Common use of Tenant Improvements Clause in Contracts

Tenant Improvements. 5.1. Landlord shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant is already obligated to pay a project review fee in accordance with Section 5.1(b) below). The Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant Improvements, including the Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Tenant Improvements, (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the Allowance be used for (v) the cost of work that is not approved in writing by Landlord, (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) above, (y) costs resulting from any default by Tenant of its obligations under the Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Landlord Tenant shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain cause appropriate improvements within the Premises consistent with the Permitted Use (the “"Tenant Improvements”). Any Tenant Improvements shall ") to be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply Premises pursuant to the Tenant Improvements since Tenant is already obligated Work Letter attached hereto as Exhibit G (the "Work Letter") at a cost to pay a project review fee in accordance with Section 5.1(bLandlord not to exceed Four Million Dollars ($4,000,000.00) below(the "TI Allowance"). The TI Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three percent be limited to reimbursement for Landlord’s third party costs up to a maximum amount of Forty Thousand Dollars (3%) of the cost of the Tenant Improvements, including the Allowance$40,000.00)), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s 's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities (as defined below) for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, including, without limitation, payments for such purposes to Tenant or any affiliates of Tenant, provided such amounts are consistent with competitive market rates charged for the services and (g) furniturematerials rendered by unrelated persons or entities of similar skill, personal property or other noncompetence and experience in an arms-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g))length transaction. In no event shall the TI Allowance be used for (vm) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (w) payments to Tenant or any affiliates of Tenant, (xn) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (yo) costs resulting from any default by Tenant of its obligations under the this Lease or (zp) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Landlord Tenant shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain cause appropriate improvements within the Premises consistent with the Permitted Use (the “"Tenant Improvements”). Any Tenant Improvements shall ") to be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply Premises pursuant to the Tenant Improvements since Tenant is already obligated Work Letter attached hereto as Exhibit E (the "Work Letter") at a cost to pay a project review fee in accordance with Section 5.1(bLandlord not to exceed Twenty Two Million Two Hundred Fifty Thousand Dollars ($22,250,000.00) below(the "TI Allowance"). The TI Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three [***] percent (3[***]%) of the cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s 's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (vm) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (wn) payments to Tenant or any affiliates of Tenant, (xo) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (yp) costs resulting from any default by Tenant of its obligations under the Lease or this Lease, (zq) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors), (r) costs that were provided by Tenant and its representatives to Landlord as support for the acquisition and development costs included as the basis for the Purchase Price (as defined in the Purchase Agreement), or (s) costs incurred by or on behalf of Tenant prior to the Commencement Date, including costs relating to the construction of the Tenant Improvements.

