Common use of Base Building Clause in Contracts

Base Building. Pursuant to the terms of the Lease, Landlord shall deliver to Tenant the following items (sometimes collectively referred to herein as the "Base Building"): (i) the base, shell and core of the Building; (ii) all base building systems, including without limitation heating, ventilation and air conditioning ("HVAC"), mechanical (including without limitation elevators), electrical, plumbing and telephone (collectively, the "Building Systems"); (iii) the curtain wall; (iv) the structural components of the Building; and the exterior roof of the Building. Delivery of the Base Building shall be made in its current, "as- is" condition; provided, however, that notwithstanding the "as-is" nature of Landlord's delivery of the Base Building, Landlord agrees that it shall promptly improve the Base Building, at Landlord's expense, as necessary to remedy any defects which are disclosed to Landlord by Tenant in a written notice delivered not later than thirty (30) days after the earlier of (a) the date on which Tenant discovers the defect, or (b) Landlord's delivery to Tenant of the portion of the Premises in which the defect is located. Moreover, Landlord covenants that upon Landlord's delivery to Tenant of the Base Building, each component thereof identified above shall be in good working order and shall comply with all applicable laws, and Landlord shall at its expense make any improvements necessary to cause said covenant to be true (regardless of the date on which Tenant notifies Landlord of the need for such improvement). Tenant acknowledges that portions of the Premises are now or have previously been occupied by other tenants, and that upon delivery to Tenant the Premises may, in Landlord's discretion, include some or all tenant improvements previously installed in connection with such occupancy.

Base Building. Pursuant to the terms Landlord shall complete all of the Leasebase building conditions (“Base Building Conditions”) described in Exhibit C attached hereto and made apart hereof on or before April 15, 2002. Landlord shall deliver to Tenant complete the following items remainder of the Building shell and all site improvements for the Property in conformance with the plans and drawings attached as Exhibit B-3 hereto and made a part hereof (sometimes “Site Improvements”) on or before July 1, 2002. The Base Building Conditions and Site Improvements are collectively referred to defined herein as the "“Base Building"): (i) the base, shell and core of the Building; (ii) ”. Landlord shall perform all base building systems, including without limitation heating, ventilation and air conditioning ("HVAC"), mechanical (including without limitation elevators), electrical, plumbing and telephone (collectively, the "Building Systems"); (iii) the curtain wall; (iv) the structural components of the Building; and the exterior roof of the Building. Delivery of work in connection with the Base Building in a good and workmanlike manner. In the event that Landlord has failed to substantially complete the Site Improvements by July 1, 2002, then Tenant shall be made receive an abatement of Rent until the date the Site improvements are substantially completed. Notwithstanding the provisions of this Lease regarding City Delay and other matters requiring City of Louisville approval, Landlord and Tenant acknowledge that the Colorado Tech Center General Improvement District (CTCGID), which the Building is included within, is required to install an upgraded lift station (“Lift Station”) for the purpose of pumping waste water/sewage away from the Property, prior to issuance of a Certificate of Occupancy by the City of Louisville. In the event the Lift Station is not under construction as of November 15, 2001, Landlord, at its sole cost, shall construct its own waste removal system on the Property (“Ejection System”) in its currentorder to obtain final approval – and, "as- is" condition; providedat a minimum, howeverissuance of a Temporary Certificate of Occupancy from the City of Louisville in order to meet the Project Schedule (Exhibit D) and the planned occupancy date as otherwise described in this Lease. In the event the Initial Premises Commencement Date has not occurred on or before April 19, that notwithstanding the "as-is" nature of Landlord's delivery 2002 as a result of the Base Buildingfailure to obtain a Temporary Certificate of Occupancy due to the lack of approval, Landlord agrees construction, and/or completion of the Lift Station or the Ejection System as the case may be, then from and after the Initial Premises Commencement Date, Tenant shall receive two (2) days of abatement of Rent (as defined in Section 4.02) for the number of days equal to the number of days between April 19, 2002 and the Initial Premises Commencement Date. By way of example, if the Initial Premises Commencement Date occurs on April 25, 2002, then Tenant shall receive an abatement of Rent until May 7, 2002. The parties hereby agree that it the amount of any rental abatement which Tenant shall promptly improve the Base Building, at Landlord's expense, as necessary receive pursuant to remedy any defects this section is a reasonable estimation of costs and damages which are disclosed to Landlord will be incurred by Tenant in the event that the Initial Premises Commencement Date has not occurred by April 91, 2002 as a written notice delivered not later than thirty (30) days after the earlier of (a) the date on which Tenant discovers the defect, or (b) Landlord's delivery to Tenant result of the portion failure to complete the Lift Station or Ejection System. Notwithstanding any other provision of this Lease to the contrary, in no event shall any period of time related to processing governmental approvals of the Premises in which the defect is located. Moreover, Landlord covenants that upon Landlord's delivery to Tenant of the Base Building, each component thereof identified above shall Lift Station or Ejection System be in good working order and shall comply with all applicable laws, and Landlord shall at its expense make any improvements necessary to cause said covenant to be true (regardless of the date on which Tenant notifies Landlord of the need for such improvement). Tenant acknowledges that portions of the Premises are now or have previously been occupied by other tenants, and that upon delivery to Tenant the Premises may, in Landlord's discretion, include some or all tenant improvements previously installed in connection with such occupancycategorized as a City Delay.

