Common use of Preparation of Plans Clause in Contracts

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(sLandlord and Tenant have agreed upon a conceptual space plan (the “Space Plan”, as more particularly shown in Exhibit A above) acceptable for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”). Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect, Xxxxxxxx. Landlord shall be responsible for the cost of plans for Landlord-Cost Initial Work and Tenant shall be responsible for the cost of plans for Tenant-Cost Initial Work. On or before five (5) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Owner Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto herein as Exhibit A (collectively, the “Plans”), for . In the proposed Adjustment of the Owner Utilities. The Developer represents and warrants event that the Plans conform to Tenant does not approve the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Draft Plans, the Owner hereby approves Landlord shall cause the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A Architect within five (collectively, the “Plans”), for the proposed Adjustment 5) business days after receipt of the Owner Utilities. The Owner represents and warrants that the Plans conform Tenant’s written detail to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the provide revised Draft Plans. The Owner also has provided Plans must be approved and the Landlord must be given the authorization by the Tenant to proceed with the Landlord Work no later than May 4, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the Developer a utility plan view map illustrating adequacy or sufficiency of such drawings, plans and specifications or the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard construction to its preparation of the Planswhich they relate, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plansfor any use, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Planspurpose, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneror condition.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable Tenant shall prepare at Tenant’s cost, subject to reimbursement from the Improvement Allowance to the Owner to perform all engineering services needed extent permitted under Section 6 of this Exhibit B, as hereinafter defined, plans ("Tenant's Plans") for the preparation construction and layout of plansthe Premises, required specificationsusing Landlord's Building Standard Materials and Finishes, and cost estimates, which Tenant Plans shall be in accordance with the layout plan attached hereto as Exhibit A B-1 and the plan requirements set forth below and shall be submitted to Landlord for its approval (collectivelywhich may be given or denied in accordance with Section 5.9 of the Lease) on or before the Tenant’s Plan Delivery Date (as defined in Section 1.1 of this Lease). Tenants leasing partial floors shall design entrances, doors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building Standard Materials and Finishes for such floor. Landlord reserves the right to reject plans which in its opinion fail to comply with this provision. All mechanical, electrical and plumbing engineering design work shall be performed by an engineer reasonably designated and/or approved by Landlord. (Landlord hereby approves AHA Consulting Engineers of Cambridge, MA and Lexington, MA (“AHA Consulting Engineers”) for such purpose). Time is of the essence with respect to Tenant's preparation and submission of Tenant's Plans”). Landlord shall have the absolute right to approve Tenant's Plans in Landlord's sole discretion, and if, for any reason, Landlord does not approve Tenant's Plans, it shall state specifically the proposed Adjustment reasons therefor. Unless Tenant promptly makes the changes to Tenant's Plans as are required by Landlord, Landlord has the right to terminate this Lease and all of Landlord's obligations hereunder by written notice to Tenant. Landlord may delete from Tenant’s Plans and any Change Order, as hereinafter defined, and need not approve, any items or aspects of Tenant’s Plans which in Landlord’s reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of operating the Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq.Building, (iv) would require unusual expense to readapt the “UAR”). By its execution Premises to general purpose office use or (v) otherwise do not comply with the provisions of this Agreement or by the signing of the PlansLease (including, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4without limitation, Section 5.9). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed Tenant is currently preparing, at its sole cost and expense, except as set forth in this Section 2, plans and specifications for the preparation improvements Tenant desires to make in connection with Tenant’s occupancy of plans, required specifications, and cost estimates, attached hereto as Exhibit A the Premises (collectively, the “Plans”). In addition to the Landlord’s Contribution (defined below), for the proposed Adjustment Landlord shall contribute up to $1,764.23 (i.e., $0.15 per rentable square foot of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., Premises) (the “UARLandlord’s Plans Contribution”)) toward Tenant’s costs in preparing a preliminary space plan and one (1) revision. By its execution The Plans shall be submitted to Landlord for Landlord’s approval (such approval not to be unreasonably withheld or delayed) no later than thirty (30) days from the date hereof, and Landlord shall approve or disapprove of this Agreement the Plans within five (5) Business Days after receiving them. Any disapproval by Landlord of the Plans shall be accompanied by a reasonably specific statement of reasons therefor. Tenant shall cause the Plans to be revised in a manner sufficient to remedy Landlord’s objections and/or respond to Landlord’s concerns and shall resubmit the revised the Plans to Landlord, and Landlord shall either approve or by disapprove of the signing revised Plans within five (5) Business Days following the date of resubmission. If Landlord shall again disapprove of the Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the Owner hereby approves foregoing procedures until the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4)have been approved by Landlord. The Owner has provided plansPlans shall be stamped by a Maryland-registered architect and engineer, required specifications such architect and cost estimatesengineer being subject to Landlord’s approval as set forth in Section 2(b), attached hereto as Exhibit A below, and shall comply with all applicable laws, ordinances and regulations (collectivelyincluding, without limitation, the “Plans”), for the proposed Adjustment applicable requirements of the Owner Utilities. The Owner represents and warrants that the Plans conform Americans with Disabilities Act of 1990, as amended from time to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Planstime, and the charges therefore do regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord will not exceed approve any alterations or additions that require unusual expense to readapt the OwnerPremises to the Permitted Use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances reasonably acceptable to Landlord that such readaptation will be made prior to such expiration or termination without expense to Landlord and for payment of any such increased cost. