Common use of Construction Requirements Clause in Contracts

Construction Requirements. All Alterations shall be (a) performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable work.

Construction Requirements. All Alterations shall be (a) performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, furnished to Landlord before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program)construction, (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3); (d) performed by Tenant’s Contractors that are approved by Landlord; (e) performed so as not to cause or create any jurisdictional or other labor disputes, including, without limitation, use of union labor if required by Landlord; (ef) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; and (fg) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form “Builder’s Risk or Installation Floater All Risk” insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to an amount approved by Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (if Tenant contracts directly with Landlord for the construction of the Alterations. The percentage amount will be established by mutual agreement based on 5% what is commercially reasonable for the amount of the cost of such Alterations) Alterations for the Project, which is sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. thereof If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable work.

Construction Requirements. All Alterations (1) A copy of the executed contract between Tenant and Tenant's General Contractor covering all of Tenant's obligations under this Exhibit B; such contract shall be in form satisfactory to Landlord. (2) Tenant's General Contractor's acknowledgment of receipt of the Landlord's Tenant Contractor Manual. (3) Proof that Tenant's General Contractor is licensed to work in the State of Washington. (4) A specific job-site safety program, as required by the State of Washington. (5) All Tenant's Contractors shall be union, bondable, licensed contractors, having good labor relations, capable of working in harmony with Landlord's General Contractor and other contractors in the Building. (6) Tenant shall coordinate Tenant's Work with other construction work at the Building, if any. Landlord specifically reserves the right to approve Tenant's Contractor(s). If Landlord does not give Tenant such approval with respect to any Contractor(s), Tenant shall contract with another General Contractor and/or subcontractor(s), as the case may be, for the completion of Tenant's Work. (7) In addition to the items in paragraph C of this Exhibit B, Landlord requires the following: (a) performed under proof in form satisfactory to Landlord of Tenant's financial ability to cause Tenant's Work to be completed and fully paid for prior to opening for business; and (b) Tenant's Work shall be subject to the inspection of Landlord's representative when the Work is being performed; and (c) Tenant's General Contractor shall maintain at the Premises during construction a valid complete set of approved Working Drawings bearing Landlord's approval stamp, a complete set of the City of Seattle's approved permit when requireddrawings, original copies of necessary building permits, Landlord's construction criteria, a copy of which Landlord's Design Criteria, and an updated project schedule. (8) If any Work being performed by Tenant requires access through the premises of any other Tenant (vacant or occupied) or otherwise will affect any other premises or Common Area and Landlord has approved Tenant's drawings illustrating such Work, Tenant shall be obtained by or in the name of responsible for coordinating such Work with such other Tenant and Landlord, at restoring the Tenant’s expense, before commencement of construction 's premises to its original condition (or condition mutually agreed to between Landlord and Tenant hereby agrees and acknowledges that the Building if adjacent Tenant premises is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all not yet occupied or adjacent premises is a building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (bCommon Area) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises following the Work, including, without limitation, painting and installations compensating said other Tenant or Landlord for any costs incurred by them on account of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employmentWork, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) loss of rent or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable workincome.