Base Building. Pursuant Subject to the terms and conditions of the Leasethis Work Letter, Landlord shall deliver to Tenant the following items (sometimes collectively referred to herein as the "Base Building"): (i) hereby accepts the base, shell and core (i) of the Building; Premises and (ii) all base building systems, including without limitation heating, ventilation and air conditioning ("HVAC"), mechanical (including without limitation elevators), electrical, plumbing and telephone of the floor(s) of the Building on which the Premises are located (collectively, the "Building Systems"“Base Building”); (iii) the curtain wall; (iv) the structural components , in its current “AS IS” condition existing as of the Building; date of the Lease and the exterior roof Lease Commencement Date. Tenant shall be entitled to an improvement allowance in the maximum aggregate amount of Two Million Three Hundred Forty-Three Thousand, One Hundred Eighty Dollars ($2,343,180.00) (i.e., $17.50 per rentable square foot of the Premises) (the “Base Building Improvement Allowance”) to be used by Tenant solely to pay for the construction of certain improvements to the Base Building as are more particularly identified in Attachment 1 to this Work Letter (which required improvements are referred to here as the “Base Building Improvement Additions”) . Subject to Landlord’s obligation to pay to Tenant the Base Building Improvement Allowance in accordance with the terms and conditions of this Work Letter, Tenant shall be solely liable for all soft and hard costs associated with the Base Building Improvement Additions. Except for the Base Building Improvement Allowance and the Tenant Improvement Allowance set forth below, Landlord shall not be obligated to make or pay for any alterations or improvements to the Premises or the Building. Delivery For the sake of clarity, the base building condition of the Base Building shall to be made delivered by Landlord to Tenant on the Lease Commencement Date is identified in the matrix (outlining existing base building conditions of the Base Building, including, inter alia, power, emergency power, lab exhaust, lab air supply and office air supply) attached hereto as Attachment 2 to this Work Letter (the “Base Building Delivery Condition”). Xxxxxx acknowledges and agrees that Attachment 1 identifies conditions that are the Tenant’s responsibility to install (and, as such, are expressly not included in Attachment 2 as being included in the Base Building Delivery Condition), subject to reimbursement to the extent of the Base Building Improvement Allowance. Landlord acknowledges that certain of Tenant’s laboratory improvements to a portion of the Premises require additional emergency power, and Landlord commits to work cooperatively with Tenant and its current, "as- is" conditionconsultants to identify one or more solutions for Tenant’s additional power needs; provided, however, that notwithstanding the "as-is" nature cost of Landlord's delivery of designing and installing the Base Building, Landlord agrees that it shall promptly improve the Base Building, at Landlord's expense, as necessary to remedy any defects which are disclosed to Landlord by Tenant Building infrastructure (in a written notice delivered not later than thirty (30) days after the earlier of (a) the date on which Tenant discovers the defect, or (b) Landlord's delivery to Tenant excess of the portion of the Base Building Improvement Allowance attributable to Tenant’s additional power needs) to achieve the availability of additional power capacity to the Premises shall be borne solely by Xxxxxx (i.e., the cost of all upgrades, alterations and/or additions beyond those described in which the defect is located. Moreover, Landlord covenants that upon Landlord's delivery to Tenant of the Base Building, each component thereof identified above Building Delivery Condition shall be in good working order and shall comply with all applicable laws, and Landlord shall at its expense make any improvements necessary to cause said covenant to be true (regardless of the date on which Tenant notifies Landlord of the need for such improvementpaid solely by Tenant). Tenant acknowledges that portions of the Premises are now or have previously been occupied by other tenants, and that upon delivery to Tenant the Premises may, in Landlord's discretion, include some or all tenant improvements previously installed in connection with such occupancy.