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with respect to Tenant’s typical costs Work is solely for such work. The Owner utilized consulting engineers to prepare the PlansLandlord’s benefit, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary without any representation or warranty whatsoever to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable Tenant with respect to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneradequacy, correctness or efficiency thereof or otherwise.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(sWithin thirty (30) acceptable days after the Execution Date, Tenant, at its expense, shall submit to Landlord, preliminary plans and specifications prepared by Tenant's architect or engineer, with respect to the Owner remodeling of the Existing Building and addition to perform all engineering services needed Tenant's Building and any applicable common area improvements such as sidewalks and landscaping ("Preliminary Plans"). Landlord shall approve or disapprove the Preliminary Plans fifteen (15) within days, specifying with particularity the exact reason for any such disapproval ("Landlord's Notice"). In the event of disapproval Landlord and Tenant shall immediately start working together in good faith to reach agreement and within twenty (20) days of Tenant's receipt of Landlord's Notice Tenant shall, at its expense, prepare working drawings and specifications ("Building Plans") and submit same for approval by Landlord which approval shall not be unreasonably withheld. The Building Plans shall be prepared substantially in accordance with the approved Preliminary Plans. Landlord shall give Tenant written notice within fifteen (15) days after receipt of the Building Plans, of its approval or disapproval thereof (stating with reasonable particularly the exact reason for any such disapproval). Disapproval shall be based upon any reasonable objections thereto arising from non-compliance with the Preliminary Plans. In the event of disapproval, Tenant shall revise the Building Plans and shall re-submit them to Landlord, with Landlord's approval or disapproval to be subject to the manner and time set forth above for the preparation submission of plansthe Preliminary Plans. Tenant shall perform the work set forth in the final approved Building Plans ("Tenant's Work") within the time period as set forth in Section 6.04 of this Lease. During the construction Tenant may from time to time make minor variations to the approved Building Plans provided same (i) do not materially reduce the structural soundness of Tenant's Building, required specifications(ii) are in all respects in compliance with all Legal Requirements, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans iii) otherwise conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), terms and conditions set forth in 43 Texthe approved Building Plans. AdminNotwithstanding the above, any changes to the approved Building Plans which will affect the structural integrity or alter the exterior of Tenant's Building, shall require Landlord's prior written consent thereto, which consent shall not be unreasonably withheld or delayed. Code Part 1In the event (i) Tenant fails to submit the Preliminary Plans or Building Plans or revision thereof, Chapter 21at the times required herein (or as same may have been extended by written agreement of Landlord and Tenant) or (ii) Landlord and Tenant, Subchapter C et seq.acting in good faith, cannot agree on the Preliminary Plans or Building Plans within the time periods provided (as same may have been extended by written agreement of Landlord and Tenant) then either party shall have the “UAR”). By its execution right to terminate this Lease, by written notice to the other party, which termination shall be effective thirty (30) days after receipt of this Agreement or by such written notice, provided that within such thirty (30) day period, Landlord and/or Tenant shall have the signing of the Plansright to cure such failure in which event, the Owner hereby approves the Plans Lease termination shall be null and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plansvoid, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, this Lease shall continue in full force and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Ownereffect.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(sTenant shall prepare a space plan showing, among other things, a partition layout, door location and some furniture located in key spaces within the Second Expansion Premises (the “Space Plan”) acceptable for the work to be performed by Landlord to prepare the Second Expansion Premises for Tenant’s occupancy (“Tenant Work”), such Space Plan to be completed within five (5) business days of the full execution and delivery of this Amendment. Landlord will make Landlord’s architect available to Tenant for completion of the Space Plan. Within seven (7) business days following completion of the Space Plan and in consultation with the Tenant, construction plans and specifications for the Tenant Work consistent with the Space Plan (the “Draft Plans”) shall be prepared by Landlord’s architect at Tenant’s sole cost and expense. On or before three (3) days after receipt thereof, Tenant shall approve of the Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the Draft Plans do not conform to the Owner Space Plan. The Draft Plans, as approved by Tenant in writing, shall be referred to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto herein as Exhibit A (collectively, the “Plans”). In the event that the Tenant does not approve the Draft Plans, for the proposed Adjustment Landlord shall cause the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. Time is of the Owner Utilities. The Developer represents and warrants that the Plans conform essence with respect to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing preparation and approval of the Plans, the Owner hereby approves . Upon final approval of the Plans by Tenant and confirms that the Plans are receipt of any Overage (defined in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”Section 4 below), Landlord shall, with all reasonable diligence, engage the General Contractor (defined below) to construct the Tenant Work and file for the proposed Adjustment building permit for the Tenant Work. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Owner Utilities. The Owner represents and warrants that the Plans conform Second Expansion Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the UAR. By its execution adequacy or sufficiency of this Agreementsuch drawings, plans and specifications or the Developer and the Owner hereby approve the Plans. The Owner also has provided construction to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Planswhich they relate, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plansfor any use, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Planspurpose, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneror condition.