Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. Landlord will make certain improvements to the Premises (the “Landlord’s Work”) as set forth on that certain space plan and scope of work (collectively, the “Plans”) attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans or any part of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and specifications shall specifically identify the nature of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans and specifications, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications the same shall be deemed the “Plans” for the purposes of this Work Letter. Except as may be otherwise shown on the Plans, Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use by Landlord.

Landlord’s Work. Landlord will make certain improvements to shall complete the Premises work set forth in the Plans (the as defined below) developed in accordance with this Work Letter (“Landlord’s Work”) ), which work shall be performed at Landlord’s expense (subject to Tenant paying all costs in excess of Landlord’s Contribution, as more particularly set forth on in Sections 5(E) and 8 hereof). The parties agree that certain space plan and the scope of work (collectively, such Landlord’s Work will be as shown on the “Plans”) Initial Plan and Budget attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans or any part B-1 hereof (subject to Plan approval, if required, as set forth in this Exhibit B; provided, however, that such Plan approval shall not alter the scope of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the sameunless Landlord expressly so agrees in writing). Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and specifications shall specifically identify the nature of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. The Landlord and Tenant shall diligently agree that the details and particulars of Landlord’s Work will be determined pursuant to the approval process for Plans set forth below and both parties will work together in good faith to agree upon finalize such plans Plans as soon as practicable. Upon finalization of the Plans and specificationsprocurement of all permits and approvals required to proceed with Landlord’s Work, it being agreed that Landlord shall exercise commercially reasonable efforts to substantially complete the Landlord’s Work. Tenant shall have no right claim against Landlord for failure to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications substantially complete the same shall be deemed the “Plans” for the purposes of this Work Letter. Except as may be otherwise shown on the Plans, Landlord shall perform Landlord’s Work using new building standard materialsby any specified date and no diminution or abatement of Annual Fixed Rent or other compensation shall or will be claimed by Tenant as a result therefrom, quantities and procedures then nor shall this First Amendment, the Lease or any of the obligations of Tenant be affected or reduced by reason of such delay in use by Landlordsubstantial completion.

Landlord’s Work. (a) Construction of Landlord's Work. Landlord will make certain construct at ------------------------------- Landlord's sole cost and expense, through its contractor, the improvements to the Premises (the “Landlord’s Work”) as set forth on that certain space plan described in Schedule 1 attached hereto and scope of work incorporated herein by this ---------- reference (collectively, the “Plans”) attached hereto as Schedule 1 and previously approved by Tenant"Landlord's Work"). Should said Plans or any part of The Landlord’s 's Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from be constructed in accordance with Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such 's plans and specifications therefor ("Landlord's Work Plans and Specifications"). No changes, alterations, or modifications shall specifically identify be made to the nature Landlord's Work Plans and Specifications without the prior written consent of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant, which consent Landlord or Tenant may withhold in its sole and absolute discretion; provided, however, Landlord, without the consent of Tenant, shall diligently work together in good faith be entitled to agree upon such plans and specificationsmake any changes, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approvalalterations, or deemed approvalmodifications to the Landlord's Work as shown in Landlord's Work Plans and Specifications necessary to (a) accommodate on-site or field variations, (b) to comply with building codes and other applicable governmental regulations, or (c) to comply with permits, approvals or entitlements obtained by Landlord for the Landlord's Work or Landlord's intended development of such additional plans the Land. The cost of any changes, alterations or modifications to the Landlord's Work requested to be made by Tenant, and specifications the same approved by Landlord, shall be deemed the “Plans” for the purposes of this Work Letter. Except as may be otherwise shown on the Plans, paid by Tenant to Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use within ten (10) days after written demand by LandlordLandlord to Tenant therefor.

