Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. As partial consideration for this Lease, Landlord agrees to provide and pay for tenant improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's

Landlord’s Work. As partial consideration Landlord shall complete the Shell Improvements and Site Improvements as further set forth in the Lease and in Exhibit E attached to the Lease. Landlord shall also construct, in conjunction with the Shell Improvements and at Tenant’s option upon written notice from Tenant to Landlord, those certain improvements described on Exhibit E-1.Tenant shall notify Landlord as to whether it desires any or all of such improvements on Exhibit E-1 within five (5) business days after receipt of written request from Landlord. Such improvements are not part of Landlord’s Work and shall be constructed at Tenant’s expense. Tenant must timely respond, within five (5) business days, to requests for this information related to Exhibit E-1. To the extent Tenant’s election to have Landlord construct all or any improvements described in Exhibit E-1 cause a delay in Landlord’s Work, then such delays shall be considered a Tenant Delay. Tenant may apply the Construction Allowance to all costs incurred in constructing the improvements set forth on Exhibit E-1. Except as set forth in the Lease, Exhibit E, Exhibit E-1, and herein, Landlord agrees shall have no other obligations to provide and pay for tenant construct any improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenantor Project. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to responsible for the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) Tenant Improvements within the Premises. The Shell Improvements and Site Improvements shall be constructed in a good and workmanlike manner and in accordance with all Applicable Laws. Landlord and shall be responsible for remedying any latent defects in the Shell Improvements or Site Improvements following notification from Tenant shall diligently pursue received in writing within one year following the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sProject Completion Milestone Date.

Landlord’s Work. As partial consideration for Landlord shall at Landlord's sole cost and expense (and not to be included in Operating Expenses, as a capital expenditure or otherwise), utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) cause the construction or installation of Building standard demising walls separating the Remaining Premises from the remainder of the floor in which the Remaining Premises are located and perform all other work required to separate the Remaining Premises from the remainder of the floor in which the Remaining Premises is located, as shown on the demising plan attached as Schedule 1 to this LeaseTenant Work Letter, Landlord agrees which work shall include any work needed to provide maintain or bring the common areas into compliance with Applicable Laws and pay for tenant improvements Code to the Premises up extent necessary for Tenant to obtain or maintain a certificate of occupancy and which work shall not include the total sum capping of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS process utilities, including DI water, CDA, and vacuum ($200,000.00which work shall be performed by Tenant as part of the Tenant Improvements if Tenant desires to cap such process utilities), (ii) replace or overlay the roof of the 225 Building (with a Building standard roof or roof overlay per Landlord's roof specification plan), and (iii) replace any Building systems serving the 201 Building or the 225 Building which are reasonably determined by Landlord to be at the end of their useful life prior to December 31, 2018 (collectively, the "Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant). In connection with the event foregoing, Tenant acknowledges the Landlord's Work costs set forth in excess items (ii) and (iii) above shall be performed at any time on or before December 31, 2018. Tenant hereby acknowledges that Landlord may perform all or portions of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent such Landlord's Work costs concurrently with the construction of the Tenant Improvements by Tenant, and Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in excess good faith in order that the work being performed by each party may be completed without material interference with the completion of $250,000, Tenant agrees to pay such additional costs the work being completed by the other party and without increase in cash prior cost to the commencement of constructionother party. In Tenant hereby acknowledges that Landlord shall be permitted to perform the event Landlord's Work costs less than $200,000during Tenant's occupancy of the Remaining Premises. Notwithstanding such occupancy of the Remaining Premises during the performance of the Landlord's Work, the rent Landlord shall be reduced pursuant permitted to perform the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work during normal business hours, and Tenant shall includeprovide a clear working area for such work, if necessary (including, but not be limited to, the costs moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is performing the Landlord's Work). Further, Tenant shall cooperate with all labor and materialsreasonable Landlord requests made in connection with or related to Landlord's completion of the Landlord's Work. Tenant hereby agrees that the performance of the Landlord's Work in the Remaining Premises shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Except to the extent arising from Landlord's negligence or willful misconduct, architecturalLandlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Landlord's Work, design, permits, fees and costs nor shall Tenant be entitled to any compensation or damages from Landlord for loss of construction use of the whole or any part of the Remaining Premises or of Tenant's improvements; provided, however, ’s personal property or improvements resulting from the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or TenantLandlord’s actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work. All such plans and specifications shall have , or for any inconvenience or annoyance occasioned by the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Work or Landlord's architect to prepare complete plans and specifications for actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work. Landlord shall use commercially reasonable efforts to perform the Landlord's Work in a manner designed to minimize interference with Tenant’s normal business operations in the Remaining Premises, and in connection therewith, construction activities that are reasonably anticipated to be disruptive to Tenant are to be conducted after normal business hours. Such plans activities to be performed after normal business hours include, but are not limited to: shooting drywall screwing, hammering, loud cutting, sanding, welding and specifications soldering, and Landlord shall coordinate and schedule with Tenant at least forty-eight (48) hours in advance for any work that requires a cost estimate for Landlord'spower shut down to the Remaining Premises.