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable Tenant shall prepare at Tenant’s cost, subject to the Owner to perform all engineering services needed Space Planning Allowance, plans (“Tenant’s Plans”) for the preparation construction and layout of plansthe Premises. Tenants leasing partial floors shall design entrances, required specificationsdoors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building standard materials and common area finishes for such floor. Tenant may contract directly for design work or through design-build contracts with Landlord approval not to be unreasonably withheld, conditioned or delayed. Where required, Tenant shall employ the engineers utilized or otherwise approved by Landlord to construct the Building for all mechanical, electrical and cost estimatesplumbing engineering design work, attached hereto as Exhibit A (collectivelyLandlord approval not to be unreasonably withheld, conditioned or delayed. Tenant reserves the “Plans”), sole right to employ engineers reasonably approved by Landlord for the proposed Adjustment design of Tenant’s data center. Tenant shall consult with Landlord from time to time as Tenant’s Plans are being prepared and Tenant’s Plans shall be subject to Landlord’s prior written approval prior to the commencement of construction. Landlord shall not unreasonably withhold, condition, or delay Landlord’s approval of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Tenant Plans, and if, for any reason, Landlord does not approve Tenant’s Plans, it shall state specifically the charges therefore reasons therefor. Landlord need not approve any items or aspects of Tenant’s Expansion Construction which in Landlord’s reasonable judgment (i) would materially delay other work in the Building, (ii) would materially increase the cost of operating the Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of the, Building, (iv) would require unusual expense to readapt the Premises to general purpose office use (unless Tenant agrees to remove same and/or readapt the Premises) or (v) otherwise do not exceed comply with the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment provisions of the Owner Utilities described hereinLease (including, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Ownerwithout limitation, Section 5.1 D).

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(sTenant shall prepare at Tenant’s cost, subject to the Improvement Allowance, as hereinafter defined, plans (“Tenant’s Plans”) for the construction and layout of the Premises. Tenant shall employ engineers reasonably acceptable to Landlord for all mechanical, electrical and plumbing engineering design work. Tenant shall consult with Landlord from time to time as Tenant’s Plans are being prepared and Tenant’s Plans shall be subject to Landlord’s prior written approval prior to the Owner to perform all engineering services needed for the preparation commencement of plansconstruction. Landlord shall not unreasonably withhold, required specificationscondition, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment or delay Landlord’s approval of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Tenant Plans, and if, for any reason, Landlord does not approve Tenant’s Plans, it shall state specifically the charges therefore reasons therefor. Landlord need not approve, any items or aspects of Tenant’s Initial Construction (as defined in Section 3.3 of the Lease) which in Landlord’s reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of operating the Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or (v) otherwise do not exceed comply with the Ownerprovisions of this Lease (including, without limitation, Section 5.9). So long as the submittal of Tenant’s typical costs for such work. The Owner utilized consulting engineers Plans to prepare Landlord includes a written statement that the Plansfailure to provide comments thereto within five (5) Business Days after Landlord’s receipt thereof, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary then Landlord’s failure to prepare the provide comments to Tenant’s Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable or reject Tenant’s Plans prior to the fees typically charged by consulting engineers in the locale expiration of the Project for comparable work for the Ownersuch five (5) Business Day period shall be deemed Landlord’s approval thereof.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed Tenant is currently preparing, at its sole cost and expense, plans and specifications for the preparation improvements Tenant desires to make in connection with Tenant’s occupancy of plans, required specifications, and cost estimates, attached hereto as Exhibit A the Premises (collectively, the “Plans”). Landlord has approved the space plan attached hereto as Schedule E-1. The Plans shall be submitted to Landlord’s Construction Representative for Landlord’s approval within sixty (60) days after the date of this Lease, for the proposed Adjustment and Landlord shall approve or disapprove of the Owner UtilitiesPlans within ten (10) Business Days after receiving them. The Developer represents and warrants that Any disapproval by Landlord of the Plans conform shall be accompanied by a reasonably specific statement of reasons therefor. Tenant shall cause the Plans to be revised in a manner sufficient to remedy Landlord's objections and/or respond to Landlord's concerns and shall resubmit the most recent Utility Accommodation Rules issued by revised the Texas Department Plans to Landlord, and Landlord shall either approve or disapprove of Transportation the revised Plans within five (“TxDOT”), set forth in 43 Tex5) Business Days following the date of resubmission. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing If Landlord shall again disapprove of the Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the Owner hereby approves foregoing procedures until the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4)have been approved by Landlord. The Owner has provided plansPlans shall be stamped by a Maryland-registered architect and engineer, required specifications such architect and cost estimatesengineer being subject to Landlord's approval in Landlord’s reasonable discretion, attached hereto as Exhibit A and shall comply with all applicable laws, ordinances and regulations (collectivelyincluding, without limitation, the “Plans”), for the proposed Adjustment applicable requirements of the Owner Utilities. The Owner represents and warrants that the Plans conform Americans with Disabilities Act of 1990, as amended from time to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Planstime, and the charges therefore do regulations promulgated thereunder) and the requirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord will not exceed approve any alterations or additions that require unusual expense to readapt the OwnerPremises to normal office, bank branch or drive thru use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such readaptation will be made prior to such expiration or termination without expense to Landlord and for payment of any such increased cost. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with respect to Tenant’s typical costs Work is solely for such work. The Owner utilized consulting engineers to prepare the PlansLandlord’s benefit, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary without any representation or warranty whatsoever to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable Tenant with respect to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneradequacy, correctness or efficiency thereof or otherwise.