Construction Requirements. All Alterations [ INCLUDE the following if loan is being closed and funded before construction is complete: Following the Close of Escrow, Borrower shall cause the Project construction work to commence promptly, proceed diligently, and achieve Completion of the Project, as defined below, no later than twenty (20) months following the Close of Escrow, subject to extension for up to an additional twelve (12) months to the extent of force majeure delays beyond Borrower’s reasonable control.] “Completion of the Project” shall be (a) performed under a valid permit deemed to have occurred when required, a copy First 5 LA has received satisfactory evidence that all final permits and certificates necessary to the operation of which shall be the Project as contemplated herein have been obtained by or in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed Project has been completed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturerthis Agreement and as represented in Borrower’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3; (d) performed so as not approved funding application to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by LandlordFirst 5 LA. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, includingThis evidence shall include, without limitation, painting the following, each of which is subject to First 5 LA’s review and installations approval: (1) a signed certificate of fixturessubstantial completion from the Project’s architect or General Contractor, mechanicalin a form reasonably acceptable to First 5 LA, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on certifying to First 5 LA that construction was completed substantially in accordance with the Project by any person who contracts to provide services to any portion requirements of the Projectplans and specifications (as approved through First 5 LA’s Design Review Process as referenced in E xhibit “S”) and this Agreement, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such all other related on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor selfoff-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and site improvements have been completed; (2) cause all a certificate of Tenant’s Contractors occupancy and other final permits and licenses necessary to agreepermit the use and occupancy of the Project for its intended purposes, which have been issued by proper governmental agencies; (3) unconditional waivers and releases upon final payment, in their construction contracts with Tenantstatutory form, to meet showing no amounts in dispute, have been received from the General Contractor, all of the insurance requirements applicable to Tenant pursuant to Article 18 (including subcontractors, and all other persons or entities providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of services or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability furnishing materials in connection with the Alterations, including but not limited to Project; (4) a lien copy of the notice of completion given in compliance with California Civil Code and completion bond naming Landlord as a co-obligee. Promptly after completion evidence of its required recording and delivery; (5) expiration of all applicable statutory periods for the enforcement of any Alterationsmechanics’ liens pursuant to applicable California laws and an Endorsement 122 from Title Company certifying that the Mortgaged Property is free from liens; and (6) a certification in a form acceptable to First 5 LA from the Borrower that all of the work has been performed in accordance with applicable laws and the Loan Documents. Construction shall proceed [OR] shall have proceeded [depending on whether construction is complete at the closing of this loan] in accordance with Exhibit “P”, Tenant Construction Requirements, and shall deliver conform to Landlord “as-built” plans the layout and specifications (including all working drawings) design represented in Borrower’s approved application for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable workIndustry Fund Program.

Construction Requirements. All Alterations shall be Tenant Improvements shall: (a) performed under a valid permit when required, a copy of which shall be obtained by or constructed in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance accordance with the Facility Permit Program), Authority’s building standards and plans approved in writing by the Authority; (b) performed be constructed by properly licensed contractors or mechanics pursuant to written construction contracts entered into between Tenant and the contractor named therein; (c) be constructed and installed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanshipnew materials; (cd) performed be constructed in compliance with all applicable Lawsstatutes, ordinances, building codes, codes and rules, regulations, directives of any local, state or federal entity having jurisdiction and all generally applicable standards procedures and requirements of the American Insurance Association (formerlyAuthority, including the National Board of Fire Underwriters), the National Electrical Code, manufacturerAuthority’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy TAA Process set forth in E xhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputesSection 7.5(c); (e) performed be constructed at Tenant’s sole expense and at such times and in such manner as not the Authority may from time to obstruct access to time designate without unreasonable interference with or disruption of the Project or the Common Areas or the conduct operations of business by Landlord tenants or other tenants in occupants of the Project Building and coordinated with any other work in the Project by Landlord or Fish Pier (and Tenant shall, at its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicableexpense, performed in a manner that will not adversely affect remove from the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees that, Premises all trash which may accumulate in connection with any AlterationsTenant’s activities and, should Tenant fail to do so, the Tenant Improvements and Authority may, in addition to any other work performed by right or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion remedy of the ProjectAuthority, remove such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory trash without notice to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense expense, and without incurring any liability on Landlord’s partthe expenses so incurred by the Authority shall be due and payable by Tenant, to correct any such matteras Additional Rent, including, without limitation, causing the cessation upon demand); and (f) become part of the applicable work.Premises unless the Authority elects otherwise. Tenant expressly acknowledges and agrees that Tenant shall be responsible for obtaining all necessary permits, approvals and variances and for compliance with all of the foregoing laws and regulations. Prior to commencing any construction, Tenant shall provide the Authority with: (i) copies of the final plans, as approved; (ii) fully executed construction contract(s);

