Common use of Tenant's Obligations Before Commencement Date Clause in Contracts

Tenant's Obligations Before Commencement Date. Landlord has made available to Tenant and to Tenant's architect and space planning consultants, Landlord's plans and specifications for Landlord's Work ("Landlord's Building Plans"). Not later than thirty (30) days after receipt of Landlord's Building Plans, Tenant will deliver to Landlord Tenant's proposed plans and specifications for Tenant's Work in such detail as Landlord may reasonably require (a "Preliminary Submittal"). Within ten (10) business days after receipt of the Preliminary Submittal, Landlord shall notify Tenant of any nonconformity's with the Work Letter, Landlord's Plans or any other failure to meet with Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall, within fifteen (15) days after receipt of any such notice, submit "Final Construction Documents" based upon the Preliminary Submittal and incorporating Landlord's comments thereto. Landlord shall notify Tenant of its approval or disapproval of the Final Construction Documents within ten (10) days after receipt. Upon approval, Landlord shall return one (1) set of approved Final Construction Documents to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2". Approval of construction documents by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, or compliance with applicable codes, and Tenant shall be solely responsible for such construction documents and for obtaining all governmental approvals which are required for Tenant's Work. Tenant shall not commence any of Tenant's Work until Landlord has approved Tenant's Final Construction Drawings in writing. During the construction of Tenant's Work, Landlord shall cooperate and shall cause its contractors to cooperate in good faith with Tenant and its contractors, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no later than June 15, 1996, Tenant shall complete Tenant's Work by November 15, 1996 (the "Required Completion Date"). Landlord shall give Tenant five (5) days prior written notice of the Delivery Date, such Delivery Date being the date upon which (i) Landlord's Work in the Premises has been substantially completed in accordance with the requirements therefor and (ii) the Premises are available for the commencement of Tenant's Work. If the Delivery Date is later than June 15, 1996, the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions of this paragraph shall relieve Landlord of its obligations under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for business on or before such date, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease or the Premises.

Tenant's Obligations Before Commencement Date. The parties acknowledge that Landlord has made available delivered to Tenant a drawing of the Premises and to Tenanta copy of the Tenant Handbook prepared by Landlord's architect and space planning consultants, Landlord's plans and specifications for Landlord's Work (hereinafter referred to as "Landlord's Building PlansTenant Handbook"). Not later than thirty Within forty-five (3045) days after the date of this Lease, Tenant will submit to Landlord one (1) reproducible set (sepia) and 4 copies of Tenant's Plans and specifications, prepared by a registered architect or engineer, of all Tenant's Work to be done within the Premises, prepared in conformity with Exhibit "C" and the Tenant Handbook. Within fifteen (15) days after receipt of Landlord's Building Plans, Tenant will deliver to Landlord Tenant's proposed plans and specifications for Tenant's Work in such detail as Landlord may reasonably require (a "Preliminary Submittal"). Within ten (10) business days after receipt of the Preliminary SubmittalPlans, Landlord shall notify Tenant of any nonconformity's with the Work Letter, Landlordfailures of Tenant's Plans to conform to Exhibit "C," the Tenant Handbook or any other failure otherwise to meet with Landlord's reasonable approval, to the extent the same is required by an express provision of this Lease. Tenant shall, shall within fifteen (15) days after receipt of any such notice, submit "Final Construction Documents" based upon notice cause Tenant's Plans to be revised to the Preliminary Submittal and incorporating extent necessary to obtain Landlord's comments theretoreasonable approval and resubmitted for Landlord's approval. When Landlord shall notify Tenant of its approval has approved the original or disapproval of the Final Construction Documents within ten (10) days after receipt. Upon approvalrevised Tenant's Plans, Landlord shall initial and return one (1) set of approved Final Construction Documents Tenant's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2". C-2." Approval of construction documents plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, or compliance with applicable codes, codes and Tenant shall be solely responsible for such construction documents plans and for obtaining all governmental approvals which are required for Tenant's Work. Tenant shall not commence any of Tenant's Work until Landlord has approved Tenant's Final Construction Drawings in writing. During the construction of Tenant's Work, Landlord shall cooperate and shall cause its contractors to cooperate in good faith with Tenant and its contractors, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no