Tenant Improvements. 5.1. Landlord Tenant shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain cause appropriate improvements within the Premises consistent with the Permitted Use (the “"Tenant Improvements”). Any Tenant Improvements shall ") to be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply Premises pursuant to the Tenant Improvements since Tenant is already obligated Work Letter attached hereto as Exhibit E (the "Work Letter") at a cost to pay a project review fee in accordance with Section 5.1(bLandlord not to exceed Fifteen Million Dollars ($15,000,000.00) below(the "TI Allowance"). The TI Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three [***] percent (3[***]%) of the cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s 's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (vm) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (wn) payments to Tenant or any affiliates of Tenant, (xo) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (yp) costs resulting from any default by Tenant of its obligations under the this Lease or (zq) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Landlord Tenant shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (cause the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use work (the “Tenant Improvements”) described in the work letter attached hereto as Exhibit B (the “Work Letter”) to be constructed in the Premises at a cost to Landlord not to exceed Six Hundred Thousand Dollars ($600,000) (the “TI Allowance”). Any Tenant Improvements shall be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of with the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant is already obligated to pay a project review fee in accordance with Section 5.1(b) below)Work Letter. The TI Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three one and one-half percent (31.5%) of the cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (v) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (y) costs resulting from any default by Tenant of its obligations under the Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Landlord shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (“TI’s”): Lessor will complete the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall be designed and constructed by Tenant (TI’s as described on Exhibit B, at TenantLessor’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all within thirty (30) days of the terms, conditions and provisions date of the Lease (includingthe “Lessor’s TI’s”). In addition, without limitation, Lessor will fund up to Four Dollars per square foot (the prior written approval provisions “Lessor’s TI Contribution”) of rentable space ($252,420) for TI’s to be completed by Lessee as described on Exhibit B.1 (the “Lessee’s TI’s”) All TI’s completed by Lessee shall be in a good workmanlike manner that matches at least the current quality and all other terms, conditions and provisions type of Article 17 finishes installed in the Premises as of the date of the Lease; provided that. Upon “Substantial Completion” of the TI’s completed by Lessee, which is defined as the first two time in which the City of Santa Xxxxx has signed off the building permit and completed the final inspection, Lessee will deliver the following documents to Lessor: “as built” drawings (2hard copy and CAD), final signed off building permit, certificate of occupancy (collectively the “TI Documents”), and complete a walk through of the Premises with Lessor’s representatives. Lessor will fund the Lessor’s TI Contribution requested by Lessee, if any, within ten (10) sentences days of Section 17.8 receipt of the TI Documents. Subject to Lessor’s advance review and approval of Lessee’s TI’s, which shall not be unreasonably withheld and said plan review will be completed by Lessor within three (3) business days of receipt of the proposed plans from Lessee, and Lessee completing the Lessee’s TI’s in accordance with the terms of this Lease, Lessee’s TI’s will not need to be removed and the Premises will not need to be restored to the condition that existed prior to the Lessee’s TI’s at Lease termination. Lessor grants Lessee the right to use the furniture, racks, cubicles, cafeteria equipment, voice and data cabling, telephone/voice mail system, telephone handsets and UPS in the Premises as of the date of this Lease (the “FF&E”) during the Term of the Lease shall not apply at no additional cost. Lessor and Lessee will jointly complete a physical inventory at a mutually agreeable time during normal business hours on or before the Commencement Date, of the FF&E as of the date of the Lease which will be incorporated in Exhibit C to this Lease. Lessee acknowledges that it accepts the existing FF&E in its “as is where is” condition, and to the Tenant Improvements since Tenant extent required for Lessee’s continued use of the FF&E during the Lease Term or any extension thereof, Lessee is already obligated solely responsible for all maintenance and repair of the FF&E. If Lessee determines prior to pay or during the Lease Term that it will not use certain FF&E (the “Discarded FF&E”), Lessee will notify Lessor in writing describing the Discarded FF&E. Lessor will have five (5) days to determine if Lessor wants to remove the Discarded FF&E. Lessor’s failure to respond within the five (5) days following the written notice from Lessee will automatically allow Lessee to remove and dispose of the Discarded FF&E at Lessee’s sole cost and expense. If Lessor decides to accept the Discarded FF&E, Lessor will have up to twenty (20) days to remove the Discarded FF&E at Lessor’s sole cost and expense at a project review fee in accordance with Section 5.1(b) below)time mutually agreed to by the parties. If Lessor fails to remove the Discarded FF&E within the 20 day period, then Lessee may remove and dispose of the Discarded FF&E at Lessee’s sole cost and expense. The Allowance Lessor’s TI Contribution may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant Improvements, including the Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Tenant Improvements, (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the Allowance be used for (v) any out of pocket direct expenses related to the cost of work that is not approved Lessee’s TI’s in writing by Landlordthe Premises, (w) payments to Tenant or any affiliates of Tenantincluding: signage, (x) the purchase of any furnituremoving costs, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) above, (y) costs resulting from any default by Tenant of its obligations under the Lease or (z) costs that are recoverable by Tenant from a third party (e.g.project management, insurers, warrantors, or tortfeasors)wiring and cabling and alterations as described on Exhibit B.1.