Construction Requirements. All Alterations shall be (a) performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, furnished to Landlord before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program)construction, (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3); (d) performed so as not to cause or create any jurisdictional or other labor disputesintentionally omitted; (e) performed in such manner as not to unreasonably obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; , and (hi) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and (h) as to Alterations other than Cosmetic Alterations, performed by Tenant’s Contractors that are reasonably approved by Landlord and, at Landlord’s election, Landlord shall have the right to have at least one (1) additional contractor selected by Landlord (“Landlord’s Contractors”), submit a bid for the Alterations (other than Alterations that involve the installation of Tenant’s specialty equipment) and Landlord shall notify Tenant of any Landlord’s Contractors it elects to have submit a bid for the Alterations at the time Landlord approves Tenant’s Contractors. Tenant agrees that, in connection with If Landlord elects to have any Landlord’s Contractors submit a bid for the Alterations, then promptly after Tenant receives all bids, and based upon the bids submitted by Tenant’s Contractors and Landlord’s Contractor(s), Tenant Improvements shall notify Landlord in writing of its recommendation for the contractor to perform the Alterations, which notice shall include copies of all bids (the “Bid Package”). If Tenant’s recommendation for a contractor for the Alterations is not a Landlord’s Contractor, then within five (5) Business Days after Landlord’s receipt of the Bid Package, Landlord shall either (A) allow Tenant to use its recommended contractor for the Alterations, or (B) require Tenant to use a Landlord’s Contractor for the Alterations. If Landlord elects to proceed under subsection (B) and any other the bid of the required Landlord’s Contractor for the Alterations exceeds one hundred percent (100%) of the bid of Tenant’s recommended contractor for the Alterations, then Landlord shall reimburse Tenant for the cost of the work performed by or on behalf Landlord’s Contractor (excluding costs incurred for any change orders) in excess of Tenant in the Premises one hundred percent (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion 100%) of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type bid of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such recommended contractor self-performs any within thirty (30) days of Tenant’s completion of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building Alterations and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretionreceipt of unconditional lien releases therefor. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). For Alterations other than Cosmetic Alterations performed after the initial Tenant Improvements, Tenant shall pay to Landlord a percentage of the cost of the Alterations (based such percentage, which shall vary depending upon whether or not Tenant orders the work directly from Landlord, to be established by Landlord on a uniform basis for the Project; however, in no event shall such percentage exceed five percent (5% of the cost of such Alterations) %)), sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. AdditionallyFor Alterations estimated to cost in excess of $250,000, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligeeobligee (however, Landlord and Tenant agree that the provisions of this sentence shall not apply to the initial Tenant Improvements, such that Tenant shall have no obligation to provide any security (other than the Excess Costs Deposit, if applicable) in connection with the initial Tenant Improvements). Promptly after completion of any Alterations (other than Cosmetic Alterations), Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable work.

Construction Requirements. All Alterations shall will be (a) performed under by a valid permit when required, a copy of which shall be obtained contractor approved by or in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials otherwise performed and workmanship; (c) performed constructed in compliance with all applicable Laws, Laws (including obtaining all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwritersnecessary permits therefor), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3; (d) ). Any Alterations will be performed so as not to cause or create any jurisdictional or other labor disputes; (e) disputes and will be performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors contractors, subcontractors, suppliers, laborers and other third parties providing work or services in the Project on behalf of Tenant to agreecarry the commercial general liability, in their construction contracts worker’s compensation and automobile insurance Tenant is required to carry under Article 17 and to comply with Tenant, the requirements of Article 17 applicable to meet such insurance (including naming Landlord and the other required parties as additional insureds under the commercial general liability policy and providing the required certificates of insurance). Tenant will reimburse Landlord all of the insurance requirements applicable to Tenant pursuant to Article 18 costs and expenses incurred by Landlord in connection with the review and administration cost of any Alterations and, in the event Landlord oversees the construction of the Alterations, a supervision fee in the amount of five percent (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage 5%) of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any AlterationsAlterations that change the floor plan of the Premises, Tenant shall will deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction Upon completion of the Alterations, Tenant will furnish Landlord shall notify Tenant with full and final unconditional waiver of liens and contractors’ affidavits and sworn statements, in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building Systemform as may be required by Landlord, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s parttitle insurance company and any Mortgagee, from all parties performing labor or supplying materials or services in connection with the Alterations showing that all of said parties have been compensated in full, and do not retain any right to correct file any such matterlien, including, without limitation, causing the cessation of the applicable workand waive any and all lien rights. Tenant will give Landlord not less than fifteen (15) days prior written notice before commencing any work for which a claim or lien may be filed.

Construction Requirements. All Alterations shall be (a) performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit Exhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant▇▇▇▇▇▇’s Contractors that are reasonably approved by Landlord. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord▇▇▇▇▇▇▇▇, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit Exhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord▇▇▇▇▇▇▇▇’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord▇▇▇▇▇▇▇▇’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable work.

