Common use of CONSTRUCTION OF PREMISES Clause in Contracts

CONSTRUCTION OF PREMISES. Landlord will diligently perform “Landlord’s Work” and Tenant will diligently perform “Tenant’s Work” (if any) as described in the Workletter attached as Exhibit “F” in accordance with the Workletter and the rest of this Lease. Landlord’s Work will be deemed substantially completed even if Landlord has not completed “punch list” or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these items within thirty (30) days of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premises. Tenant’s final punch list will be submitted to Landlord with in fifteen (15) days after Landlord notifies Tenant that Landlord’s Work is substantially completed. Substantial completion of Landlord’s Work will be deemed to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans and specifications therefore (or the date as of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”), Tenant shall have the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Commencement Date shall be subject to all the terms and conditions of this Lease, except that Tenant shall not be obligated to pay rent during the Fixture Period.

CONSTRUCTION OF PREMISES. Landlord will diligently perform “"Landlord’s 's Work” " and Tenant will diligently perform “"Tenant’s 's Work” " (if any) as described in the Workletter attached as Exhibit “F” in accordance with "C." The good faith written certification by Landlord's architect of the Workletter substantial completion of Landlord's Work and the rest issuance of this Leasea temporary or final certificate of occupancy by the Town of Andover will be binding on the parties as to the date of substantial completion for each Phase. Except for Tenant delays and force majeure, Landlord will diligently attempt to substantially complete Landlord's Work on or before July 1, 1996. Landlord’s 's Work for each Phase will be deemed substantially completed even if Landlord has not completed “"punch list” " or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these items within thirty (30) days of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premisesdiligently. Tenant’s 's final punch list for each Phase will be submitted to Landlord with in within fifteen (15) days after Landlord notifies Tenant that Landlord’s 's Work is substantially completed. Substantial Subject to scheduling requirements for the completion of Landlord’s Work will be deemed 's Work, Tenant's contractors may have access to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans and specifications therefore (or the date as of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s 's Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture as described in Exhibit "C," and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”), Tenant shall have the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Commencement Date shall extent that conflicts with the scheduling for Landlord's Work can reasonably be subject avoided, Landlord and its contractors will attempt to all the terms and conditions of this Lease, except cooperate reasonably with Tenant's contractors so that Tenant shall not Tenant's Work can be obligated to pay rent during the Fixture Periodcompleted in a timely manner.

CONSTRUCTION OF PREMISES. (a) Landlord will diligently perform “Landlord’s Work” and Tenant will diligently perform “Tenant’s Work” (if any) as described in the Workletter attached as Exhibit “FC” in accordance with the Workletter and the rest of this Lease. Landlord’s Work will be deemed substantially completed even if Landlord has not completed “punch list” or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these items within thirty (30) days of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premises. Tenant’s final punch list will be submitted to Landlord with in within fifteen (15) days after Landlord notifies Tenant that Landlord’s Work is substantially completed. Landlord will complete the approved punch list items within ninety (90) days after Tenant submits its written punch list to Landlord, except for those items that cannot reasonably be completed within that period (e.g., landscaping), and as to such items Landlord will continue to use commercially reasonable and diligent efforts to complete them. Substantial completion of Landlord’s Work will be deemed to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans Final Plans and specifications therefore Specifications (as defined in Exhibit “C”) (or the date as of which such substantial completion reasonably would have occurred but for any delays Tenant Delays [as defined in Exhibit “C”] or Tenant’s Work for which Tenant is responsible); or the date that responsible which actually result in a delay in substantial completion) and the applicable governmental authorities issue have issued a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable reasonably could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”), Tenant shall have the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Commencement Date shall be subject to all the terms and conditions of this Lease, except that Tenant shall not be obligated to pay rent during the Fixture Period.