Preparation of Plans. [Check one box that applies:] The Developer Tenant has hired engineering firm(sdelivered to Landlord a conceptual space plan (the “Space Plan”, as more particularly shown in Exhibit A above) acceptable for the work to be performed by Landlord to prepare the Premises for Tenant’s occupancy (“Landlord Work”), which Space Plan includes (i) the addition of three (3) conference rooms and 3 — 4 additional private offices and (ii) an approximately 992 rsf network operations center room and an approximately 531 rsf server room adjacent to the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A network operations center room (collectively, the “Network Operations Center”). With respect to the Network Operations Center, the Landlord Work shall only include the construction of the actual rooms and the HVAC and electricity to the room as agreed upon in the Plans (defined below), and shall specifically not include any work in connection with the installation of cabling, servers or any other equipment to be used in connection with the Network Operations Center. Commencing on the date hereof and in consultation with the Tenant, construction plans and specifications for the Landlord Work consistent with the Space Plan (the “Draft Plans”)) shall be prepared by Landlord’s architect, Cxxxxxxx, at Tenant’s sole cost and expense. On or before three (3) days after receipt thereof, Tenant shall approve of Draft Plans in writing or provide Landlord with a written detailed reason for Tenant’s disapproval, including how the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Draft Plans do not conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 TexSpace Plan. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the The Draft Plans, the Owner hereby approves the Plans and confirms that the Plans are as approved by Tenant in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided planswriting, required specifications and cost estimates, attached hereto shall be referred to herein as Exhibit A (collectively, the “Plans”), for . In the proposed Adjustment of the Owner Utilities. The Owner represents and warrants event that the Plans conform to Tenant does not approve the UAR. By its execution of this AgreementDraft Plans, the Developer and Landlord shall cause the Owner hereby approve the Architect within five (5) business days after receipt of Tenant’s written detail to provide revised Draft Plans. The Owner also has provided Plans must be approved and the Landlord must be given the authorization to proceed with the Landlord Work no later than January 12, 2007. Any approval or preparation by Landlord, or Landlord’s architects and/or engineers of any of Tenant’s drawings, plans and specifications which are prepared in connection with any construction in or about the Premises (including without limitation any change orders thereto) shall not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the Developer a utility plan view map illustrating adequacy or sufficiency of such drawings, plans and specifications or the location construction to which they relate, for any use, purpose, or condition. Landlord shall be responsible, at Landlord’s sole cost, but as part of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the PlansLandlord Work, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only performing the work necessary to prepare demise the Plans for Adjustment Premises (the “Demising Work”), which Demising Work shall be performed with materials of the Owner Utilities described hereinstandard type, brand, and do not include fees quality used generally by Landlord for work done on any other project. The fees of leasehold construction throughout the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the OwnerBuilding.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable Tenant shall prepare at Tenant’s cost, subject to the Owner to perform all engineering services needed Improvement Allowance, as hereinafter defined, plans (‘Tenant’s Plans”) for the preparation construction and layout of plansthe Premises. Tenants leasing partial floors shall design entrances, required specificationsdoors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building standard materials and common area finishes for such floor. Tenant may contract directly for design work or through design-build contracts with Landlord approval not to be unreasonably withheld. Where required, Tenant shall employ the engineers utilized or otherwise approved by Landlord to construct the Building for all mechanical, electrical and cost estimatesplumbing engineering design work, attached hereto as Exhibit A (collectively, Landlord approval not to be unreasonably withheld. Tenant reserves the “Plans”), sole right to employ engineers approved by Landlord for the proposed Adjustment design of Ten ant’s data center. Tenant shall consult with Landlord from time to time as Tenant’s Plans are being prepared and Tenant’s Plans shall be subject to Landlord’s prior written approval prior to the commencement of construction. Landlord shall not unreasonably withhold, condition, or delay Landlord’s approval of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Tenant Plans, and if, for any reason, Landlord does not approve Tenant’s Plans, it shall state specifically the charges therefore reasons therefor. Landlord need not approve any items or aspects of Tenant’s Initial Construction which in Landlord’s reasonable judgment (i) would delay other work in the Building, (ii) would increase the cost of operating the Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or (v) otherwise do not exceed comply with the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plansprovisions of this Lease (including, and the fees for such work are not based upon a percentage of construction costs. Furtherwithout limitation, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the OwnerSection 5.10).