Tenant Improvements. 5.1. Landlord 5.1 Tenant shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain cause appropriate improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall ) to be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply Premises pursuant to the Tenant Improvements since Tenant is already obligated Work Letter attached hereto as Exhibit E (the “Work Letter”) at a cost to pay a project review fee in accordance with Section 5.1(bLandlord not to exceed One Million Dollars ($1,000,000.00) below(the “TI Allowance”). The TI Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three one and one-half percent (31.5%) of the cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (vm) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (wn) payments to Tenant or any affiliates of Tenant, (xo) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (yp) costs resulting from any default by Tenant of its obligations under the this Lease or (zq) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Tenant shall cause the Tenant Improvements to be constructed in the Premises pursuant to the Work Letter attached hereto as Exhibit 3 (the “Work Letter”) at a cost to Landlord shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Four Million Four Hundred Twenty Six Thousand Five Hundred and 00/100 Dollars ($72,1204,426,500.00) (based upon One Hundred Thirteen and 50/100 Dollars ($113.50) per square foot of rentable area (the “TI Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant is already obligated to pay a project review fee in accordance with Section 5.1(b) below). The TI Allowance may be applied by Tenant to the costs of (am) construction, (bn) project review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant Improvements, including the Allowance)intentionally omitted, (co) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by TenantXxxxxx, and review excluding any commissioning of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlordbase Building HVAC equipment, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (ep) building permits and other taxes, fees, charges and levies by Governmental Authorities (as defined below) for permits or for inspections of the Tenant Improvements, and (fq) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (v) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (y) costs resulting arising from any default by Tenant of its obligations under the this Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). In addition, Landlord shall provide an allowance to Tenant to be used solely for architectural and engineering costs related to the preparation of an initial test fit plan for the Tenant Improvements in an amount not to exceed Three Thousand Nine Hundred and 00/100 Dollars ($3,900.00) (based upon Ten Cents ($0.10) per square foot of rentable area) (the “Test Fit Plan Allowance”). Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that any costs incurred by Landlord with respect to project review by Landlord (including without limitation, Xxxxxxxx’s actual out of pocket costs incurred by Landlord in reviewing and managing the Tenant Improvements) shall be at Landlord’s sole cost and expense and no portion of the TI Allowance shall be used therefor. For purposes of clarity, nothing in this Section 3.2 shall limit the costs and expenses incurred by Landlord for which Landlord is entitled to reimbursement by Tenant for Alterations that are not the Tenant Improvements in accordance with Article 11 of this Lease. Tenant shall have until the date that is twelve (12) months after the Rent Commencement Date (the “TI Deadline”), to submit Fund Requests (as defined in the Work Letter) to Landlord for disbursement of the unused portion of the TI Allowance and Test Fit Plan Allowance, after which date Landlord’s obligation to fund any such costs for which Tenant has not submitted a Fund Request to Landlord shall expire. In no event shall any unused TI Allowance entitle Tenant to a credit against Rent payable under this Lease. Upon completion of the Tenant Improvements, and prior to any occupancy of the Premises by Xxxxxx, Tenant shall deliver to Landlord (a) a certificate of occupancy (or its substantial equivalent) for the Premises suitable for the Permitted Use and (b) a Certificate of Substantial Completion in the form of the American Institute of Architects document G704, executed by the project architect and the general contractor.

Tenant Improvements. 5.1. Landlord shall make available to Tenant, if properly requested by Tenant pursuant to Section 5.3 hereof, an allowance not up to exceed SeventyTwo Hundred Sixty-Two Five Thousand One Hundred Twenty Dollars ($72,120265,000) (the “First Amendment Allowance”) in order for improvements to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant First Amendment Improvements”). Any Tenant Improvements shall be designed responsible for performing and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that completing any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant is already obligated to pay a project review fee in accordance with Section 5.1(b) below)First Amendment Improvements. The First Amendment Allowance may be applied by Tenant to the costs of (a) construction, (b) project Landlord’s reasonable third party review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant First Amendment Improvements, including the Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by TenantTenant (provided that, if the First Amendment Improvements include any work to HVAC, mechanical, electrical or plumbing related equipment or building controls, then Tenant shall commission such equipment and perform any necessary integration of such equipment into the building management system), and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Tenant First Amendment Improvements, (f) costs and expenses for labor, materialmaterials, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the Allowance be used for (v) the cost of work that is not approved in writing by Landlord, (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment to be used in excess connection with Tenant’s use of the limitation set forth Premises for the Permitted Use. In no event shall the First Amendment Allowance be used for (w) the cost of work that is not approved in subsection writing by Landlord, (gx) abovepayments to Tenant or any affiliates of Tenant, (y) costs resulting from any default by Tenant of its obligations under the Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Landlord (a) Tenant shall make available be permitted to Tenant an allowance not perform appropriate improvements to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall be designed , consistent with the Permitted Uses and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all with the terms of the terms, conditions this Section 6 and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease Exhibit 1 attached hereto. Tenant shall not apply to cause the Tenant Improvements since Tenant is already obligated to pay be constructed in the Premises pursuant to the Work Letter attached hereto as Exhibit 1 (the “Work Letter”) at a project review fee in accordance with Section 5.1(bcost to Landlord not to exceed Four Hundred Twenty Thousand Two Hundred Eighty-Five and 00/100 Dollars ($420,285.00) below(based upon Fifteen and 00/100 Dollars ($15.00) per square foot of rentable area (the “TI Allowance”). The TI Allowance may be applied by Tenant to the costs of (ai) construction, (bii) project review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (diii) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (eiv) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (fv) costs and expenses for labor, material, equipment and fixtures, and (gvi) subject to the Soft Cost Limit described below, soft costs for data/telecom cabling, signage, furniture, personal property or other non-building system fixtures and equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)collectively, “Soft Costs”). In no event shall the TI Allowance be used for (vA) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (wB) payments to Tenant or any affiliates of Tenant, (xC) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) except as otherwise provided above), (yD) costs resulting from any default by Tenant of its obligations under the Amended Lease or (zE) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). Notwithstanding anything set forth herein to the contrary, no more than ten percent (10%) of the TI Allowance (the “Soft Cost Limit”) shall be applied to the Soft Costs identified above.

