Tenant shall reimburse Landlord within thirty (30) days after receipt of a written invoice for the removal costs, together with reasonable supporting evidence, and (ii) if Tenant removes any of such Removal Items from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed Second Floor Key Area, Tenant, at Tenant's sole cost and ’s expense, shall restore the ceiling to a nine foot (9’) finished condition, with a reasonable amount of ceiling lights and all damage with the concrete floor slab in tact; provided, however, that prior to the Building and Premises caused by Commencement Date, Landlord shall have installed sufficient wiring so that no additional wiring is required in order for Tenant to comply with this Subsection 9(ii). Notwithstanding anything herein to the installation and removal of said items shall be repairedcontrary, replaced and/or restored by Tenant Landlord, at Tenant's sole cost ’s expense, shall have the right to restore the ceiling in the Second Floor Key Area to a nine foot (9’) height including sprinkler heads, provided that Landlord, at Landlord’s expense, shall install the ductwork to the area of the data and expensetelecommunications center.

Tenant's Improvements. Except to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or and/or improvements to the Leased Premises (excluding cosmetic changesPremises, the estimated cost of shall be less than $2,000)including, including but not limited to, the installation of any fixtures (except trade fixtures), amenities, equipment (except movable equipment, appliances), or other apparatus (except moveable office furniture and ordinary moveable business machines and equipmentcollectively, the "Work"), without Landlord's prior written consentconsent (which consent shall not be unreasonably withheld or delayed), and then only by contractors or mechanics employed or approved by reasonably acceptable to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements Work shall be done at Tenant's sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably and timely designate. All alterationssuch Work shall be done under the general supervision of Landlord to assure standard quality improvements on the Real Property for which Landlord shall be paid a reasonable supervisory fee, decorations, installations, additions or improvements made which supervisory fee shall be at prevailing market rates for such services (but not to exceed $150 per hour); Landlord agrees to cause such supervision to be limited to such periodic inspections as may be required based on the Work and otherwise to use its best efforts to minimize the fees in connection therewith. All such Work done by either of the parties hereto upon the Leased PremisesPremises (including those items set forth in Exhibits C-1 and C-2), except other movable office furniture and moveable office equipment trade fixtures put in at the expense of Tenant and other items as mutually agreed upon in writingTenant, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding ; provided, however, that Landlord may elect, at the foregoingtime it approves such Work, to require Tenant shall on termination of this Lease at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from all or any part of said Work (including those items set forth on Exhibits C-1 and C-2) at the Premises on termination expiration of this Lease. Said items that are to be removed from the Premises by Tenant , in which event such removal shall be removed done at Tenant's sole cost and expense. Tenant shall, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's its sole cost and expense, repair any damage to the Leased Premises and/or the Building caused by such removal or by the removal of its personalty.

Tenant's Improvements. Except Tenant shall have the right to the extent that Landlord is responsible for making make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, to the installation of any fixtures, amenities, equipment, appliances, or other apparatus the cost of which exceeds the greater of (except moveable office furniture 1) Five Dollars ($5.00) per square foot of the area being altered and ordinary moveable business machines (2) $125,000 per calendar year (increased by three and equipmentone-half percent (3.5%) each Lease Year), without Landlord's ’s prior written consentconsent (such consent not to be unreasonably conditioned, delayed or withheld), and then only by contractors or mechanics employed or reasonably approved by Landlord, Landlord and provided that Landlord is given plans and CADD drawings for such approval not to be unreasonably withheld, conditioned or delayedalterations. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord agrees to respond to Tenant’s written request for approval of the plans and specifications for any such alterations requiring Landlord’s approval within ten (10) days after delivery of the same. Landlord’s response for Tenant’s request for approval of the plans and specifications shall be in writing and, if Landlord withholds its consent to any such alterations described in any such plans and specifications, Landlord shall specify the basis for such disapproval, and Landlord will use reasonable efforts to include (but in no event shall Landlord be obligated to provide) changes to Tenant’s plans and specifications which would be required to obtain Landlord’s approval. If Landlord fails to approve or disapprove the plans and specifications submitted by Tenant within such ten (10) day period, Tenant shall provide Landlord with a second written request for approval (a “Follow-Up Request”) that specifically identifies the applicable plans and specifications