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to the Owner to perform all engineering services needed Tenant shall prepare at its sole cost and expense, plans and specifications for the preparation improvements Tenant desires to make in connection with Tenant’s occupancy of plans, required specifications, and cost estimates, attached hereto as Exhibit A the Premises (collectively, the “Plans”). The Plans shall be submitted to Landlord for Landlord’s approval (such approval not to be unreasonably withheld or delayed) no later than thirty (30) days from the date hereof, for the proposed Adjustment and Landlord shall approve or disapprove of the Owner UtilitiesPlans within ten (10) Business Days after receiving them. The Developer represents and warrants that Any disapproval by Landlord of the Plans conform shall be accompanied by a reasonably specific statement of reasons therefor. Tenant shall cause the Plans to be revised in a manner sufficient to remedy Landlord’s objections and/or respond to Landlord’s concerns and shall resubmit the most recent Utility Accommodation Rules issued by revised the Texas Department Plans to Landlord, and Landlord shall either approve or disapprove of Transportation the revised Plans within five (“TxDOT”), set forth in 43 Tex5) Business Days following the date of resubmission. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing If Landlord shall again disapprove of the Plans, Tenant shall again revise such plans and resubmit them to Landlord pursuant to the Owner hereby approves foregoing procedures until the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4)have been approved by Landlord. The Owner has provided plansPlans shall be stamped by a Massachusetts-registered architect and engineer, required specifications such architect and cost estimatesengineer being subject to Landlord’s approval in Landlord’s reasonable discretion, attached hereto as Exhibit A and shall comply with all applicable laws, ordinances and regulations (collectivelyincluding, without limitation, the “Plans”), for the proposed Adjustment applicable requirements of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution Americans with Disabilities Act of this Agreement, the Developer 1990 and the Owner hereby approve the Plans. The Owner also has provided Massachusetts Architectural Access Board, as amended from time to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Planstime, and the charges therefore do not exceed regulations promulgated thereunder) and the Ownerrequirements of the Rules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord reserves the right to require Tenant to use Landlord’s typical costs for such work. The Owner utilized consulting engineers engineer to prepare all engineering plans and drawings for the Plansstructural, mechanical, electrical, plumbing, HVAC, life safety, and sprinkler portions of Tenant’s Work. Landlord will not approve any alterations or additions that require unusual expense to readapt the fees Premises to normal office use on expiration or termination of this Lease or increase the cost of insurance on the Building, unless Tenant first gives assurances acceptable to Landlord that such re-adaptation will be made prior to such expiration or termination without expense to Landlord and for payment of any such work are not based upon a percentage increased cost. Tenant acknowledges and agrees that any review or approval by Landlord of construction costs. Further, such fees encompass only the work necessary any plans and/or specifications with respect to prepare the Plans Tenant’s Work is solely for Adjustment of the Owner Utilities described hereinLandlord’s benefit, and do not include fees for work done on without any other project. The fees of the consulting engineers are reasonable and are comparable representation or warranty whatsoever to Tenant with respect to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneradequacy, correctness or efficiency thereof or otherwise.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(sTenant shall submit to Landlord a detailed floor plan layout together with working drawings (the “Tenant’s Submission”) acceptable to prepared by Elkus Xxxxxxxx (or another architect licensed by the Owner to perform all engineering services needed Commonwealth of Massachusetts and reasonably approved by Landlord) for the preparation of plans, required specifications, work to be performed by Tenant to prepare the Premises for Tenant’s occupancy (“Tenant’s Work”). Such floor plan layout and cost estimates, attached hereto as Exhibit A working drawings (collectively, the “Plans”)) shall contain at least the information required by, for and shall conform to the proposed Adjustment of the Owner Utilitiesrequirements of, Exhibit B-5. The Developer represents and warrants Provided that the Plans contain at least the information required by, and conform to the most recent Utility Accommodation Rules issued requirements of, said Exhibit B-5, Landlord’s approval of the Plans shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to aesthetic issues relating to alterations or changes to Tenant’s Rooftop Terrace Area which are visible outside the Premises shall be in Landlord’s sole discretion. Landlord shall respond to all Plans within ten (10) business days after receipt thereof. If Landlord disapproves of any Plans, then Tenant shall promptly have the Plans revised by its architect to incorporate all objections and conditions presented by Landlord and shall resubmit such Plans to Landlord. Such