CONSTRUCTION OF PREMISES. Landlord will diligently perform “"Landlord’s 's Work” " and Tenant will diligently perform “"Tenant’s 's Work” " (if any) as described in the Workletter attached as Exhibit “F” in accordance with "C." The good faith written certification by Landlord's architect of the Workletter substantial completion of Landlord's Work and the rest issuance of this Leasea temporary or final certificate of occupancy by the Town of Andover will be binding on the parties as to the date of substantial completion of Landlord's Work (in its entirety or for each Phase, as applicable). Except for Tenant delays and force majeure, Landlord will diligently attempt to substantially complete Landlord's Work during November, 1998. Landlord’s 's Work (in its entirety or for each Phase, as applicable) will be deemed substantially completed even if Landlord has not completed “"punch list” " or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these items within thirty (30) days of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premisesdiligently. Tenant’s 's final punch list for Landlord's Work (in its entirety or for each Phase, as applicable) will be submitted to Landlord with in within fifteen (15) days after Landlord notifies Tenant that Landlord’s 's Work is substantially completed. Substantial Subject to scheduling requirements for the completion of Landlord’s Work will be deemed 's Work, Tenant's contractors may have access to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans and specifications therefore (or the date as of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s 's Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture as described in Exhibit "C," and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”), Tenant shall have the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Commencement Date shall extent that conflicts with the scheduling for Landlord's Work can reasonably be subject avoided, Landlord and its contractors will attempt to all the terms and conditions of this Lease, except cooperate reasonably with Tenant's contractors so that Tenant shall not Tenant's Work can be obligated to pay rent during the Fixture Periodcompleted in a timely manner.

CONSTRUCTION OF PREMISES. Prior to the delivery of said Premises to Tenant pursuant to Article II, Landlord will diligently shall perform “Landlord’s Work” in a good and Tenant will diligently perform “Tenant’s Work” (if any) as workmanlike manner the work described in the Workletter attached as Exhibit “F” in accordance with the Workletter and the rest of this LeaseC, "Landlord's Work". Landlord’s Work will be deemed substantially completed even if Landlord has not completed “punch list” or other minor items, as long as (i) Landlord agrees to use reasonable efforts to substantially complete these items within thirty Landlord's Work (30) days substantially complete shall mean that the Premises is available for occupancy and the work is complete with the exception of signing the punch-list, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premises. Tenant’s final minor punch list will items) by the Term Commencement Date, subject to delays beyond Landlord's reasonable control and delays caused by Tenant. Landlord shall not be liable to Tenant or any other party, and Tenant's obligations shall not be reduced hereunder in the event that the work is not substantially complete by the Term Commencement Date. All other work necessary to prepare said Premises for occupancy by Tenant shall be performed by Tenant at its own expense. For Tenant's work, if any, plans and/ or specifications shall be submitted to Landlord with in fifteen and must be approved by Landlord prior to commencement of any such work. Landlord shall have ten (1510) days after Landlord notifies Tenant that Landlord’s Work is substantially completed. Substantial completion of Landlord’s Work will be deemed to have occurred on the earlier of: from the date of receipt of the plans to reasonably approve or disapprove said plans and specifications. In the event of disapproval, Landlord shall give prompt written notice of the same to Tenant and Tenant shall, as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the soon as possible thereafter, submit new plans and specifications therefore (or for Landlord's approval corrected so as to reasonably satisfy Landlord's objections. Landlord agrees to cooperate reasonably with Tenant in the date as correction of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible)disapproved plans and specifications. If and as long as Tenant does not interfere the Landlord fails to approve or disapprove Tenant's plans in any way with the construction process (by causing disharmonya timely manner, scheduling or coordinating difficulties, etc.) then Tenant, may, 's plans shall be deemed approved. All of Tenant's work shall be done at Tenant’s 's sole risk and expense. Landlord shall not be a party to, enter nor incur any liability as a result of, any contract to perform Tenant's work. All of Tenant's work shall be done by such contractors, labor and means so that, as far as may be possible, such work shall be done without interruption on account of strikes, work stoppages or similar causes or delay. Tenant shall immediately remedy any mechanics' or materialmen's liens that may be attached to the Premises 30 days prior as a result of Tenant's work. Tenant's work shall be performed on behalf of Tenant by a general contractor reasonably approved by Landlord at Landlord's sole discretion. Prior to the substantial completion commencement of Landlord’s Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Period”)'s work, Tenant shall have submit to Landlord a copy of the right contract between the Tenant and Tenant's general contractor, a copy of the general contractor's certificate of insurance with limits reasonably satisfactory to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, securityLandlord naming Landlord and Landlord's property management agent as additional insureds, and other equipment Any access when applicable, a copy of a building permit issued by Tenant prior to the Lease Commencement Date shall be subject to all City of Boston. Upon completion of the terms and conditions of this Leasework, except that Tenant shall not be obligated deliver to pay rent during Landlord a certificate of use and occupancy from the Fixture PeriodBoston Building Department.