later than June 15, 1996, Tenant shall complete Tenant's Work by November 15, 1996 (the "Required Completion Date")specifications. Landlord shall give Tenant five (5) days prior written notice of the Delivery Date, such Delivery Date being the date upon which (i) Landlord's Work in the Premises has been substantially completed in accordance with the requirements therefor and (ii) the Premises are available for the commencement of Tenant's Work. If the Delivery Date is later than June 15, 1996, the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord not unreasonably withhold or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions of this paragraph shall relieve Landlord of its obligations under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for business on or before such date, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease or the Premises.approval of

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord has made available shall deliver to Tenant a drawing of the Premises and a copy of the Tenant Information Handbook and the same shall become a part hereof by this reference as Exhibit "B-1" (hereinafter referred to as "Handbook"). On or before the later of (i) June 1, 1999 or (ii) Within forty five (45) days after Tenant receives a fully executed original the date of this Lease or the date of receipt of a drawing of the Premises and Tenant's architect Handbook, whichever is later, Tenant will submit to Landlord one (1) reproducible set (sepia) and space planning consultants, Landlord's 3 copies of plans and specifications for Landlordspecifications, prepared by a registered architect or engineer, of all Tenant's Work to be done within the Premises (hereinafter called "LandlordTenant's Building Plans"), prepared in conformity with Exhibit "B" and the Handbook. Not later than Within thirty (30) days after receipt of Landlord's Building Plans, Tenant will deliver to Landlord Tenant's proposed plans and specifications for Tenant's Work in such detail as Landlord may reasonably require (a "Preliminary Submittal"). Within ten (10) business days after receipt of the Preliminary SubmittalPlans, Landlord shall notify Tenant of any nonconformity's with the Work Letter, Landlordfailures of Tenant's Plans to conform to Exhibit "B," the Handbook or any other failure otherwise to meet with Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall, shall within fifteen (15) days after receipt of any such notice, submit notice cause Tenant's Plans to be revised to the extent necessary to conform to Exhibit "Final Construction DocumentsB" based upon or the Preliminary Submittal and incorporating Handbook obtain Landlord's comments theretoapproval and resubmitted for Landlord's approval. When Landlord shall notify Tenant of its approval has approved the original or disapproval of the Final Construction Documents within ten (10) days after receipt. Upon approvalrevised Tenant's Plans, Landlord shall initial and return one (1) set of approved Final Construction Documents Tenant's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2". ." Approval of construction documents plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, sufficiency or compliance conformity with applicable codeslaws (including but not limited to the Americans with Disabilities Act of 1990 and the Williams-Steiger Occupational Safxxx xxx Xxxxxx Act), and Tenant shall be solely responsible for such construction documents plans and for obtaining all governmental approvals which are required for Tenant's Workspecifications. Tenant shall not commence any of Tenant's Work until Landlord has approved Tenant's Final Construction Drawings Exhibit "B-2," unless prior Landlord approval has been obtained in writing. During Notwithstanding anything to the construction contrary contained in the Handbook, (i) Tenant shall not be required to make any plan submissions earlier than as required pursuant to the terms and provisions of this Lease, (ii) Tenant shall not be required to post, or to cause its contractor to post, a payment or performance bond or other bond of any kind, (iii) Landlord shall not have a right of approval with respect to the identity of Tenant's contractor(s), (iv) except for Landlord's right to approve plans and specifications for Tenant's Work, Landlord shall cooperate and shall cause its contractors not have the right to cooperate in good faith with Tenant and its contractorsdesign Tenant's store or any portion thereof, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no later than June 15, 1996, (v) Tenant shall complete not be required to pay Landlord for any item of work, installation or service, or any other sum whatsoever, that is not specifically and expressly provided for (including the amount thereof) in the terms and provisions of this Lease, (vi) Tenant shall not be required to include within Tenant's Work any work not specifically required to be performed pursuant to this Lease, (vii) there shall be no restriction on Tenant's use or placement of fixtures, signs, advertisements, notices or decals except as specifically set forth in this Lease, (viii) Tenant's obligation to use Landlord or a particular contractor for the performance of any part of Tenant's Work is conditioned upon Landlord or such contractor charging a competitive fee for its work or