process shall be followed until the Plans shall have been approved by the Texas Department Landlord without objection or condition. Landlord shall respond to the resubmission of Transportation any Plans by Tenant within five (5) days of Landlord’s receipt thereof (or ten (10) days in the case of a major redesign). If Landlord shall fail to respond to any submission of the Plans within the applicable time periods set forth herein, then Tenant may, at any time thereafter, give Landlord another request (“TxDOTSecond Request”)) therefor, set forth which shall clearly identify the plans in 43 Texquestion and state in bold face, capital letters at the top thereof: “WARNING: SECOND REQUEST. Admin. Code Part 1, Chapter 21, Subchapter C et seqFAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) DAYS SHALL RESULT IN DEEMED APPROVAL THEREOF., ” If Landlord does not respond within five (the “UAR”). By its execution of this Agreement or by the signing 5) days after receipt of the PlansSecond Request, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the DeveloperTenant’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Ownersubmission shall be deemed approved.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable to Landlord and Tenant have approved the Owner to perform all engineering services needed for the preparation of plans, required specifications, and cost estimates, schematic plans attached hereto as Exhibit A B (the “Schematic Plans”) for the interior finish and layout of the initial improvements which Tenant desires to have performed in the New Premises, including the demolition of interior partitions, remove ceilings, lighting and ductwork and voice/data cabling in the New Premises (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UARInitial Work”). By Tenant shall prepare, at its execution of this Agreement or by sole cost and expense (subject to the signing of Landlord’s Contribution), final plans and specifications for the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance Initial Work consistent with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A Schematic Plans (collectively, the “Plans”). The Plans shall be prepared by Xxxxxxxx Gisniss & Associates, Inc. (the “Architect”). The Plans shall be submitted to Landlord for the proposed Adjustment its approval, which shall not be unreasonably withheld, conditioned or delayed, and Landlord shall approve or disapprove of the Owner UtilitiesPlans within ten (10) days of receiving them. At Tenant’s sole cost and expense (subject to the Landlord’s Contribution), Tenant shall cause the Plans to be revised in a manner sufficient to remedy the Landlord’s reasonable objections and/or respond to the Landlord’s concerns and for such revised Plans to be redelivered to Landlord, and Landlord shall approve or disapprove Tenant’s revised Plans within five (5) business days following the date of resubmission. The Owner represents Plans shall be stamped by the Architect and warrants that the Plans conform engineer, such engineer being subject to the UAR. By its execution of this AgreementLandlord’s prior reasonable approval, the Developer and shall comply with Applicable Law and the Owner hereby approve requirements of the PlansRules and Regulations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for such Initial Work. The Owner also has provided Architect shall agree to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, reasonably cooperate with Landlord and the charges therefore do general contractor to administer the construction contract and issue certifications and certificates of payment thereunder. Landlord shall not exceed charge any administrative or management fees in connection with the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the OwnerInitial Work.

Preparation of Plans. [Check one box Tenant understands that applies:] The Developer Landlord has hired engaged STG Partners architects and HCE engineers to provide all necessary architectural and engineering firm(sservices. Costs for these services shall be deducted from the Tenant Improvement Allowance. If Tenant engages another architecture or engineering firm then Tenant shall pay an additional fee for STC and MCE review. Landlord's architect and engineer, at Tenant's expense, will prepare construction plans (such construction plans, when approved, and all changes and amendments thereto agreed to by Landlord and Tenant in writing, are herein called the "Construction Plans") acceptable for all of Tenant's improvements to be constructed in the Owner Premises (all improvements required by the Construction Plans are herein called "Tenant's Improvements"). Tenant shall promptly furnish to perform all engineering services needed for the Landlord, Landlord's architect and engineer and any other party involved in preparation of plans, required specifications, and cost estimates, attached hereto as Exhibit A the Construction Plans all information necessary such that (collectivelyfollowing construction of Tenant's Improvements in accordance with the Construction Plans) Tenant, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Developer represents Premises and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are Tenant's Improvements will be in compliance with the “standards” described provisions of the Disability Acts. TENANT SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) INCURRED BY OR ASSERTED AGAINST LANDLORD BY REASON OF OR IN CONNECTION WITH ANY VIOLATION OF THE DISABILITY ACTS ARISING FROM OR OUT OF (i) information or design