CONSTRUCTION OF PREMISES. Prior to the Term Commencement Date, Landlord will diligently perform “Landlord’s Work” shall have substantially completed, pursuant to its specifications therefor and Tenant will diligently perform “in a good and workmanlike manner conforming to applicable law, the work required to prepare the premises for occupancy by Tenant’s Work” (if any) , as described in Exhibit B attached hereto and made a part hereof. Such substantial completion shall be deemed to have occurred when such work is sufficiently complete to allow the Workletter attached as Exhibit “F” in accordance use of the premises for general office purposes without material interference on account of any incomplete details of construction or needed adjustments or would have been so complete but for any delay caused by Tenant’s failure to supply necessary information or interference with the Workletter progress of such work. In the event of a dispute, the date of such substantial completion shall be determined by a licensed architect designated by Landlord. Landlord shall obtain from the Boston Inspectional Services Department any certificate required to authorize the use and occupancy of the rest premises following such substantial completion. Landlord will save Tenant harmless, and will exonerate and indemnify Tenant from and against, any claims, liabilities, penalties, damages, losses, costs and expenses (including without limitation reasonable attorneys’ fees and rent payable hereunder for any period of this Lease. time during which Tenant is prohibited by said Department from making use of the premises) resulting from Landlord’s Work will failure to obtain such certificate. Tenant shall be conclusively deemed substantially completed even if to have agreed that Landlord has performed all of its obligations with respect to the preparation of the premises unless within the first sixty (60) days of the term hereof Tenant shall give Landlord notice specifying the respects in which Landlord has not completed “punch list” performed any such obligation. Landlord shall correct any defective or other minor items, as long as (i) Landlord agrees to use reasonable efforts to complete these incomplete items of work specified in any such notice within thirty (30) days of signing the punch-listfollowing receipt thereof, excluding any items which require special materials or equipment that are unavailable; and (ii) the punch-list items can be completed after Tenant’s occupancy without causing substantial interference with Tenant’s use of the Premises. Tenant’s final punch list will be submitted subject to Landlord with in fifteen (15) days after Landlord notifies Tenant that delays beyond Landlord’s Work control (which thirty (30) day period, as extended by any such delays, is substantially completed. Substantial completion of Landlord’s Work will be deemed hereinafter referred to have occurred on the earlier of: the date as of which Landlord’s architect certifies in good faith that Landlord’s Work has been substantially completed in substantial conformance with the plans and specifications therefore (or the date as of which such substantial completion would have occurred but for any delays or Tenant’s Work for which Tenant is responsible); or the date that the applicable governmental authorities issue a temporary or final certificate of occupancy for the Premises (or the date as of which such a certificate of occupancy reasonable could have been issued but for any delays or Tenant’s Work for which Tenant is responsible). If and as long as Tenant does not interfere in any way with the construction process (by causing disharmony, scheduling or coordinating difficulties, etc.) Tenant, may, at Tenant’s sole risk and expense, enter the Premises 30 days prior to the substantial completion of Landlord’s Work (“Early Access Period”) for the purposes of installing Tenant’s decorations, movable furniture and business fixtures. The determination of such interference by Landlord shall be conclusive. The Early Access Period shall commence upon Tenant’s receipt of Landlord’s notice of same. For the time period commencing on the date that Landlord’s Work is substantially complete and ending on the date that is ten days after such substantial completion (the “Fixture Punchlist Remediation Period”). Landlord shall allow a credit of $500, Tenant shall have to be applied against installments of Yearly Fixed Rent next becoming due hereunder, (a) for each day after June 30, 2002 on which the right to access the Premises for the purposes of installing its furniture, fixtures, audio/visual, security, and other equipment Any access by Tenant prior to the Lease Term Commencement Date shall be subject not have occurred and (b) for each day after the Punchlist Remediation Period on which any defective or incomplete items of work have not been corrected pursuant to all the terms and conditions of this Lease, except that Tenant shall not be obligated to pay rent during the Fixture Periodpreceding paragraph.