Landlord’s Work. Landlord will make certain For purposes of this Paragraph, "Landlord's Work" shall be defined as those alterations and improvements to the Premises (the “be constructed by Landlord as described in Exhibit "All attached hereto. Landlord’s Work”) as set forth on that certain space plan and scope of work (collectively, the “Plans”) attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans or any part of Landlord’s 's Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and specifications shall specifically identify the nature of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans and specifications, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications the same shall be deemed completed, and the “Plans” Leased Premises shall conclusively be deemed available for occupancy by Tenant when Landlord's architect certifies in writing that Landlord's Work has been substantially completed. Landlord's work shall be deemed substantially completed notwithstanding that (a) certain minor or non- material details of construction, mechanical adjustment or decoration ("punchlist items") are incomplete, or (b) portions of Landlord's Work are incomplete because such work cannot be performed until work to be performed by or on behalf of Tenant is completed. In the purposes event Landlord is delayed in completing Landlord's Work by any delay, interference or hindrance of this Work Letter. Except as may such work by Tenant, Tenant's contractors or any of their employees or agent's, or by any changes in such work requested by Tenant and agreed to by Landlord, or by Tenant's failure timely and properly to perform any of its obligations imposed pursuant to any work agreed upon between Landlord and Tenant, the Leased Premises shall conclusively be otherwise shown deemed substantially completed and available for occupancy on the Plansdate on which the same would have been completed in the absence of such delay, which date shall be determined by Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use by Landlordits sole discretion.

Landlord’s Work. Landlord will make certain improvements to the Premises (the “Landlord’s Work”) as set forth on that certain space plan and scope of work (collectively, the “Plans”) attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans or any part of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) andshall, at Landlord’s electionexpense and in accordance with Landlord’s standard Building specifications and all applicable legal requirements, be deemed perform the work described in Exhibit B attached hereto and made a part hereof in order to lay out the Demised Premises for Tenant’s approval thereofoccupancy (herein referred to as the “Premises Work”). Tenant’s disapproval The parties acknowledge that Exhibit B includes a preliminary description of such the Premises Work and that final plans and specifications shall specifically identify the nature of such disapprovalsuitable for construction purposes are to be prepared by Landlord’s Architect. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant shall diligently work together promptly furnish any information which may be requested by Landlord’s Architect in good faith connection with such preparation. Tenant acknowledges and represents to agree upon such plans and specifications, it being agreed Landlord that Tenant has inspected and examined, or caused to be inspected and examined, the Demised Premises and that Tenant is fully familiar with the physical condition and state of repair thereof. Except to the extent of the Premises Work and subject to Landlord’s maintenance and repair obligations under this Lease, Tenant shall accept the Demised Premises in their existing condition and state of repair “as is” on the Term Commencement Date, and Landlord shall have no right obligation to request that such plans and specifications be revised make any installations, alterations or other improvements of any kind thereto or contribute to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications the same shall be deemed the “Plans” for the purposes of this Work Letter. Except as may be otherwise shown on the Plans, Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use by Landlordcost thereof.

Landlord’s Work. Landlord will shall perform, at Landlord’s sole cost and expense, those items indicated to be at Landlord’s cost on Schedule 1 attached hereto and made a part hereof and, if Tenant elects to convert the existing data center to office space, Landlord shall also make certain any improvements necessary to provide HVAC service to the entire Annex Premises (the collectively, “Landlord’s Work”). Landlord shall cause Landlord’s Work to be performed concurrently with Tenant’s construction of the Improvements pursuant to this Tenant Work Letter and Landlord and Tenant shall work together, in good faith, to schedule such work so that Landlord’s Work does not interfere with Tenant’s construction of the Improvements and Tenant’s construction of the Improvements does not interfere with Landlord’s Work. Landlord has constructed, at its sole cost and expense, the base, shell and core (i) as set forth of the Premises, and (ii) of the floor of the Project on that certain space plan and scope of work which the Premises is located (collectively, the “PlansBase, Shell and Core”). Tenant acknowledges that the Premises and the Base, Shell and Core shall be delivered to Tenant in their “as-is” condition, except (a) attached hereto for latent defects to the Base, Shell and Core (but not latent defects in the existing leasehold improvements), (b) for Landlord’s obligations expressly provided in the Lease, and (c) as expressly provided in Schedule 1 hereto. The renovations to the improvements in the Premises shall be designed and previously approved by Tenant. Should said Plans or any part of Landlord’s Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and specifications shall specifically identify the nature of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans and specifications, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except constructed pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications the same shall be deemed the “Plans” for the purposes of this Tenant Work Letter. Except as may be otherwise shown on the Plans, Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use by Landlord.