Construction Requirements. All Alterations shall be (a) performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, furnished to Landlord before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program)construction, (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3); (d) performed so as not to cause or create any jurisdictional or other labor disputesintentionally omitted; (e) performed in such manner as not to unreasonably obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the any Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; , and (hi) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and (h) as to Alterations other than Cosmetic Alterations, performed by Tenant’s Contractors that are reasonably approved by Landlord and, at Landlord’s election, Landlord shall have the right to have at least one (1) additional contractor selected by Landlord (“Landlord’s Contractors”), submit a bid for the Alterations (other than Alterations that involve the installation of Tenant’s specialty equipment) and Landlord shall notify Tenant of any Landlord’s Contractors it elects to have submit a bid for the Alterations at the time Landlord approves Tenant’s Contractors. Tenant agrees that, in connection with If Landlord elects to have any Landlord’s Contractors submit a bid for the Alterations, then promptly after Tenant receives all bids, and based upon the bids submitted by Tenant’s Contractors and Landlord’s Contractor(s), Tenant Improvements shall notify Landlord in writing of its recommendation for the contractor to perform the Alterations, which notice shall include copies of all bids (the “Bid Package”). If Tenant’s recommendation for a contractor for the Alterations is not a Landlord’s Contractor, then within five (5) Business Days after Landlord’s receipt of the Bid Package, Landlord shall either (A) allow Tenant to use its recommended contractor for the Alterations, or (B) require Tenant to use a Landlord’s Contractor for the Alterations. If Landlord elects to proceed under subsection (B) and any other the bid of the required Landlord’s Contractor for the Alterations exceeds one hundred percent (100%) of the bid of Tenant’s recommended contractor for the Alterations, then Landlord shall reimburse Tenant for the cost of the work performed by or on behalf Landlord’s Contractor (excluding costs incurred for any change orders) in excess of Tenant in the Premises one hundred percent (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion 100%) of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type bid of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such recommended contractor self-performs any within thirty (30) days of Tenant’s completion of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building Alterations and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretionreceipt of unconditional lien releases therefor. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). For Alterations other than Cosmetic Alterations performed after the initial Tenant Improvements, Tenant shall pay to Landlord a percentage of the cost of the Alterations (based such percentage, which shall vary depending upon whether or not Tenant orders the work directly from Landlord, to be established by Landlord on a uniform basis for the Project; however, in no event shall such percentage exceed five percent (5% of the cost of such Alterations) %)), sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. AdditionallyFor Alterations estimated to cost in excess of $250,000, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligeeobligee (however, Landlord and Tenant agree that the provisions of this sentence shall not apply to the initial Tenant Improvements, such that Tenant shall have no obligation to provide any security (other than the Excess Costs Deposit, if applicable) in connection with the initial Tenant Improvements). Promptly after completion of any Alterations (other than Cosmetic Alterations), Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the any Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable work.

Construction Requirements. All Alterations shall be (a) Any Project performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) be performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy terms set forth in E xhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to this Section 4.1 and the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Standards attached hereto. (a) Such Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, shall be performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply following requirements consistent with the EPA’s “Water Sense” program and Energy Star compliant equipmentBetter Builder Program promulgated by the City: (i) Payment of the prevailing wage as defined by the ▇▇▇▇▇-▇▇▇▇▇ Act as applicable to ▇▇▇▇▇▇ County, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees thatTexas, in connection with any Alterations, effect at the Tenant Improvements and any other work performed by or on behalf time of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion commencement of the Project, such as cable, DSL, communications, telecommunications or similar servicesthe ▇▇▇▇▇▇ County living wage to construction workers; (ii) shall, unless otherwise agreed in writing Ensure all construction workers receive a 10-hour OSHA approved construction worker safety class and ensure all safety supervisors for any prime contractor or subcontractor receive a 30-hour OSHA approved construction worker safety class prior to commencing construction work; (iii) All construction workers shall be covered by Landlord: workers’ compensation insurance; and (iiv) be bound Provide independent monitoring by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such an on-site work site, unaffiliated third party selected by Tenant (a“Monitor”) whose jurisdiction covers the type of work to be performed on the Project and approved by Landlord in Landlord’s Permitted Discretion. (b) who is an “Approved Building Trades Department Contractor Tenant will cause its prime contractors and subcontractors to provide Monitor and Tenant with such documents, reports, records, or Subcontractor” information that the two mutually agree upon as evidence of compliance with the foregoing requirements. Tenant will cooperate and collaborate with Monitor to ensure that the prime contractors and subcontractors fully and faithfully comply with the foregoing requirements. (iic) observe area standards for wages Tenant will require Monitor to provide monthly reports to Tenant and other Landlord assessing compliance with the foregoing requirements and describing any violations of the same. (d) Any breach of this Section 4.1 shall be governed by the terms of this Section 4.1(d), it being agreed and acknowledged that Article XVIII shall not apply to any such breach hereunder. In the event Tenant fails to comply with the terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the AlterationsSection 4.1, Landlord shall notify give Tenant in writing notice of such disapproval breach and Tenant shall specify cure such breach within sixty (60) days following the items disapproveddate of such notice. In the event Landlord disapproves of any matter that might adversely affect any Building SystemTenant fails to timely cure such breach under this Section 4.1, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s partsole and exclusive remedies for such breach shall be to (i) institute an action for specific performance, to correct any such matter, including, without limitation, causing the cessation of the applicable work.and/or