Base Building. Pursuant The base, shell, and core of the Building (the “Base, Shell, and Core”) have been constructed. Notwithstanding the terms and conditions of subleases (if any) pursuant to which Tenant occupies the Premises, Tenant must comply with the terms and conditions of this Tenant Work Letter with respect to all improvements initially constructed in the Premises after the date of the Amendment. Subject to the terms of the Amendment and the Lease, Tenant hereby accepts the Base, Shell and Core and the Premises and all existing tenant improvements therein “AS IS” in their existing condition as of the date of the Amendment, without any modification or alteration by Landlord, provided that Landlord shall deliver be responsible for such modification or alteration which is required in order for the Project to comply with Applicable Laws (including the Americans with Disabilities Act of 1990, as amended (“ADA”)) in effect on the date of the Amendment, as such laws are then interpreted and enforced to the extent it affects Tenant’s occupancy of or Tenant Improvements in the Premises for general office use with a density of one (1) person per 100 rentable square feet. Notwithstanding the foregoing, Tenant, as part of the Tenant Improvements (as defined below) shall be responsible for performing the following items (sometimes collectively referred to herein as collectively, the "Base Building"): “HVAC Upgrade Work”) in areas where the existing ceiling is opened up for Tenant Improvements or where existing VAVs are exposed: (i) upgrade the baseexisting VAVs with DDC controls (the DDC controls shall include control panels (PXC panels) to be installed by Siemens Industry, shell Inc. to enable communication between the VAV box controllers and core of the Buildingexisting “Building Energy Management System”); (ii) all base building systemsclean the existing exterior zone VAV heating coils, including without limitation heating, ventilation and air conditioning ("HVAC"), mechanical (including without limitation elevators), electrical, plumbing and telephone (collectively, the "Building Systems"); (iii) the curtain wall; install Xxxxxxxx circuit setter valves with T & P connections and drain valves on reheat coils to exterior VAV zones (iv) the structural components if not already existing). Tenant shall, prior to performance of the Building; HVAC Upgrade Work, submit to Landlord, for its reasonable approval, an itemized cost breakdown with quantities and unit prices for the exterior roof HVAC Upgrade Work. Upon completion of the Building. Delivery HVAC Upgrade Work, provided that Landlord receives the items required by Subparagraphs (i), (ii) and (iii) of Section 2.2.2(a) with respect to the HVAC Upgrade Work, Landlord will reimburse Tenant for Tenant’s actual, out-of-pocket costs of the Base Building performance of the HVAC Upgrade Work as defined herein, not to exceed (A) Ninety-Three Thousand Seven Hundred Ninety Dollars ($93,790) (equivalent to $5.00 per rentable square foot of Expansion Space A) with respect to the HVAC Upgrade Work pertaining to Expansion Space A, and (B) Forty-One Thousand Eight Hundred Ninety Dollars ($41,890) (equivalent to $5.00 per rentable square foot of Expansion Space B) with respect to the HVAC Upgrade Work pertaining to Expansion Space B. Such reimbursement shall be made in its current, "as- is" condition; provided, however, that notwithstanding separate from the "as-is" nature of Landlord's delivery of the Base Building, Landlord agrees that it shall promptly improve the Base Building, at Landlord's expense, as necessary to remedy any defects which are disclosed to Landlord by Tenant in a written notice delivered Improvement Allowance and not later than thirty (30) days after the earlier of (a) the date on which Tenant discovers the defect, or (b) Landlord's delivery to Tenant of the portion of the Premises in which the defect is located. Moreover, Landlord covenants that upon Landlord's delivery to Tenant of the Base Building, each component thereof identified above shall be in good working order and shall comply with all applicable laws, and Landlord shall at its expense make any improvements necessary to cause said covenant to be true (regardless of the date on which Tenant notifies Landlord of the need for such improvement)deducted therefrom. Tenant acknowledges that portions VAV boxes and DDC system are part of Tenant’s HVAC system within the Premises. Notwithstanding anything to the contrary herein, in connection with Tenant’s installation of the Tenant Improvements, Landlord shall be solely responsible for all costs required to bring the Project outside the Premises into compliance with Applicable Laws to the extent required for Tenant’s occupancy of the Premises are now for density of one (1) person per 100 rentable square feet and general office use, or have previously been occupied related to the presence of Hazardous Materials not introduced by other tenantsTenant or its agents, and that upon delivery to Tenant the Premises may, in Landlord's discretion, include some employees or all tenant improvements previously installed in connection with such occupancycontractors.