Landlord’s Work. As partial consideration 17. For that portion of the Premises on the first floor, the Landlord, at the Landlord’s sole cost, will be responsible for this Leasethe removal of the walls and kitchenette identified in blue on the plan dated April 29, Landlord agrees to provide 2016 and pay for tenant improvements prepared by Parallel 45 Design Group Ltd. attached to the Lease as Schedule B1. Removal will include patching and repairing those areas where the walls were disconnected from adjoining walls. For that portion of the Premises up on the second floor the Landlord, at the Landlord’s sole cost, will remove the existing door and install drywall ready to accept the Tenant’s finishing in the location shown in orange on the floor plan attached to the total sum Lease as Schedule B1. All other work within the Premises (the Tenant’s Fit-up) shall, subject to the prior written approval of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("the Landlord's Work") pursuant , be the responsibility of the Tenant. In order to approve the Tenant’s Fit-up the Landlord will require the final plans, specifications and costs all of which must be to the Landlord’s satisfaction. At the time of the Landlord’s review of the Tenant’s final plans and specifications mutually agreed upon between the Landlord will be prepared to indicate, in writing, which, if any, of the Tenant’s Fit-up will not be subject to the surrender and restoration provisions of the Lease, as detailed in paragraph 19 herein and elsewhere where applicable. No work under the Tenant’s Fit-up can commence without the prior written approval of the Landlord. In Upon completion of the event Landlord's Work costs Tenant’s Fit-up, the issuance of an occupancy permit by the Buildings Branch of the City of Ottawa, the expiry of all lien periods, written confirmation from the Tenant that all trades and suppliers having worked on or supplied material for the Tenant’s fit-up have been paid in excess full and the Tenant is in occupancy of the Premises the Landlord will provide the Tenant with a payment of $200,000190,740.00 plus HST (the “Tenant Inducement”), but less than $250,000the amount setoff against the security deposit (as set out in s 3(d)), Landlord agrees to amortize the additional cost as part regardless of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the actual cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's’s Fit-up.

Landlord’s Work. As partial consideration for this LeaseLandlord, Landlord agrees to provide at its sole cost and pay for tenant improvements to expense, shall construct (i) the Building of the Project in which the Premises up will be located as generally described on Exhibit “D-1” attached hereto (sometimes referred to as the total sum “Base Building Improvements”), and (ii) V A V tenant boxes installed and operational on each floor with perimeter fan-powered boxes installed and operational along with perimeter slot diffusers and related ductwork. The foregoing work to be constructed by Landlord is collectively referred to as “Landlord’s Work.” Landlord’s Work shall be completed by Landlord in a good and workmanlike manner and in accordance with all applicable laws and regulations (including all handicap accessibility laws) in all material respects. It is estimated that Landlord will achieve substantial completion of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS Landlord’s Work on or before July 16, 2006 subject to extension for, among other things, items of force mejeure ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction“Estimated Completion Date”). To the extent that the design in such construction of the Landlord's ’s Work costs must be changed or added to in excess order to accommodate the special needs of $250,000Tenant in the Premises, such changes or additions will be considered part of the Tenant’s Work and any increased cost shall be paid for by Tenant in accordance with this Leasehold Improvements Agreement. The Landlord’s Work will not include any of the Tenant’s Work (as defined herein) and, without limiting the generality of the foregoing, the Landlord’s Work will exclude the following: (a) Tenant’s ceiling and lighting; (b) floor finish in the Premises; (c) interior finishes of any kind in the Premises; (d) interior partitions, doors, and hardware within the Premises; (e) Tenant’s furnishing, fixtures and equipment; (f) plumbing fixtures within the Premises; (g) distribution of plumbing and electrical services; and (h) any and all signs for the Tenant and the power therefore; (i) electrical panel distribution wiring and fixtures throughout the Premises. Except for Landlord’s agreement to provide the Landlord’s Work, and copies of the shell building drawings and any changes thereto during construction that may affect Tenant’s plans and specifications, Landlord has made no warranties or representations as to the condition of the Premises of any kind or nature, express, implied, or otherwise of any covenants of any kind or nature in connection with the condition of the Premises, and Landlord has made no commitments to remodel, repair, re-decorate, or improve the Premises. Tenant acknowledges and agrees that Tenant has taken the Premised, including, but not limited to, all mechanical and electrical improvements therein or thereto in an “AS IS” condition and will be responsible for all finish-out