service and being available to perform work or provide materials to Tenant when needed by November 15Tenant, 1996 (ix) Tenant's obligation to incorporate design suggestions and comments of Landlord or its tenant coordinator is limited to those suggestions and comments which are requried in order for the "Required Completion Date")plans and specifications to conform to the Handbook and this Lease, (x) Tenant shall not be obligated to use union labor unless failure to do so is likely to cause labor unrest or a work stoppage with respect to the Center, (xi) in the event of any conflict between this Lease and the Handbook, this Lease shall control, and (xii) in the event of any conflict between the Handbook and the approved Tenant's Plans, the approved Tenant's Plans shall control. Landlord shall give notify Tenant five not less than fifteen (515) days prior written notice in advance of the Delivery Date, time when Tenant can commence Tenant's Work; and Tenant shall commence such Delivery Date being work not later than the date upon which specified in such notice (i) although Landlord may not have completed Landlord's Work on such date and may be in the Premises has been substantially completed concurrently with Tenant), complete the same in strict accordance with the requirements therefor Exhibits "B" and (ii) the Premises are available "B-2," install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for the commencement of Tenant's Work. If the Delivery Date is business therein not later than June 15, 1996, the Commencement Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant or for any delay in commencing or completing any within eighteen (18) months two (2) years of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions date of this paragraph shall relieve Landlord of its obligations under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for business on or before such dateLease, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord automatically shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, become null and void and neither party shall otherwise have any rights against liability or obligations obligation to the other with respect to this Lease or the Premiseshereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord has made available shall deliver to Tenant a Tenant Information Package (including a dimensioned drawing of the Premises and to Tenant's architect and space planning consultants, Landlord's plans and specifications for Landlord's Work ("Landlord's Building Plans"a copy of the Tenant Information Handbook). Not later than thirty Within sixty (3060) days after receipt the execution date of Landlord's Building Plansthis Lease, Tenant will deliver to Landlord Tenant's proposed plans and specifications for Tenant's Work make a Preliminary Submittal (as defined in such detail as Landlord may reasonably require (a "Preliminary Submittal"the Tenant Information Package). Within ten (10) business days after receipt of the Preliminary Submittal, Landlord shall notify Tenant of any nonconformity's nonconformities with Exhibit "C", the Work Letter, Landlord's Plans Tenant Information Handbook or any other failure to meet with Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall, shall within fifteen (15) 15 days after receipt of any such notice, notice submit "Final Construction Documents" Documents based upon the Preliminary Submittal and incorporating Landlord's comments thereto. Landlord shall notify Tenant of its approval or disapproval of the Final Construction Documents within ten (10) 10 days after receipt. Upon approval, Landlord shall return one (1) set of approved Final Construction Documents to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2C-2". Approval of construction documents by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or of sufficiency, or compliance with applicable codes, codes and Tenant shall be solely responsible for such construction documents and for obtaining all governmental approvals which are required for Tenant's Workdocuments. Tenant shall not commence any of Tenant's Work until Landlord has approved Tenant's Final Construction Drawings Exhibit "C-2", unless prior Landlord approval has been obtained in writing. During the construction of Tenant's Work, Landlord shall cooperate use all reasonable efforts to deliver possession of the Premises to Tenant, with Landlord's Work substantially completed and shall cause its contractors to cooperate in good faith with Tenant and its contractors, to the end that construction may be completed as promptly as possible. Provided ensure that the Delivery Dateexisting tenant has vacated on or before January 7, as hereinafter defined1998 , is but in no event later than June 15February 7, 1996, Tenant shall complete Tenant's Work by November 15, 1996 (the "Required Completion 1998("Delivery Date"). Landlord shall give Tenant five (5) days prior written notice not be deemed to have delivered possession of the Delivery Date, such Delivery Date being the date upon which (i) Premises unless Landlord has substantially completed Landlord's Work as set forth in Exhibit "C" and the Premises existing tenant has been substantially completed in accordance with the requirements therefor and (ii) the Premises are available for the commencement of Tenantvacated. Landlord's Work. If the Delivery Date is later than June 15, 1996, the Required Completion Date Work shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions of this paragraph shall relieve Landlord of its obligations under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for business on or before such date, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease or the Premises.deemed