Construction Requirements. All Alterations shall be (a) Any Project performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) be performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy terms set forth in E xhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to this Section 4.1 and the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Standards attached hereto. (a) Such Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, shall be performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply following requirements consistent with the EPA’s “Water Sense” program and Energy Star compliant equipmentBetter Builder Program promulgated by the City: (i) Payment of the prevailing wage as defined by the ▇▇▇▇▇-▇▇▇▇▇ Act as applicable to ▇▇▇▇▇▇ County, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees thatTexas, in connection with any Alterations, effect at the Tenant Improvements and any other work performed by or on behalf time of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion commencement of the Project, such as cable, DSL, communications, telecommunications or similar servicesthe ▇▇▇▇▇▇ County living wage to construction workers; (ii) shall, unless otherwise agreed in writing Ensure all construction workers receive a 10-hour OSHA approved construction worker safety class and ensure all safety supervisors for any prime contractor or subcontractor receive a 30-hour OSHA approved construction worker safety class prior to commencing construction work; (iii) All construction workers shall be covered by Landlord: workers’ compensation insurance; and (iiv) be bound Provide independent monitoring by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such an on-site work site, unaffiliated third party selected by ▇▇▇▇▇▇ (a“Monitor”) whose jurisdiction covers the type of work to be performed on the Project and approved by Landlord in Landlord’s Permitted Discretion. (b) who is an “Approved Building Trades Department Contractor Tenant will cause its prime contractors and subcontractors to provide Monitor and Tenant with such documents, reports, records, or Subcontractor” information that the two mutually agree upon as evidence of compliance with the foregoing requirements. Tenant will cooperate and collaborate with Monitor to ensure that the prime contractors and subcontractors fully and faithfully comply with the foregoing requirements. (iic) observe area standards for wages Tenant will require Monitor to provide monthly reports to Tenant and other Landlord assessing compliance with the foregoing requirements and describing any violations of the same. (d) Any breach of this Section 4.1 shall be governed by the terms of this Section 4.1(d), it being agreed and acknowledged that Article XVIII shall not apply to any such breach hereunder. In the event Tenant fails to comply with the terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with the Alterations, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the AlterationsSection 4.1, Landlord shall notify give Tenant in writing notice of such disapproval breach and Tenant shall specify cure such breach within sixty (60) days following the items disapproveddate of such notice. In the event Landlord disapproves of any matter that might adversely affect any Building SystemTenant fails to timely cure such breach under this Section 4.1, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s partsole and exclusive remedies for such breach shall be to (i) institute an action for specific performance, to correct any such matter, including, without limitation, causing the cessation of the applicable work.and/or