work which may be necessary in connection with such Premises, other than the Landlord’s Work. Landlord will notify Tenant from time to pay time of any extensions to the Estimated Completion Date but will diligently pursue completion of Landlord’s Work. Landlord will tender possession of the Premises to Tenant and Tenant will accept tender of possession of the Premises when Landlord’s contractor for Landlord’s Work has secured an “above the ceiling inspection” on the first floor of the Building by the City of Austin that such additional costs inspectors determines to be acceptable and Landlord gives Tenant notice of such satisfactory inspection (“Tender of the Premises”). The “above ceiling inspection” is the standard City of Austin inspection consisting generally of electrical, plumbing and mechanical above ceiling rough in cash inspection and above ceiling Fire Department visual and flow inspection of the sprinkler system. Landlord anticipates that Tender of the Premises will occur by approximately June 1, 2006 by written notice from Landlord to Tenant which will allow for Tenant to cause the commencement of construction of the Tenant’s Work. If the “above ceiling inspection” reveals certain remaining items to be completed or corrected that are within the scope of that inspection, Landlord and Tenant may nevertheless, by mutual agreement, agree to Tender of the Premises prior to the commencement of construction. In final “above the event Landlord's Work costs less than $200,000, the rent shall ceiling inspection.” Landlord will be reduced pursuant deemed to the following formula: $750,000 + Cost have achieved substantial completion of Landlord's ’s Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 upon the latter of (i) the issuance of a certificate of substantial completion of Landlord's ’s Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord’s architect, and (ii) the cost thereof shall be excluded: demolition, code compliance issuance of a temporary certificate of occupancy for the shell building by the City of Austin (e.g., ADA, general fire safetysometimes referred to as a shell certificate of occupancy), new entrance . Landlord will notify Tenant in the front writing (along with a copy of such certificate of substantial completion and such certificate of occupancy) within forty-eight (48) hours of when Landlord achieves substantial completion of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's ’s Work. All such plans The foregoing notwithstanding, it is understood and specifications shall have agreed that Tender of the approval Premises will occur prior to Landlord achieving substantial completion of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's ’s Work. Such plans and specifications and a cost estimate for Landlord's.

Landlord’s Work. As partial consideration for this LeaseLandlord, through its independent designated contractor, shall install in the New Premises those initial improvements specified in the Approved Space Plan and Final Construction Drawings including any work required to comply with any and all building codes and regulations governing such improvements (collectively with any subsequent modifications or additions, “Landlord’s Work”). Landlord agrees shall obtain competitive bids, solicited from at least three (3) general contractors to perform Landlord’s work and Landlord shall select the general contractor (the “General Contractor”) perform Landlord’s Work based on such competitive bids. Landlord shall not be obligated to provide any improvements, and the New Premises shall be delivered containing no property of any kind, other than Landlord’s Work. Tenant shall pay for tenant improvements all costs and expenses (including a construction management fee in the amount of five percent (5%) of the total cost of the initial buildout), incurred in connection with Landlord’s Work to the Premises up extent such costs and expenses exceed an allowance (the “Allowance”) equal to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS One Hundred Dollars ($200,000.00100.00) per square foot of the New Premises towards Landlord’s Work for a maximum Allowance of One Million One Hundred Ninety Thousand Dollars ("$1,190,000.00). Tenant shall pay fifty percent (50%) of Landlord's Work"’s reasonable estimate of those costs and expenses (if any) pursuant to plans which exceed the Allowance on or before the tenth (10th) day after the date Landlord gives Tenant notice of Landlord’s contractor’s estimate of such expenses. Tenant shall pay the remainder of such estimate within ten (10) days after Tenant’s receipt of a notice stating that Landlord’s Work are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall pay the remainder of the actual costs and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs expenses in excess of $200,000the Allowance when Landlord’s Work is substantially complete and Tenant receives a xxxx therefor along with reasonably satisfactory backup documentation evidencing such costs and expenses. Tenant shall pay such xxxx, but less than $250,000if any, Landlord agrees within thirty (30) days after Tenant’s receipt thereof and such backup information. All amounts payable pursuant to amortize this Exhibit by Tenant shall be considered additional rent and are subject to the additional cost as part provisions of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's.