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord has made available shall deliver to Tenant a drawing of the Premises and to Tenanta copy of the Tenant Handbook prepared by Landlord's architect and space planning consultants, Landlord's plans and specifications for Landlord's Work (hereinafter referred to as "Landlord's Building PlansTenant Handbook"). Not later than Within sixty (60) days after the date of this Lease, Tenant will submit to Landlord one (1) reproducible set (sepia) and 4 copies of Tenant's Plans and specifications, prepared by a registered architect or engineer, of all Tenant's Work to be done within the Premises, prepared in conformity with Exhibit "C" and the Tenant Handbook. Within thirty (30) days after receipt of Landlord's Building Plans, Tenant will deliver to Landlord Tenant's proposed plans and specifications for Tenant's Work in such detail as Landlord may reasonably require (a "Preliminary Submittal"). Within ten (10) business days after receipt of the Preliminary SubmittalPlans, Landlord shall notify Tenant of any nonconformity's with the Work Letter, Landlordfailures of Tenant's Plans to conform to Exhibit "C," the Tenant Handbook or any other failure otherwise to meet with Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall, shall within fifteen thirty (1530) days after receipt of any such notice, submit "Final Construction Documents" based upon notice cause Tenant's Plans to be revised to the Preliminary Submittal and incorporating extent necessary to obtain Landlord's comments theretoapproval and resubmitted for Landlord's approval. When Landlord shall notify Tenant of its approval has approved the original or disapproval of the Final Construction Documents within ten (10) days after receipt. Upon approvalrevised Tenant's Plans, Landlord shall initial and return one (1) set of approved Final Construction Documents Tenant's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2". C-2." Approval of construction documents plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, or compliance with applicable codes, codes and Tenant shall be solely responsible for such construction documents plans and for obtaining all governmental approvals which are required for Tenant's Workspecifications. Tenant shall not commence any of Tenant's Work until Landlord has approved Tenant's Final Construction Drawings Exhibit "C-2," unless prior Landlord approval has been obtained in writing. During the construction Landlord's review and approval of Tenant's WorkPlans shall not be unreasonably withheld or delayed. Within fifteen (15) days after the later of the date of this Lease or the date Tenant's Plans have been approved by Landlord, Landlord shall cooperate notify Tenant that Tenant can commence Tenant's Work; and Tenant shall cause its contractors to cooperate in good faith with Tenant and its contractors, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no commence such work not later than June 15the date specified in such notice, 1996complete the same in strict accordance with Exhibits "C" and "C-2," install all store and trade fixtures, Tenant shall complete Tenant's Work by November 15equipment, 1996 (stock in trade, merchandise and inventory, and open for business therein not later than the "Required Completion Date"). Landlord shall give Tenant five (5) days prior written notice 150th day after the last to occur of the Delivery Date, such Delivery Date being the date upon which following: (i) Landlord's Work in the Premises a fully-executed copy of this Lease has been substantially completed in accordance with the requirements therefor and delivered to Tenant, (ii) Tenant's Plans have been approved by Landlord provided Tenant timely submits the same to Landlord for Landlord's review, (iii) Landlord has notified Tenant that the Premises are available ready for the commencement of Tenant's Work. If , (iv) Tenant has received a building permit provided Tenant promptly applies for such building permit and diligently pursues such application for approval, and (v) Tenant has received an On-Sale Liquor License from the Delivery Date is later than June 15City of Bloomington provided Tenant promptly applies for such liquor license and diligently pursues such application for approval, 1996, which applicable day shall be the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions of this paragraph shall relieve work Landlord of its obligations is to perform or is authorized by Tenant to perform under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997Exhibit "C", or if the Hotel (including the casino) does not open for business on or before such date, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease the Center or any other part or all of the Premises.Total