and contains the following statement in bold and capital letters: “THIS IS A FOLLOW-UP REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF SECTION 10 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE PLANS DESCRIBED HEREIN, AND TENANT MAY, SUBJECT TO THE PROVISIONS OF THE LEASE, COMMENCE THE ALTERATIONS DESCRIBED IN THE PLANS.” If Landlord fails to respond to such Follow-Up Request within five (5) Business Days after receipt by Landlord of the Follow-Up Request, the plans and specifications in question shall be deemed approved by Landlord, and Tenant may, subject to the other terms of this Lease, commence such alterations described therein. If Landlord timely delivers to Tenant notice of Landlord’s disapproval of any plans and specifications, Tenant may revise Tenant’s plans and specifications and resubmit such plans and specifications to Landlord; in such event, the scope of Landlord’s review of such plans and specifications shall be limited to Tenant’s correction of the items in which Landlord had previously objected in writing. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding If Tenant fails to remove any such furniture or other personal property, Landlord shall have the foregoingright, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall on termination reimburse Landlord for the costs of this Lease such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at its cost and expense remove the modular Tempest enclosure, and Landlord will with its approval of any alterations notify Tenant as to whether or Default Rate if not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of paid within said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense30 day period.

Tenant's Improvements. Except Landlord and Tenant have approved Tenant’s Preliminary Space Plan attached as Exhibit FP. Based on such space plan, Landlord will prepare detailed plans (the “Tenant Improvement Plans”) for the construction of Tenant’s improvements in the Premises using Building standard materials and quantities (the “Tenant Improvements”) and promptly deliver the same to Tenant. Within five (5) business days after delivery of the Tenant Improvement Plans or any revision thereof to Tenant, Tenant, acting reasonably, shall either approve the same or request changes therein (any such requested changes shall be consistent with Exhibit FP and Building standard specifications). If Tenant requests changes therein, Landlord shall revise the Tenant Improvement Plans and promptly submit the revised Tenant Improvement Plans to Tenant for Tenant’s approval or disapproval as provided in the preceding sentence. Any changes to the extent that Tenant Improvement Plans requested by Tenant following Tenant’s approval of such plans shall be performed by Landlord is responsible at Tenant’s expense. Landlord’s general contractor shall obtain competitive bids from at least two subcontractors for making improvements each portion of the work (except for smaller portions of the work which Landlord or its general contractor determines appropriate not to bid) and shall award each such subcontract to the Leased Premises pursuant lowest bidder unless it has reasonable grounds to Section 34 do otherwise. Except for installation of this Leasefurniture, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost furnishings, movable equipment and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000), including but not limited to, the installation of any fixturestelephone outlets (which must be performed by a telephone company at Tenant’s direction and expense) and the installation of telephone, amenitiestelevision and computer cabling (which must be installed and removed in accordance with Rules and Regulations) and except for changes to the approved Tenant Improvement Plans described above in this Section 3.2, all work described in the approved Tenant Improvement Plans shall be performed by Landlord’s general contractor at Landlord’s expense. Tenant’s interior furnishings, i.e., specification, coordination, supply and installation of furniture, furnishings, telephone, computer and movable equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consentwill be the responsibility of Tenant. Tenant’s installation of furnishings, and then only by contractors later changes or mechanics employed or approved by Landlordadditions, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and coordinated with any work being performed by Landlord in such manner as Landlord may from time to time reasonably designatemaintain harmonious labor relations and so not to damage the Building or unreasonably interfere with Building operations. All alterations, decorations, installations, additions or improvements made by either Tenant shall have access to the Premises during construction of the parties hereto upon Tenant Improvements to permit Tenant to install its equipment when construction of the Leased PremisesTenant Improvements has been sufficiently completed for Tenant do so, provided the same shall not unreasonably interfere with Landlord’s construction of the Tenant Improvements. The Tenant Improvements shall be part of the Building and shall not be removed, except movable office furniture and moveable office equipment put in that at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination expiration of this Lease without molestation or injury. Notwithstanding the foregoing, Tenant shall remove such portions thereof as Landlord shall have specified at the time of preparation of the Tenant Improvement Plans. Landlord agrees to use reasonable efforts to substantially complete construction of the Tenant Improvements as