Landlord’s Work. As partial consideration Landlord shall, at Landlord’s cost and expense: (i) perform such work, (if any) (“Fire Command Access Work”) as is necessary to make available sufficient points of access in Landlord’s fire command station for this Lease, Landlord agrees to provide and pay for tenant the Building as may be required by Applicable Law in connection with the initial improvements to made by Tenant in any portion of the Premises up to after the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term Execution Date of this Lease, together with interest at 10% per annum including, without limitation, the New 21st Floor Premises, and (ii) recalibrate and clean all perimeter induction units on each floor of the unpaid balance Office Premises and rezone all perimeter induction units (Landlord would prefer that Tenant pay this excess in cash at the time of constructionincluding adding a new thermostat for each corner office) within all corner offices on floors 15-20, 21 and 23 (collectively “HVAC Work”). To the extent Landlord shall perform Landlord's ’s Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not a schedule to be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed mutually agreed upon by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval provided that, in any event, the schedule for the performance of the Fire Command Assess Work to be performed with respect to the New 21st Floor Premises shall allow sufficient time to enable Landlord to substantially complete such work on or before the Outside 21st Floor Rent Commencement Date, as defined in Section D.1(a) above. Notwithstanding anything to the contrary herein contained, the performance and completion of Landlord’s Work shall have no effect on the Commencement Date or the Commencement Date with respect to the New 21st Floor Premises. Landlord shall coordinate such work with Tenant to minimize any disruption of Tenant’s business, provided however, that, except as set forth in Section D.1(c) above, Tenant shall not be unreasonably withheld by either party. Upon execution entitled to any diminution in rental value on account of this Leasethe performance of Landlord’s Work, Tenant, at its expense, and in no event shall Landlord have provided any liability to Tenant based upon the performance of Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's ’s Work. Such plans and specifications and a cost estimate for Landlord's.

Landlord’s Work. As partial consideration for this LeaseLandlord, Landlord agrees at its sole cost and expense, shall perform or cause to provide and pay for tenant improvements to be performed the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work"," defined herein to mean demolition of the Existing Building and construction of two (2) pursuant to concrete tilt-up building shells substantially in accordance with final plans and specifications mutually agreed upon between Landlord to be submitted to and Tenant. In approved by the event Landlord's Work costs in excess of $200,000Tenant pursuant to Section 1(b) below and by the City (once so approved, but less than $250,000the "Final Shell Plans"), Landlord agrees to amortize which building shells shall contain only the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum items listed on Exhibit B-2 or shown on the unpaid balance Final Shell Plans (Landlord would prefer that Tenant pay this excess in cash at the time of construction"Building Shells"). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not upon completion be limited to, in compliance with all then-applicable Laws and Private Restrictions (except to the costs extent noncompliance is the result of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance Tenant- requested changes in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the PremisesPreliminary or Final Shell Plans). Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or shall be performed using a general contractor selected by Landlord from the contractors listed Exhibit B-1; provided that Landlord may use contractors other than those on Exhibit B-1 subject to Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenantapproval, which approval shall not be unreasonably withheld or delayed. Landlord shall cause WHL Architects ("Architect") to prepare initial plans for construction of the Building Shells based on the shell specifications attached as Exhibit B-2 and the site plans attached as Exhibit B-3 (the "Preliminary Shell Plans"). The Preliminary Shell Plans shall provide for accommodation of Tenant's sewer line in the Buildings' slabs and may incorporate either of the site plans attached at Exhibit B-3 or be a combination thereof, as reasonably approved by either party. Upon execution Landlord and Tenant as set forth below, provided that in no event shall the design of this Lease, Tenant, at its expense, shall have provided the Project provide for a lobby larger than 6,000 square feet or for a number of parking spaces less than 3 spaces per 1,000 (in Landlord's architect with discretion, provided that in no event shall the parking be less than 2.75 per 1,000) Rentable Square Feet (excluding the Rentable Square Feet of the lobby). Landlord shall submit the Preliminary Shell Plans to Tenant for Tenant's approval. Tenant will provide written approval of the Preliminary Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Preliminary Shell Plans, the disapproval shall include written instructions sufficient adequate for Architect to enable revise the Preliminary Shell Plans. Such revisions shall be subject to Landlord's architect approval, which shall not be unreasonably withheld, provided that neither Landlord nor Tenant shall be entitled to request or require changes to the Preliminary Shell Plans to the extent inconsistent with Exhibits B-2 and B- 3. Tenant will finally approve the revised Preliminary Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Preliminary Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Building Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). After Tenant's approval of the Preliminary Shells Plans, such plans shall be submitted to the City for approval. After approval by the City of the Preliminary Shell Plans, Landlord shall cause Architect to prepare complete plans Final Shell Plans. Tenant will provide written approval of the Final Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Final Shell Plans, the disapproval shall include written instructions adequate for Architect to revise the Final Shell Plans. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Final Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Final Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and specifications for the cost of such delay, in Landlord's completion of the Building Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). Landlord's Work shall be deemed to have been "Substantially Completed" or to have attained "Substantial Completion" as and when hereinafter set forth in this subparagraph 1(c). When Landlord receives written certification from Architect that construction of the foundation, structural slab on grade (except to the extent delayed by Tenant's action or inaction, including at Tenant's request to accommodate Tenant's design requirements and/or any underslab aspects of the Tenant Improvements), Landlord's underslab plumbing work, structural steel framework, decking and concrete on second floor, roof structure and installation of main fire sprinkler risers in the Buildings and all other work shown on the Final Plans (other than the Late Delivery Items and punchlist items) have been completed in accordance with the Final Shell Plans approved by the City and the parties, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Structural Completion Certificate") certifying that the construction of such portions of the Buildings have been substantially completed in accordance with the Final Shell Plans in all material respects and specifying the date of that completion. To the extent reasonably available from the City, Landlord shall include reasonable evidence that the City has signed off on the items of Landlord's Work. Such plans The delivery of such Structural Completion Certificate (and specifications evidence from the City, if any) shall memorialize the date that the Landlord's Work was "Substantially Completed," subject to concurrence by Tenant's architect, which concurrence shall not be unreasonably withheld and shall be given (or reasonably withheld) within five (5) business days after receipt of the Structural Completion Certificate. Within five (5) business after Landlord's delivery of the Structural Completion Certificate, Landlord and Tenant (and/or their representatives) shall conduct a walkthrough of the Building Shells using diligence to specify any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair. Landlord and Tenant within said five (5) business day period after their inspection shall prepare a "punchlist" of any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair, and Landlord shall cause such items to be completed or corrected at its sole cost estimate and expense within a reasonable time thereafter. Promptly after Landlord provides Tenant with the Final Completion Certificate, Landlord shall cause the recordation of a Notice of Completion (as defined in Section 3093 of the California Civil Code) with respect to Landlord's Work. The term "Substantially Completed" shall not include the parking areas or landscaping of the Property (the "Late Delivery Items") or punchlist items. Landlord and Tenant acknowledge and agree that the Late Delivery Items shall be completed by Landlord no later than the date which is the later to occur of (A) the date Tenant actually occupies the Leased Premises for the conduct of its business or (B) June 30, 2003. When Landlord receives written certification from Architect that construction of the remaining improvements constituting the Landlord's's Work (including the Late Delivery Items and punchlist items) has been completed in accordance with the Final Shell Plans, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Final Completion Certificate") certifying that the construction of the remaining improvements constituting Landlord's Work has been substantially completed in accordance with Final Shell Plans in all material respects, and specifying the date of that completion. Upon receipt by Tenant of the Final Completion Certificate, the Landlord's Work will be deemed delivered to Tenant for all purposes of the Lease (subject to Landlord's continuing obligations with respect to the punchlist items). Notwithstanding any other provisions of this Work Letter or of the Lease, if Landlord is delayed in substantially completing any of Landlord's Work necessary for issuance of the Structural Completion Certificate as a result of any Tenant Delay (as defined below), then the Rent Commencement Date (as otherwise determined in accordance with Article 1 of the Lease) shall be advanced one day earlier for each day by which such Tenant Delay delayed completion of the portions of Landlord's Work necessary for issuance of the Structural Completion Certificate, and Tenant shall reimburse Landlord in cash, within thirty (30) days after written demand by Landlord (accompanied by reasonable documentation of the items claimed), for any increased construction- related costs and expenses actually incurred by Landlord as a result of the Tenant Delay, if any.