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord has made available shall deliver to Tenant a drawing of the Premises and to a copy of the Tenant's architect Information Handbook (which shall become a part hereof by this reference as Exhibit "C-l" and space planning consultantshereinafter referred to as "Handbook"). Within 45 days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant's Handbook, Landlord's whichever is later, Tenant will submit to Landlord one (1) reproducible set and 3 copies of plans and specifications for Landlordspecifications, prepared by a registered Architect or Engineer licensed in the state of the project, of all Tenant's Work to be done within the Premises (hereinafter called "LandlordTenant's Building Plans"), prepared in conformity with Exhibit "C" and the Handbook. Not later than Within thirty (30) days after receipt of Landlord's Building Plans, Tenant will deliver to Landlord Tenant's proposed plans and specifications for Tenant's Work in such detail as Landlord may reasonably require (a "Preliminary Submittal"). Within ten (10) business days after receipt of the Preliminary SubmittalPlans, Landlord shall notify Tenant of any nonconformity's with the Work Letter, Landlordfailures of Tenant's Plans to conform to Exhibit "C," the Handbook or any other failure otherwise to meet with Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall, shall within fifteen (15) 15 days after receipt of any such notice, submit "Final Construction Documents" based upon notice cause Tenant's Plans to be revised to the Preliminary Submittal and incorporating extent necessary to obtain Landlord's comments theretoapproval and resubmitted for Landlord's approval. When Landlord shall notify Tenant of its approval has approved the original or disapproval of the Final Construction Documents within ten (10) days after receipt. Upon approvalrevised Tenant's Plans, Landlord shall initial and return one (1) set of approved Final Construction Documents Tenant's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2". C-2." Approval of construction documents plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, sufficiency or compliance conformity with applicable codeslaws, and Tenant shall be solely responsible for such construction documents plans and for obtaining all governmental approvals which are required for Tenant's Workspecifications. Tenant shall not commence any of Tenant's Work until Landlord has approved Tenant's Final Construction Drawings Exhibit "C-2," unless prior Landlord approval has been obtained in writing. During the construction of Tenant's Work, Landlord shall cooperate and shall cause its contractors to cooperate notify Tenant not less than 15 days in good faith with advance of the time when Tenant and its contractors, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no later than June 15, 1996, Tenant shall complete can commence Tenant's Work by November 15, 1996 (the "Required Completion Date"). Landlord whereby it certifies that it has substantially completed all of Landlord's Work; and Tenant shall give Tenant five (5) days prior written notice of the Delivery Date, commence such Delivery Date being work not later than the date upon which specified in such notice (i) although Landlord may not have completed Landlord's Work on such date and may be in the Premises has been substantially completed concurrently with Tenant), complete the same in strict accordance with Exhibits "C" and "C-2," install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein subject to the requirements therefor and last paragraph of Section 4.1 not later than the 90TH day after the earlier of (iia) the date specified in such notice as the date when Tenant can commence Tenant's Work or (b) the date Landlord has notified Tenant that the Premises are available ready for the commencement of Tenant's Work. If the Delivery Date is later than June 15, 1996, Work which applicable day shall be the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions of this paragraph shall relieve Landlord of its obligations under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for business on or before such date, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease or the Premises.

Tenant's Obligations Before Commencement Date. Landlord has made available delivered to Tenant and Tenant acknowledges receipt of the Tenant Information Package which is deemed incorporated herein by this reference (hereinafter referred to Tenant's architect as “Tenant Information Package”). Notwithstanding anything in this Lease to the contrary, in the event of any conflict or inconsistency between any terms, provisions or requirements of the Tenant Information Package and space planning consultantsany terms, Landlord's provisions or requirements of this Lease (disregarding its references to the Tenant Information Package), then the terms, provisions and requirements of this Lease shall govern and control. Tenant will electronically submit to Landlord Adobe pdf files of plans and specifications for Landlord's prepared by a registered architect or engineer, of all or parts of the Work ("Landlord's Building hereinafter called “Tenant’s Plans"”), prepared in conformity with this Exhibit and/or Exhibit D-1 and the Tenant Information Package. Not later than thirty (30) days after receipt of Landlord's Building PlansLandlord acknowledges that Tenant intends to complete the Work on a fast-track, design-build basis and that Tenant will deliver may submit to Landlord