and space plans furnished to Landlord by Tenant (or the lack of complete and accurate information so furnished) concerning Tenant's Improvements, (ii) Tenant's employer-employee obligations, or (iii) after the Commencement Date, violations by Tenant and/or Tenant's Improvements or the Premises not being in Paragraph 3(a)(4)compliance with the Disability Acts as the result of changes in regulations or law or interpretations thereof not in effect on the Commencement Date. The Owner has provided plansforegoing indemnity shall not include any claims, liabilities or expenses (including reasonable attorneys' fees and expenses) arising out of the negligence, gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors. Without limiting the foregoing, if Landlord constructs Tenant's Improvements based on any special requirements or improvements required specifications by Tenant, or upon information furnished by Tenant that later proves to be inaccurate or incomplete resulting in any violation of the Disability Acts, Tenant shall be solely liable to correct such violations and to bring the improvements into compliance with the Disability Acts as promptly as is practicable. Landlord and Tenant agree that the cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), of construction drawings for the proposed Adjustment of additional parking deck are at Landlord's sole expense and will not be charged against the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the OwnerFinish Allowance.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable Tenant shall prepare, at its sole cost and expense (subject to the Owner to perform all engineering services needed for the preparation of plansreimbursement from Landlord’s Contribution), required specifications, and cost estimates, attached hereto as Exhibit A plans including MEP plans (collectively, the “Plans”), ) for the proposed Adjustment interior finish and layout of the Owner Utilities. The Developer represents and warrants that the Plans conform to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., initial improvements (the “UARInitial Tenant Improvements”). By ) which Tenant desires to have performed in the Premises, Tenant shall use commercially reasonable efforts to submit the Plans to Landlord for its execution of this Agreement approval on or by the signing before December 14, 2012 and Landlord shall approve or disapprove of the Plans, the Owner hereby approves in its reasonable discretion, within twenty (20) days of receiving them. If Tenant shall not have submitted such Plans for approval on or before December 14, 2012, further delay in delivering such Plans after such date shall constitute Tenant Delay. At Tenant’s sole cost and expense, Tenant shall cause the Plans to be revised in a manner sufficient to remedy the Landlord’s objections and/or respond to the Landlord’s concerns and confirms for such revised Plans to be redelivered to Landlord, and Landlord shall approve or disapprove Tenant’s revised Plans within ten (10) days following the date of resubmission Landlord’s failure to timely respond to Tenant’s submitted Plans or revised Plans shall be deemed to be approval thereof provided that upon submitting such Plans, Tenant provides written notice to Landlord stating “IF LANDLORD FAILS TO RESPOND TO THE ENCLOSED PLANS WITHIN 10 DAYS, LANDLORD’S APPROVAL SHALL BE DEEMED GIVEN PURSUANT TO SECTION 4.2(a) OF THE LEASE” in upper case boldface type in the top margin of such notice. Tenant may request reasonable changes to the final Plans are provided, however, that no such changes shall require or cause a structural change in compliance with the “standards” described Building, render the Premises or the Building in Paragraph 3(a)(4violation of applicable laws, or materially change the size or configuration of the Premises. Tenant shall pay any additional costs required to implement any such changes, including without limitation, architectural fees and construction cost increases (including costs of delay) subject to reimbursement from Landlord’s Contribution; Tenant shall pay Landlord for such costs as additional rent within fifteen (15) days after written notice from Landlord of the amount due. Upon a request for changes to the Plans, Landlord shall inform Tenant as soon as reasonably practical of the incremental additional costs to implement such change and the estimated impact on the construction schedule. Tenant shall have 3 business days following receipt of such information in which to accept or rescind such requested change. Any approved changes by Tenant in the final plans shall constitute an agreement by Tenant to any delay in completion of the Initial Tenant Improvements caused by reviewing, processing, and implementing such changes; any such delay shall be deemed a delay caused by Tenant for purposes of calculating the Commencement Date under Section 2.2(b). The Owner has provided plansPlans shall be stamped by a Massachusetts registered architect and engineer, required specifications such architect and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform engineer being subject to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the DeveloperLandlord’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plansprior reasonable approval, and the charges therefore do not exceed the Owner’s typical costs shall comply with applicable legal requirements and tire reasonable rules and regulations which Landlord may impose from time to time and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the OwnerInitial Work.