provided in this Article IV on termination of this Lease at its cost and expense remove or before the modular Tempest enclosureCommencement Date, and Landlord will with its approval which date shall, however, be extended for a period equal to that of any alterations delays in the substantial completion of the Tenant Improvements due to causes beyond Landlord’s reasonable control. The Tenant Improvements shall be constructed in accordance with all applicable legal requirements. Upon substantial completion of the Tenant Improvements, Landlord and Tenant shall prepare a punchlist of unfinished items. Landlord shall promptly complete such unfinished items. The Tenant Improvements shall be deemed substantially complete on the date on which (i) construction of the same shall have been substantially completed (with the exception of items that can be completed without material interference to the conduct of Tenant’s business in the Premises) and (ii) a certificate of occupancy (or sign off) shall have been issued by the City of Boston, provided, however, that the requirement of the issuance of a certificate of occupancy (or sign off) by the City of Boston shall be waived and substantial completion shall be deemed to have occurred if the same cannot be obtained or such construction has not been substantially completed due to delays caused by Tenant (each, a “Tenant Delay Event”), including, without limitation, change orders, lack of timely cooperation by Tenant, or action with respect to the Tenant Improvement Plans, long lead time items in the Tenant Improvement Plans or any other actions or inactions by Tenant that may prevent Landlord from completing (or that may delay) any construction to be performed by it or its general contractor. Within five (5) business days of a Tenant Delay Event (except as otherwise expressly provided below), Landlord shall notify Tenant as in writing of the Tenant Delay Event. The failure of Landlord to whether or not notify Tenant will be required to remove such alterations of a Tenant Delay Event precludes Landlord from the Premises on termination claiming Tenant-caused delays in substantial completion of this Lease. Said items that are to be removed from the Premises Tenant Improvements, other than any delay by Tenant in reviewing or responding to Tenant Improvement Plans or any revision thereof, which delay shall automatically be removed at a Tenant Delay Event without need for notice to Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense.

Tenant's Improvements. Except Landlord shall deliver possession of the Demised Premises to Tenant on or before the Projected Turnover Date. The date Landlord actually tenders possession of the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the extent that Landlord is responsible for making improvements to the Leased Premises pursuant to provisions of Section 34 of this Lease25.2 below, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions of this Lease, including, without limitation, the provisions of Article 8 hereof. HoweverAll work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior to the Commencement Date, is hereinafter referred to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall not make any alterations, decorations, installations, additions or improvements submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the Leased Premises commencement of Tenant’s Work (excluding cosmetic changes, the estimated cost of which approval shall be less than $2,000), including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment), without Landlord's prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, as provided in Article 8). All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's sole expense and at such times and In the event Tenant elects to employ an engineer designated by Landlord in such manner as Landlord may from time to time reasonably designate. All alterations, decorations, installations, additions or improvements made by either the preparation of any portion of the parties hereto upon plans, or for the Leased Premises, except movable office furniture and moveable office equipment put in at the expense performance of Tenant and other items as mutually agreed upon in writing, shall be the property any portion of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding the foregoingTenant’s Work, Tenant shall on termination employ and be responsible for all fees of this Lease at its said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense remove incurred by Landlord relative to such engineering review (the modular Tempest enclosure“Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord will with its approval shall not be entitled to payment of any alterations notify other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant as shall not permit noise from construction of Tenant’s Work to whether unreasonably or not materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant will or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be required subject to remove such alterations from all of the Premises on termination terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. Said items that are to be removed from In addition, during normal construction hours for the Premises by duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be removed allowed to use, at no cost to Tenant's sole cost , the freight elevator in the Building for the purposes of moving materials, equipment and expense, and all damage personnel to the Building Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expense’s sub-contractors on a non-exclusive basis during normal business hours.

Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant shall make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval . Landlord’s prior written consent shall not to be unreasonably withheld; such reasonable standard shall be based on FDA GMP (good manufacturing practices) and industry standards for associated research and development space; provided, conditioned however, Tenant shall make no alterations or delayedimprovements to the Premises that impair or weaken the structural integrity of the Building. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designateapprove. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Upon request by Landlord, Tenant, at Tenant’s expense, shall remove any and all special improvements to the Premises or Common Areas made by or on behalf of Tenant, including, without limitation, supplemental HVAC and raised flooring. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the costs of such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the date the costs were incurred by Landlord. Notwithstanding the foregoing, (a) if this Lease is terminated prior to the expiration of the First Renewal Term, Tenant shall on termination reimburse Landlord for up to $150,000 of Landlord’s costs in restoring the specialty biotechnical alterations and improvements to the Premises and Tenant shall have no other restoration obligations, and (b) if this Lease at its cost and expense remove is terminated on or after the modular Tempest enclosureend of the First Renewal Term, and Landlord will with its approval of any alterations notify Tenant as to whether or not Tenant will be required to remove such alterations from the Premises on termination of this Lease. Said items that are to be removed from the Premises by Tenant shall be removed at Tenant's sole cost and expense, and all damage have no obligation to restore or to reimburse Landlord for restoration of the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expensePremises.

Tenant's Improvements. Except to the extent that Landlord is responsible for making Tenant shall make such non-structural improvements to the Leased Premises pursuant to Section 34 of this Lease, Tenant agrees that it will make such improvements to the Leased Premises as it may deem necessary at its sole cost and expense. However, Tenant shall not make any alterations, decorations, installations, additions or improvements to the Leased Premises (excluding cosmetic changes, the estimated cost of shall be less than $2,000)Premises, including but not limited to, the installation of any fixtures, amenities, equipment, appliances, or other apparatus (except moveable office furniture and ordinary moveable business machines and equipment)apparatus, without Landlord's ’s prior written consent, and then only by contractors or mechanics employed or approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. All such work, alterations, decorations, installations, additions or improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Landlord’s consent to and/or approval of Tenant’s plans and specifications for the aforesaid improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, decorations, installations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture and moveable office equipment put in at the expense of Tenant and other items as mutually agreed upon in writing, shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease without molestation or injury. Notwithstanding Upon request by Landlord, Tenant, at Tenant’s expense, shall remove from the foregoing, Tenant shall on Premises upon the termination of this Lease at its cost Lease, (i) the walls and expense remove doors of the modular Tempest enclosuresecurity storage room in the Premises and repair any damage caused by such removal by Tenant of such walls and doors, and (ii) any and all special improvements made by Tenant in the Premises after the date of this Lease if Landlord will with its notified Tenant in writing at the time of the approval by Landlord of any alterations notify such special improvements that Tenant as to whether or not Tenant will would be required to remove such alterations special improvements from the Premises on upon the termination of this Lease. Said items that are Tenant shall repair any damage caused by Tenant vacating the Premises. Except as provided in the two immediately preceding sentences, Tenant shall not be liable for any costs associated with any restoration of the Premises to be removed the condition in which it existed at any other time. If Tenant fails to remove any such items, Landlord shall have the right, but not the obligation, to remove and dispose of such items, and restore the Premises accordingly and Tenant shall reimburse Landlord for the actual costs paid by Landlord for such removal, disposal and restoration within thirty (30) days after receipt of an invoice therefore, together with interest at the Default Rate, which shall accrue from the Premises date the costs were actually paid by Tenant shall be removed at Tenant's sole cost and expense, and all damage to the Building and Premises caused by the installation and removal of said items shall be repaired, replaced and/or restored by Tenant at Tenant's sole cost and expenseLandlord.