Tenant's proposed plans and specifications ’s Plans for different portions of the Work at different times, to allow performance of the Work to commence prior to finalizing all of Tenant's ’s Plans for all of the Work. (The foregoing procedure shall not be construed to permit Tenant to complete any part of the Work in if the Tenant’s Plans for such detail as Landlord may reasonably require (a "Preliminary Submittal"). part of the Work are not first approved by Landlord.) Within ten (10) business days Business Days after receipt of the Preliminary SubmittalTenant’s Plans, Landlord shall notify Tenant of any nonconformity's with failures of Tenant’s Plans to conform to Exhibit D-1, the Work Letter, Landlord's Plans Tenant Information Package or any other failure otherwise to meet with Landlord's ’s approval, which approval Landlord shall not unreasonably withhold, condition or delay. If Landlord disapproves of Tenant’s Plans, then Landlord’s notice of disapproval shall specify in reasonable detail the reasons for such disapproval. If Landlord does not notify Tenant of disapproval within said five (5) Business Days (including such reasonable details of the reasons for disapproval), then Tenant will send Landlord a second request for its approval or disapproval. If Landlord does not notify Tenant of disapproval within an additional three (3) Business Days after receipt of the additional notice, then Landlord shall be conclusively deemed to the extent the same is required by an express provision of this Leasehave approved Tenant’s Plans. Tenant shall, shall within fifteen (15) days after receipt of any such notice, submit "Final Construction Documents" based upon notice cause Tenant’s Plans to be revised to the Preliminary Submittal extent necessary to obtain Landlord’s approval and incorporating resubmitted for Landlord's comments thereto’s approval. Landlord shall notify Tenant whether it approves the revised Tenant’s Plans within three (3) Business Days after Tenant’s submission thereof. If Landlord disapproves of such revised Tenant’s Plans, then Landlord shall notify Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Tenant shall, within five (5) Business Days after such notice, further revise such Tenant’s Plans in accordance with Landlord’s objections and submit to Landlord for its review and approval. If Landlord does not notify Tenant of disapproval within said three (3) Business Days (including such reasonable details of the reasons for disapproval), then Tenant will send Landlord a second request for its approval or disapproval. If Landlord does not notify Tenant of disapproval within an additional three (3) Business Days after receipt of the Final Construction Documents within ten (10) days after receiptadditional notice, then Landlord shall be conclusively deemed to have approved Tenant’s Plans. Upon approvalWhen Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Final Construction Documents Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit "B-2"reference. Approval of construction documents plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency, sufficiency or compliance conformity with applicable codeslaws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and Tenant shall be solely responsible for such construction documents all plans and for obtaining all governmental approvals which are required for specifications, including, without limitation, the Tenant's Work’s Plans. Tenant shall not commence any part of Tenant's ’s Work until Landlord has approved Tenant's Final Construction Drawings ’s Plans for such part of the Work, unless prior Landlord approval has been obtained in writing. During Subject to Tenant’s compliance with this Exhibit and the construction of Tenant's Work, Landlord shall cooperate and shall cause its contractors to cooperate in good faith with Tenant and its contractors, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no later than June 15, 1996Lease, Tenant shall complete Tenant's may commence the Work by November 15, 1996 (the "Required Completion Date"). Landlord shall give Tenant five (5) days prior written notice immediately following Landlord’s delivery of the Delivery Date, such Delivery Date being the date upon which (i) Landlord's Work Premises to Tenant in the Premises has been substantially completed condition required under the Lease. Tenant will complete the Work in accordance with the requirements therefor Exhibit D-1 (subject to change orders approved by Tenant and (ii) the Premises are available for the commencement of Tenant's Work. If the Delivery Date is later than June 15Landlord), 1996, the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord install all trade fixtures and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery equipment and use commercially reasonable efforts to Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the foregoing provisions of this paragraph shall relieve Landlord of its obligations under the final sentence of the preceding paragraph; and (ii) if the Delivery Date does not occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for commence business on or before such date, then Tenant may terminate this Lease by notice given to Landlord operations therein not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease or the PremisesRent Commencement Date.