Landlord’s Work. Landlord will make certain improvements to Promptly following the Premises execution of this Lease, the Landlord, at the Landlord’s expense, shall perform the work described in Exhibit G attached hereto (the “Landlord’s Work”) as set forth on that certain space plan ). The Landlord shall obtain all necessary permits and scope other governmental approvals in connection with the Landlord’s Work prior to commencement of work (collectivelythe Landlord’s Work. Promptly after execution of this Lease, the “Plans”Landlord shall commence and complete the Landlord’s Work on or before the Commencement Date, subject to External Causes. Landlord’s Work may vary from the requirements of Exhibit G if the variance is (i) attached hereto as Schedule 1 and previously approved by Tenant. Should said Plans necessary or any part advisable due to (A) the job conditions or good construction practices, (B) the building permits for such work, or (C) applicable legal requirements, (ii) non-substantial or (iii) of greater utility or value than that which it replaces; All of Landlord’s Work require shall be performed by the general contractor selected by the Landlord in its sole discretion. Landlord will provide turnkey construction consistent with Exhibit G, and Landlord will pay the costs of labor and materials incurred in connection with the performance of the construction of the Premises described in Exhibit G, including the costs of permits and insurance as well as architectural and engineering services rendered in the preparation or development and design of additional plans or construction drawings and specifications. The space planning design, then construction drawings and specifications will be provided by Landlord at no cost to Tenant. Tenant shall have three (3) business days from may inspect Landlord’s submission Work at reasonable times and will promptly give notice of such additional plans observed defects in materials or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and specifications shall specifically identify the nature of such disapprovalworkmanship. Landlord shall then have will promptly correct such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agreesdefects. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans and specifications, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, or deemed approval, of such additional plans and specifications the same The Premises shall be deemed the “Plans” ready for the purposes of this Work Letter. Except as may be otherwise shown occupancy on the Plans, Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use by Landlord.earlier of:

Landlord’s Work. Landlord will Tenant shall accept the Leased Premises in their "as is" condition as of the date of this Lease, except that Landlord, at its expense, shall make certain such improvements to the Premises (the “Landlord’s Work”) Leased Premises, as set forth in Exhibit "C" hereto ("Landlord's Work"). All other work done by Landlord at Tenant's request shall be at Tenant's expense and shall be paid for within five (5) days after the presentation to Tenant of a xxxx for such work. Acceptance of possession by Tenant shall be conclusive evidence that Landlord's Work has been fully performed in the manner required, except for items which are specifically identified by Tenant on that certain space plan a punch list submitted to Landlord within thirty (30) days after the Delivery of Possession Date and scope for latent and structural defects in Landlord's Work. If any of work (collectively, the “Plans”) attached hereto as Schedule 1 Landlord's Work is dependent upon Tenant's Working Drawings and previously approved Specifications or other information or materials to be supplied by Tenant. Should said Plans , and such Working Drawings and Specifications or any part other information or materials are not properly or timely furnished, then at Landlord's option (i) Landlord may elect not to perform such portion of Landlord’s 's Work, or (ii) Landlord may perform such portion of Landlord's Work require the preparation or development of additional plans or specifications, then Tenant shall have three (3) business days from Landlord’s submission of such additional plans or specifications to Tenant to approve or disapprove the same. Tenant’s failure to so approve or disapprove within such three (3) business day period shall constitute a Tenant Delay (as defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such in accordance with plans and specifications shall specifically identify the nature of such disapproval. or other information deemed by Landlord shall then have such plans in its sole discretion to be appropriate or (iii) Landlord may wait for Tenant's proper Working Drawings and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned Specifications or delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans and specifications, it being agreed that Tenant shall have no right to request that such plans and specifications be revised to reflect any work which is not contemplated on Schedule 1 attached hereto except pursuant to Section 5 below. Upon approval, other information or deemed approval, of such additional plans and specifications the same shall be deemed the “Plans” for the purposes of this Work Letter. Except as may be otherwise shown on the Plans, Landlord shall perform Landlord’s Work using new building standard materials, quantities and procedures then in use by Landlord.whereupon (notwithstanding any other