Preparation of Plans. [Check one box that applies:] The Developer has hired engineering firm(s) acceptable Tenant shall prepare at Tenant's cost, subject to the Owner to perform all engineering services needed Design Allowance, plans ("Tenant's Plans") for the preparation construction and layout of plansthe Premises, required specificationswhich Tenant Plans shall be in accordance with the plan requirements set forth below and shall be submitted to Landlord for its approval on or before the Tenant's Plan Delivery Date (as defined in Section 1.1 of this Lease). Within thirty (30) days after submission of a written request together with appropriate back-up documentation, and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), Landlord shall reimburse Tenant for the proposed Adjustment cost of the Owner Utilities. The Developer represents and warrants that the Plans conform preparing Tenant's Plans, up to a maximum amount equal to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), Design Allowance set forth in 43 TexSection 1.1. AdminAny unused portion of the Design Allowance shall be credited to, at Tenant's written request, either Tenant's payment of Rent next due or to the Improvement Allowance. Code Part 1Tenants leasing partial floors shall design entrances, Chapter 21doors and any other elements which visually integrate with the elevator lobbies and common areas in a manner and with materials and finishes which are compatible with the Building standard materials and standard finishes for such floor. Landlord reserves the right to reject plans which in its opinion fail to comply with this provision. All mechanical, Subchapter C et seq.electrical and plumbing engineering design work shall be performed by an engineer reasonably approved by Landlord. Time is of the essence with respect to Tenant's preparation and submission of Tenant's Plans. Landlord shall have the absolute right to approve Tenant's Plans in Landlord's reasonable discretion, and if, for any reason, Landlord does not approve Tenant's Plans, it shall state specifically the reasons therefor. Landlord may delete from Tenant's Plans and any Change Order, as hereinafter defined, and need not approve, any items or aspects of Tenant's Plans which in Landlord's reasonable judgment (i) would delay other work in the Building, (ii) would increase the “UAR”). By its execution cost of operating the Building or performing any other work in the Building, (iii) are incompatible with the design, quality, equipment or systems of the Building, (iv) would require unusual expense to readapt the Premises to general purpose office use or (v) otherwise do not comply with the provisions of this Agreement or by the signing of the PlansLease (including, the Owner hereby approves the Plans and confirms that the Plans are in compliance with the “standards” described in Paragraph 3(a)(4without limitation, Section 5.9). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The Owner also has provided to the Developer a utility plan view map illustrating the location of existing and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of the Plans, the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner.

Preparation of Plans. [Check one box The scope of the Shared Infrastructure Improvements design shall consist of all items set forth in Exhibit F and shall be further defined in those final plans and specifications submitted to and approved by the City in the normal course of public infrastructure review and approval. The scope of the Storm Water Facilities design shall consist of all items set forth in Exhibit I and shall be further defined in those final plans and specifications submitted to and approved by the City in the normal course of public infrastructure review and approval. The Parties agree that applies:] the Constructing Owner shall be responsible for the design and construction of the entirety of the Phase of the Shared Infrastructure Improvements and/or Storm Water Facilities said Constructing Owner seeks to install. The Developer has hired engineering firm(sConstructing Owner shall be responsible for hiring the necessary consultants (civil engineer, landscape architect, etc.) acceptable and managing the design and approval process with the City. The non-constructing Owners shall have the right to review and approve all plans and documents prior to the Constructing Owner submitting plans to perform all engineering services needed the City, said approval (including consideration of coordination with future phasing) not to be unreasonably withheld, conditioned or delayed. Any non-constructing Owner which disapproves the plans shall indicate in writing the reason(s) for the preparation disapproval. After actual receipt of plansplans and documents, required with written notification of the expiration of the applicable review period, any non-constructing Owner that does not approve or disapprove proposed plans and documents by giving written notice thereof to the Constructing Owner within fifteen (15) business days of such receipt shall be deemed to have approved such plans and documents, but only insofar as the submitted plans and specifications comply with the terms and conditions of this Agreement. Such plans and specifications, as approved (or deemed approved) by the non-constructing Owners and cost estimatesthe City, attached hereto are referred to herein as Exhibit A (collectively, the “Plans”), for .” The Constructing Owner shall cause the proposed Adjustment of the Owner Utilities. The Developer represents and warrants that the Plans conform Shared Infrastructure Improvements and/or Storm Water Facilities in question to the most recent Utility Accommodation Rules issued by the Texas Department of Transportation (“TxDOT”), set forth be constructed in 43 Tex. Admin. Code Part 1, Chapter 21, Subchapter C et seq., (the “UAR”). By its execution of this Agreement or by the signing of the Plans, the Owner hereby approves the Plans and confirms that the Plans are in compliance substantial conformance with the “standards” described in Paragraph 3(a)(4). The Owner has provided plans, required specifications and cost estimates, attached hereto as Exhibit A (collectively, the “Plans”), for the proposed Adjustment of the Owner Utilities. The Owner represents and warrants that the Plans conform to the UAR. By its execution of this Agreement, the Developer and the Owner hereby approve the Plans. The non-constructing Owners shall cooperate fully with the Constructing Owner also has provided to provide any information that may be reasonably required in order to complete the Developer a utility plan view map illustrating the location of existing Shared Infrastructure Improvements and proposed utility facilities on the Developer’s right of way map of the Project. With regard to its preparation of Storm Water Facilities in question in substantial conformance with the Plans, including, but not limited to, executing any applications, letters, dedications, offers of dedication, or other documentation required by the Owner represents as follows [check one box that applies]: The Owner’s employees were utilized to prepare the Plans, and the charges therefore do not exceed the Owner’s typical costs for such work. The Owner utilized consulting engineers to prepare the Plans, and the fees for such work are not based upon a percentage of construction costs. Further, such fees encompass only the work necessary to prepare the Plans for Adjustment of the Owner Utilities described herein, and do not include fees for work done on any City and/or other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owneragency or utility.