Tenant's Obligations Before Commencement Date. Landlord has made available to Tenant and to Tenant's architect and space planning consultants, Landlord's plans and specifications for Landlord's Work A Within forty-five ("Landlord's Building Plans"). Not later than thirty (3045) days after Tenant's receipt of Landlord's Building Plansa fully executed copy of this Lease, Tenant will deliver make a Preliminary Submittal consisting of the necessary sketches and diagrams of the improvements to be constructed by Tenant at the Premises. Together with the Preliminary Submittal, Tenant shall provide Landlord Tenant's proposed plans and specifications for with satisfactory evidence that upon completion of Tenant's Work the noise levels shall be no more than the current ambient noise levels in such detail as Landlord may reasonably require (the casino area below Tenant's space or within the stores across from or adjacent to the Premises and that the noise level in the area of the Center immediately outside of Tenant's space will be at a "Preliminary Submittal")level acceptable to Landlord. Within ten (10) business days after receipt afterreceipt of the Preliminary Submittal, Landlord shall notify Tenant of any nonconformity's nonconformities with Exhibit "B", whether the Work Letternoise levels are acceptable to Landlord, Landlord's Plans or any other failure to meet with Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall, shall within fifteen thirty (1530) days after receipt of any such notice, notice submit "Final Construction Documents" Documents based upon the Preliminary Submittal and incorporating Landlord's comments thereto. Landlord shall notify Tenant of its approval or disapproval of the Final Construction Documents within ten (10) days afterreceipt. Within ten (10) days after receiptreceipt of any notice of disapproval, Tenant shall cause the Final Construction Documents to be revised to correct those matters of which Landlord disapproved and shall re-submit the same to Landlord for approval. Any changes necessary to meet Landlord's approval shall be at Tenant's expense. Upon approval, Landlord shall return one (1) set of approved Final Construction Documents to Tenant Tenant, and the same shall become a part hereof by this reference as Exhibit "B-2B-1". B. Approval of construction documents by Landlord shall not constitute the The assumption of any responsibility by Landlord for their accuracy or sufficiency, or compliance with applicable codeslaws, regulations, codes and ordinances ("Legal Requirements) nor any liability for the proper and safe construction thereof. Tenant shall be solely responsible for such construction documents documents, their compliance with Legal Requirements and for obtaining all governmental approvals which are required for the proper and safe construction of the premises. Landlord's approval of Tenant's WorkPlans shall constitute Landlord's agreement that Tenant's Plans conform to Exhibit "B". Unless prior Landlord approval has been obtained in writing, Tenant shall not commence any of Tenant's Work until Landlord has approved Exhibit "B-1", the Construction Account has been funded and all documents required in connection therewith have been delivered and the Construction Permits (as defined below) shall have been issued. C. After the Final Construction Documents have been approved by Landlord, Tenant shall promptly file with all governmental and quasi- governmental authorities having jurisdiction over the applicable matter ("Governmental Authorities") and diligently seek to secure all necessary governmental approvals and permits for the commencement of construction as provided in the Final Construction Documents (such approvals and permits collectively, the "Construction Permits"). If Tenant is unable, after using all commercially reasonable efforts, to obtain the construction Permits within one hundred twenty (120) days after the date hereof, Tenant may elect to terminate this Lease by written notice to Landlord given within ten (10) days thereafter. If Tenant, with Landlord's prior approval, has commenced work in the Premises, Tenant shall restore the same to the condition existing prior to such termination and shall pay for all utility charges or other amounts accruing under the Lease prior to such date. Upon such restoration and payment, this Lease shall terminate and neither party shall have any further obligation to the other. Time shall be of the essence with regard to delivery of the termination notice provided for hereunder. D. Tenant shall at its sole cost and expense commence the construction Of Tenant's Work and then proceed diligently with the completion of the Tenant's Work in accordance with (i) the Final Construction Drawings Documents, (ii) the terms and provisions of the Lease, and (iii) the requirements of all Governmental Authorities and the applicable Board of Fire Underwriters. Tenant shall make no changes to the Final Construction Documents without Landlord's prior written consent. Tenant will assure that no liens are filed against the Premises or the Center in writingaccordance with Section 10.3 of this Lease. During If Tenant relocates or otherwise affects any of the utilities, ducts, heat, air conditioning, ventilation or other systems currently located within the Premises that serve other areas of the Project, all such work shall not cause any more than a deminimis disruption or alteration of the services provided