Base Building. Pursuant to Landlord has constructed, at its sole cost and expense, the terms base building (i) of the LeasePremises and (ii) of the floor of the Building on which the Premises is located (collectively, Landlord shall deliver to Tenant the following items (sometimes collectively referred to herein as the "Base Building"): ). The Base Building shall include only the items currently in place in the Premises. Landlord shall also perform the following work (i"Landlord's Work"), at its sole cost and expense, in the Premises: (a) Demolish and/or remove the base, shell and core currently existing tenant improvements in each portion of the Building; (ii) all base building systemsPremises other than the restrooms, including without limitation heating, ventilation and air conditioning ("HVAC"), mechanical (including without limitation elevators), electrical, plumbing and telephone (collectively, the "Building Systems"); (iii) the curtain wall; (iv) the structural components removal of the Buildingvault currently located in the Premises; and the exterior roof of the Building. Delivery of the Base Building shall be made in its current, "as- is" condition; provided, however, that notwithstanding the "as-is" nature of Landlord's delivery of the Base Building, Landlord agrees that it shall promptly improve the Base Building, at Landlord's expense, as necessary to remedy any defects which are disclosed to Landlord by Tenant in a written notice delivered not later than thirty (30) days after the earlier of (a) the date on which Tenant discovers the defect, or and (b) Landlord's delivery to Tenant Any work required by any applicable governmental entity for the restrooms located on the twelfth (12th) floor of the portion Building to comply with the provisions of the Premises in which the defect is located. Moreover, Landlord covenants that upon Landlord's delivery Americans with Disabilities Act of 1990 ("ADA") applicable to Tenant of the Base Building, each component thereof identified above shall be in good working order and shall comply with all applicable laws, and Landlord shall at its expense make any improvements necessary to cause said covenant to be true (regardless such restrooms as of the date on which Tenant notifies Landlord of the need Lease. Notwithstanding the foregoing, Tenant acknowledges that the agencies responsible for such improvement)establishing and administering ADA compliance issues may provide Landlord with certain variances in the event that Landlord compliance with the ADA would create a hardship for Landlord. In this regard, Landlord's references to its agreement to comply with ADA in this Tenant Work Letter and/or in the Lease includes any variances that may be granted by the agencies responsible for establishing and administering ADA compliance issues. Tenant acknowledges that portions except for Landlord's obligation with respect to code-compliance set forth in this Section l.l(b), Tenant shall be liable, at its sole cost and expense, for any code-compliance work on the twelfth (12th) floor necessitated by, or required in connection with, the construction of the Tenant Improvements. Tenant acknowledges and agrees that, although the demolition and removal work described in (a) above must be performed by Landlord before the Premises are now or have previously been occupied by other tenantsdelivered to Tenant for the commencement of its tenant improvement work therein, Landlord may perform any work that may be required pursuant to (b) above during Tenant's construction of the Tenant Improvements, and both Landlord and Tenant agree that upon delivery they will cooperate so as to allow Landlord to perform any such work in the most efficient and cost-effective manner and with as little interference with the construction of the Tenant the Premises may, in Landlord's discretion, include some or all tenant improvements previously installed in connection with such occupancyImprovements as reasonably possible.