Landlord’s Work. As partial consideration for this LeaseLandlord, Landlord agrees at its own cost, shall (a) make available to provide and pay for tenant improvements to Tenant at the core of each floor on which the Premises up are located (including the Expansion Space and any First Offer Space) electrical capacity equal to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant 7.0 xxxxx per usable square foot, demand load, in addition to plans any xxxxx needed to operate any base Building equipment and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to equipment servicing the Premises, whether Landlord's Work or Tenant's Work. All such plans (b) modify the sub-metering on the 21st Floor and specifications shall have the approval of both Landlord and Tenant27th Floor to provide a single central meter to allow Tenant to feed all existing panels on each floor, (c) provide Tenant a pathway, which shall be reasonably contiguous with minimal offsets, within the Building core for two (2) four (4) inch openings and associated pull boxes from Tenant’s existing data center within the Building to each Expansion Space floor and allow Tenant or a contractor hired by Tenant to install conduits and cabling, provided that Landlord may require Tenant to submit for Landlord’s approval (which shall not be unreasonably withheld by either party. Upon execution of this Lease, withheld) construction drawings detailing Tenant’s conduit and cabling work and Landlord, at its expenseown cost, may monitor such work, (d) provide ten (10) tons of supplemental condenser water per year for cooling with 2.5-inch valved take offs at each floor of the Premises [including Expansion Space and any First Offer Space] to be available twenty-four (24) hours a day, every day of the year (subject to shutdowns for emergency repairs or, after providing notice to Tenant, other repairs or maintenance), provided that Tenant shall have be responsible for all other costs associated with supplementary cooling, including but not limited to the costs of additional condenser water and installation, repair, maintenance, replacement and operation of such supplementary cooling. Landlord shall complete its work not less than 30 days prior to the applicable Expansion Space Commencement Date and may perform the foregoing work while Tenant is constructing improvements in accordance with Section 52.A(vii) of this Amendment, provided Landlord's architect that Landlord shall not unreasonably interfere with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'sTenant’s work.

Landlord’s Work. As partial consideration for In relation to the construction of improvements and alterations in the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set forth on the Tenant’s Plans (as hereinafter defined) which shall be based on the concept plans to be provided by Tenant to Landlord on or before January 31, 2014. Landlord shall construct at Landlord’s sole cost and expense up to an amount not to exceed the Allowance in accordance with the terms and provisions of this Exhibit B and the Lease, Landlord agrees to provide and pay but which shall not include furnishings or any data/telecommunications cabling, wiring or systems required by Tenant for tenant improvements the Premises (collectively, “Tenant’s Tel/Data Work”). Subject to the Premises up terms and conditions of this Exhibit B, Tenant shall contract with its vendors and contractors (collectively, “Tenant’s Tel/Data Contractors”) directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs and expenses incurred in connection therewith and for all costs of Tenant’s furnishings. In addition to the total sum Landlord’s Work, prior to Tenant’s occupancy of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000Pre-Expansion Premises, Landlord agrees shall (a) at Landlord’s cost and expense, subject to amortize the additional Entrance Work Allowance (as hereinafter defined), perform certain work relating to the entrance areas at the 20 Xxxxxx Building based on the concept plans attached hereto as Schedule I hereto (the “Entrance Work”), and (b) at Landlord’s sole cost as part of and expense, perform the rent over work set forth on Schedule II hereto (collectively, the five (5)-year term of this Lease, “Base Building Work” and together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at Landlord’s Work and the time of construction). To the extent Landlord's Work costs in excess of $250,000Entrance Work, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000collectively, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety“Work”), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's.