Construction Requirements. All Alterations shall be (a) performed under a valid permit when required, a copy of which shall be obtained by or in the name of Landlord, at Tenant’s expense, furnished to Landlord before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program)construction, (b) performed in a good and workmanlike manner using only new, first class materials and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3); (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants in the Project and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and (i) performed by Tenant’s Contractors that are reasonably approved by Landlord and, at Landlord. Tenant agrees that’s election, in connection with any Alterations, Landlord shall have the Tenant Improvements and any other work performed right to have at least one (1) additional contractor selected by or on behalf of Tenant in the Premises Landlord (collectively, the “WorkLandlord’s Contractors”), submit a bid for the Alterations and Landlord shall notify Tenant of any Landlord’s Contractors it elects to have submit a bid for the Alterations at the time Landlord approves Tenant’s Contractors. If Landlord elects to have any Landlord’s Contractors submit a bid for the Alterations, then promptly after Tenant receives all subcontractors performing any on-site work which comprises bids, and based upon the Workbids submitted by Tenant’s Contractors and Landlord’s Contractor(s), including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed Tenant shall notify Landlord in writing by Landlord: (i) be bound by and signatory of its recommendation for the contractor to a collective bargaining agreement with a labor organization governing perform the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade union. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above shall be adhered to with respect to all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretionAlterations. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). With respect to any Alterations performed after the completion of the initial Tenant Improvements, Tenant shall pay to Landlord a percentage of the cost of the Alterations (based such percentage, which shall vary depending upon whether or not Tenant orders the work directly from Landlord, to be established by Landlord on a uniform basis for the Project but shall not exceed five percent (5% %) of the cost of such Alterationsthe work) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability in connection with any Alterations costing in excess of One Hundred Thousand Dollars ($100,000) in the Alterationsaggregate, including but not limited to a lien and completion bond naming Landlord as a co-obligee. Promptly after completion of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications (including all working drawings) for the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord reasonably disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such matter, including, without limitation, causing the cessation of the applicable work.