to such other areas. If Tenant's Work adversely affects any other areas of the Project, Tenant shall promptly, and at it sole cost and expense, remedy the same and indemnify, defend and hold Landlord, Overlandlord and their respective agents, employees, members, officers, directors and mortgagees, if any, harmless from and against any and all liability, loss, liens, claims, demands, damages, costs, expenses, fees (including reasonable attorneys' fees), fines, penalties, suits, judgments, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with the performance of Tenant's Work. E. Tenant's Work shall be performed by Xxxxxx Associates or such other contractor as shall be approved in writing by Landlord (the Contractor") under a Cost Plus Fee construction contract (the 'Construction Contract"). Promptly after issuance of the Construction Permits and prior to the commencement of Tenant's Work, Tenant shall provide Landlord shall cooperate and shall cause its contractors with evidence of the establishment of a segregated interest bearing account in the amount of $5,000,000.00 to cooperate in good faith with fund the costs payable under the Construction Contract (the "Construction Account"). Such account will require two signatures for release of funds - one from Tenant and its contractors, to the end that construction may be completed as promptly as possibleone from Xxxxxx Associates. Provided that the Delivery Date, as hereinafter defined, is no later than June 15, 1996, F. Tenant shall complete Tenant's Work by November 15, 1996 within eight (8) months after delivery of possession of the Phase II Area to Tenant (the "Required Completion Date"). Landlord shall give Tenant five (5) days prior written notice of the Delivery Date, such Delivery Date being delivery date for possession of each of the date upon which (i) Landlord's Work in the Premises has been substantially completed in accordance with the requirements therefor and (ii) the Premises are available for the commencement of Tenant's Work. If the Delivery Date is later than June 15, 1996, the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery DatePhase I Area Space. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which any portion of the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any work authorized to be performed by Tenant under Exhibit "B-1". If Landlord is delayed in delivering possession of the Phase II Area or Spaces C-2, C-4 or C-6 of the Phase I Area to Tenant, the Required Completion Date shall be extended by the actual number of days Tenant is delayed in performing Tenant's Work as the result of Landlord's Work; provideddelay in delivering possession. G. In order to secure the completion of Tenant's Work (including, howeverWithout limitation, that all tenant improvements in accordance with the Final Construction Documents and purchasing and installing Tenant's furniture, fixtures and equipment (the "FF&E")): (i) nothing contained Tenant hereby grants to Landlord a security interest in the foregoing provisions Construction Account and shall take such further action as may be required to perfect such security interest and to replace Landlord for Tenant as a signatory on such account in the event of a default as provided in H below; (ii) Tenant agrees to collaterally assign the Construction Contract to Landlord; and (iii) Tenant shall require the Contractor to enter into a recognition agreement with Landlord. H. In the event Tenant fails to diligently commence and prosecute the Tenant Work to completion (except for reasons beyond Tenant's control) and such failure is not cured (or Tenant does not commence such cure) within ten (10) days after written notice from Landlord, Landlord shall have the right, but not the obligation, to (i)cause the Contractor to complete the Tenant's Work and, at Landlord's election, to draw on the Construction Account to make payments directly to the Contractor or to any major subcontractors and/or (ii) draw down the Construction Account and use all or any part of the proceeds to repair damages to the Premises, to clean the Premises or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default and/or (iii) exercise all other rights and remedies available to Landlord under this paragraph shall relieve Landlord Lease, at law or in equity. I. Provided Tenant performs all of its obligations under to complete Tenant's Work Landlord shall release its security interest in the final sentence of the preceding paragraph; and Construction Account within ten days after (i)Tenant opens for business, (ii) if provides satisfactory evidence to Landlord that all Tenant's Work has been fully completed and all FF&E has been installed, and (iii) all payments in connection with the Delivery Date does not occur on or before December 15, 1997, or if the Hotel Tenant's Work (including the casinoFF&E) does not open for business on or before such datehave been made, then no liens have been filed against the Project and Tenant may terminate this Lease by notice given to Landlord not later than January 15provides lien waivers from the general contractor, 1998, in which event Landlord shall promptly pay to Tenant the amount of all costs then paid or payable by Tenant in connection with Tenant's Work, subcontractors and neither party shall otherwise have any rights against or obligations to the other with respect to this Lease or the Premises.all material suppliers evidencing final payment. 3.4