Landlord’s Work. As partial consideration for this LeaseLandlord, through its independent designated contractor, shall install in the Premises those initial improvements specified in the Approved Space Plan and Final Construction Drawings (collectively with any subsequent modifications or additions, “Landlord’s Work”). Landlord agrees shall not be obligated to provide and pay for tenant improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS ($200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's any improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof Premises shall be excluded: demolitiondelivered containing no property of any kind, code compliance other than Landlord’s Work. Tenant shall pay all costs and expenses (e.g., ADA, general fire safetyincluding a construction management fee in the amount of three percent (3%) of the total cost of the initial buildout), new entrance and all fees and charges for utilities during the initial buildout) incurred in connection with the front Leasehold Improvements to the extent such costs and expenses exceed an allowance (the “Initial Allowance”) equal to the product of (a) thirty-six and 00/100 dollars ($36.00), multiplied by (b) the building, entrance number of square feet of rentable area in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC system to (but not within) the Premises. Tenant shall not receive any credit, cash or otherwise, for any unused portion of the Allowance. Notwithstanding the foregoing, in the event that the cost of the completion of the Landlord’s Work of the Premises exceeds the Initial Allowance, Landlord, at Tenant’s written request, shall contribute an additional allowance (the “Additional Allowance”) equal to the product of (a) ten and 00/100 dollars ($10.00), multiplied by (b) the number of square feet of rentable area in the Premises. The full amount of the Additional Allowance will be amortized over the Lease Term, at an interest rate of nine percent (9%) per annum, and shall be payable, as Additional Rent, along with Tenant’s monthly installments of Base Rent, in accordance with the provisions of Article IV. The Initial Allowance and Additional Allowance are collectively referred to as the “Allowance.” Tenant shall pay fifty percent (50%) of Landlord’s reasonable estimate of those costs and expenses (if any) which exceed the Allowance on or before the later to occur of (i) the earlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, or (B) the date of Tenant’s execution of the Lease, or (ii) the tenth (10th) day after the date Landlord gives Tenant notice of Landlord’s estimate of such expenses. Tenant shall pay twenty-five percent (25%)/the remainder of of such estimate within ten (10) days after Tenant’s receipt of a notice stating that Landlord’s Work are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall pay for all such costs and expenses (minus any estimated payments made as aforesaid) when Landlord’s Work are substantially complete and Tenant receives a xxxx therefor. Tenant shall diligently pursue pay such xxxx, if any, no later than the preparation earlier of all plans the Lease Commencement Date or ten (10) days after Tenant’s receipt thereof. All amounts payable pursuant to this Exhibit by Tenant shall be considered additional rent and specifications for all improvements are subject to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have provisions of the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's.

Landlord’s Work. As partial consideration for this LeaseLandlord will deliver the Fifth Floor Expansion Premises to Tenant on October 1, Landlord agrees 2005 (the “Fifth Floor Expansion Commencement Date”) in “as-is,” “where-is,” broom clean and vacant condition, in accordance with and subject to provide any provisions of the Lease pertaining to hazardous materials and pay for tenant improvements in good working order and in substantial compliance with all building codes and ordinances applicable to the Premises up use and occupancy of such premises (the “Landlord’s Work”) with the cost of same being at the sole cost and expense of Landlord, without any of such costs being part of Building operating costs, charged to Tenant, or being deducted from the Fifth Floor Expansion Allowance. Landlord’s Work shall be completed prior to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS Fifth Floor Expansion Commencement Date and shall include, without limitation, the following: window coverings; ceiling and grid tiles; walls ($200,000.00) ("Landlord's Work") pursuant as depicted on Exhibit BVI attached to plans this Sixth Amendment); the base building plumbing systems; the fire and specifications mutually agreed upon between Landlord and Tenant. In life safety systems; the event Landlord's Work costs in excess of $200,000base building HVAC mechanical systems, but less than $250,000, Landlord agrees to amortize the additional cost unless modified as part of the rent over Tenant’s Work; and the five (5)-year term base building electrical systems, unless unreasonably modified as part of this Leasethe Tenant’s Work. Notwithstanding the forgoing, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, Tenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, the rent nothing herein shall be reduced pursuant construed to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items mean that Landlord shall be completed by Landlordprevented from performing normal maintenance and repairs and passing the documented, and the out-of-pocket cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors same through to windows, landscape the atrium and installation Tenant as part of HVAC system to (but not within) the Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord'snormal operating expenses.