Construction Requirements. All Alterations The Developer shall be use reasonable endeavours to procure that during the Development Period: no advertisements, posters, placards or signs are affixed on or displayed from the Site without the consent of the Council and that any that are affixed at all times comply with the Town & Country Planning (aControl of Advertisements) performed under Regulations 1992; a valid permit when required, a copy of which shall be obtained by or in notice is maintained on the Development with the name and logo of Landlordthe Council in such form as the Council approves (acting reasonably); the Developer keeps the Site tidy and cleared of surplus materials, rubble, rubbish, debris, spoil or waste (including broken bricks and timber off-cuts) arising from the Works; proper provision is made for the support and use of any land, walls, buildings, roads, footpaths upon adjacent or near to the Site and which are affected by the Works; and at Tenant’s expensethe date of issue of the Certificate of Practical Completion of each Dwelling, before commencement of construction (and Tenant hereby agrees and acknowledges that the Building is part of the City of Portland’s Facility Permit Program, Site on which requires that Landlord hold all building permits, and Tenant will take whatever steps are reasonably required by Landlord to ensure compliance with the Facility Permit Program), Dwelling has been constructed (bincluding any garden or curtilage) performed is left in a good and workmanlike manner using only newclean condition cleared of all unused building materials, first class materials plant and Tenant shall obtain contractors’ warranties for a period of at least one (1) year against defects in materials and workmanship; (c) performed in compliance with all applicable Laws, all applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters), the National Electrical Code, manufacturer’s specifications and Landlord’s construction rules and regulations attached hereto as Exhibit E-2 (the “Construction Rules”) and its Responsible Contractor Policy set forth in E xhibit E-3; (d) performed so as not to cause or create any jurisdictional or other labor disputes; (e) performed in such manner as not to obstruct access to the Project or the Common Areas or the conduct of business by Landlord or other tenants equipment used in the Project Works and coordinated with any other work in the Project by Landlord or its tenants in order to minimize interference with such work; (f) diligently prosecuted to completion; (g) if applicable, performed in a manner that will not adversely affect the Building’s and or Project’s “LEED” certification, Energy Star rating or other “green agency” rating; (h) performed (A) in compliance with USGBC indoor air quality standards and waste management specifications, and (B) if to the extent applicable, utilizing plumbing fixtures that comply with the EPA’s “Water Sense” program and Energy Star compliant equipment, and performed by Tenant’s Contractors that are reasonably approved by Landlord. Tenant agrees that, in connection with any Alterations, the Tenant Improvements and any other work performed by or on behalf of Tenant in the Premises (collectively, the “Work”), all subcontractors performing any on-site work which comprises the Work, including, without limitation, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunication, low voltage or elevator equipment or systems or other equipment, (including any such work performed on the Project by any person who contracts to provide services to any portion of the Project, such as cable, DSL, communications, telecommunications or similar services) shall, unless otherwise agreed in writing by Landlord: (i) be bound by and signatory to a collective bargaining agreement with a labor organization governing the employees performing such on-site work (a) whose jurisdiction covers the type of work to be performed on the Project and (b) who is an “Approved Building Trades Department Contractor or Subcontractor” and (ii) observe area standards for wages and other terms and conditions of employment, including fringe benefits. Unless approved otherwise by Landlord, in writing, the obligations set forth in the previous sentence shall also be applicable to the Contractor (as defined in E xhibit E-1) or Tenant’s general contractor, as applicable, if such contractor self-performs any of the items set forth in the previous sentence. For purposes hereof, “Approved Building Trades Department Contractor or Subcontractor” is a contractor or subcontractor who is currently affiliated with the Building and Construction Trades Department of the AFL-CIO (the “BCTD”) or, if no such BCTD affiliated contractor or subcontractor is available for a particular trade that is typically affiliated with a trade union (e.g., carpentry work), a contractor or subcontractor which is affiliated with a national trade uniontemporary structures. The obligations under this paragraph exist, regardless of the terms of any project labor agreement or applicable collective bargaining agreement. The union labor requirement set forth above Developer shall be adhered to with respect to ensure that all Work except as otherwise permitted in writing by Landlord, in Landlord’s sole discretion. Tenant agrees to (1) carry (or cause its general contractor to carry) Causes of Loss-Special Form Builder’s Risk or Installation Floater insurance with a limit of not less than the total cost of the Alterations, in such form and including such terms, conditions and deductibles as are acceptable to Landlord in its sole but reasonable discretion, covering the construction of such Alterations, and (2) cause all of Tenant’s Contractors to agree, in their construction contracts with Tenant, to meet all of the insurance requirements applicable to Tenant pursuant to Article 18 (including providing the certificates of insurance required thereunder). Tenant shall pay to Landlord a percentage of the cost of the Alterations (based on 5% of the cost of such Alterations) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with the Alterations. Additionally, Tenant shall engage the services of an on-site project manager reasonably acceptable to Landlord, who shall perform daily supervision of the Alterations and who shall be familiar with Landlord’s construction procedures for the Project (including the Rules and Regulations and the Construction Rules). Landlord may require, at Landlord’s sole option, that Tenant provide to Landlord such security as reasonably determined by Landlord to protect Landlord against any liability materials used in connection with the AlterationsDevelopment: are of satisfactory quality; are maintained in a safe, including but serviceable and clean condition in accordance with Good Industry Practice; are properly stored pending their use and, where appropriate, are protected from the elements; comply with all relevant rules, regulations, codes of practice and/or European or British Standards; do not limited include Prohibited Materials; and if they are hazardous, are used, labelled and stored in accordance with Good Industry Practice, and used only by appropriately trained and competent staff. The Developer shall use all reasonable endeavours to ensure that all equipment, apparatus or plant used in undertaking the Development: is used or operated so as to minimise so far as reasonably practicable noise and vibration likely to cause annoyance or disturbance; is used in a lien and completion bond naming Landlord way which prevents so far as a co-obligee. Promptly after completion reasonably practicable the unlawful generation or migration of any Alterations, Tenant shall deliver to Landlord “as-built” plans and specifications hazardous substance (including all working drawings) for any unlawful emission or discharge); and is used in a way which minimises so far as reasonably practicable the Alterations. Landlord shall have the right to inspect the construction of the Alterations; however, Landlord’s failure to inspect any portion of the Alterations shall in no event constitute a waiver occurrence of any of Landlord’s rights under this Article 11, nor shall Landlord’s inspection of any portion of the Alterations constitute Landlord’s approval thereof. If, as a result of Landlord’s inspection, Landlord disapproves of any portion of the construction of the Alterations, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. In the event Landlord disapproves of any matter that might adversely affect any Building System, the structure or exterior appearance of the Building environmental claims or any other tenant, Landlord may take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, circumstances likely to correct any such matter, including, without limitation, causing the cessation of the applicable workresult in them.