Tenant Improvements. 5.1. Landlord shall make available cause the Contractor to Tenant an allowance not commence and thereafter diligently prosecute the construction of the tenant improvements in the Expansion Building pursuant to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use Work Letter (the “Tenant Improvements”). Any The Tenant Improvements shall be designed performed in a workmanlike manner and constructed by Tenant in compliance with all Applicable Laws and substantially in compliance with the Approved TI Plans (at Tenant’s sole cost as defined in the Work Letter), subject to minor deviations that do not alter the type, scope and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all quality of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant depicted on the Approved TI Plans. The portion of the TI Costs for which Landlord is already obligated responsible (the “TI Allowance”) shall not exceed (subject to pay a project review fee in accordance with Section 5.1(bthe terms hereof) the TI Allowance Amount (as defined below). The Allowance may be applied by “TI Costs” means all Tenant to Delay Costs (as defined below) and costs of the Tenant Improvements (the “TI Costs”), including the costs of (ai) construction, (bii) project review construction management by Landlord (which fee costs shall be stipulated to equal three one and one-half percent (31.5%) of the cost of the Tenant Improvements, including the AllowanceExcess Cost (as defined below)) (the “Construction Management Fee”), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (diii) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenantservices, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Tenant Improvements, (fiv) costs and expenses for labor, material, equipment and fixtures, and (gv) furniturebuilding permits and other taxes, personal property fees, charges and levies by governmental and quasi-governmental agencies for permits or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) for inspections of the Allowance be applied to Tenant Improvements. Notwithstanding the costs described foregoing, in this subsection (g)). In no event shall the TI Allowance be used for (v) the cost of work that is not approved in writing by Landlord, for: (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment equipment, (x) the cost of work that is not authorized by the Approved TI Plans (subject to any TI Change) or otherwise approved in excess of the limitation set forth in subsection (g) abovewriting by Landlord, (y) costs resulting from any default by Tenant of its obligations under the Lease this Lease, or (z) costs that are recoverable or reasonably recoverable by Tenant from a third party (e.g., insurers, warrantors, warrantors or tortfeasors). The “TI Allowance Amount” shall be Forty-Seven and 15/100 Dollars ($47.15) per rentable square foot of the Expansion Building, plus the amount of any Additional Allowance that Tenant elects to use to pay the cost of the Tenant Improvements.

Tenant Improvements. 5.1. Landlord Tenant shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain cause appropriate improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall ) to be designed and constructed by Tenant (at Tenant’s sole cost and expense); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all of the terms, conditions and provisions of the Lease (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply Premises pursuant to the Tenant Improvements since Tenant is already obligated Work Letter attached hereto as Exhibit E (the “Work Letter”) at a cost to pay a project review fee in accordance with Section 5.1(bLandlord not to exceed Nine Hundred Eighty-Eight Thousand Dollars ($988,000.00) below(the “TI Allowance”). The TI Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three one and one-half percent (31.5%) of the cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (vm) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (wn) payments to Tenant or any affiliates of Tenant, (xo) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (yp) costs resulting from any default by Tenant of its obligations under the this Lease or (zq) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).

Tenant Improvements. 5.1. Landlord shall make available to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (hereby agrees that the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall be designed completed by a general contractor (“General Contractor”) approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant hereby agrees to indemnify and constructed hold Landlord harmless from and against any loss, cost, damage, liability or expense (including without limitation reasonable attorneys' fees and court costs) incurred by Landlord with respect to all of Tenant's obligations set forth in this Section 3. Tenant (at Tenant’s sole cost and expense); provided, however, hereby guarantees to Landlord that any such the Tenant Improvements shall be considered Alterations completed in a lien-free manner and shall be subject toin strict accordance with the Working Drawings and all applicable laws, permits and shall be designed governmental approvals and installed in accordance withwith all required inspections during the course of construction, all of (it being acknowledged by Landlord and Tenant that the terms, conditions and provisions of the Lease (including, without limitation, regarding the prior written approval provisions and all other terms, conditions and provisions of Article 17 of filing mechanics' liens against the Lease; provided that, Building by or through Tenant shall control with respect to mechanics' liens filed against the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant is already obligated to pay Project or Premises as a project review fee in accordance with Section 5.1(b) below). The Allowance may be applied by Tenant to the costs of (a) construction, (b) project review by Landlord (which fee shall equal three percent (3%) of the cost result of the Tenant Improvements). Landlord shall be entitled to a fee, including the Allowance), (c) commissioning of mechanical, electrical not to exceed Five Thousand and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Tenant Improvements, (f) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty No/100 Dollars ($24,040) 5,000.00), to reimburse Landlord for its reasonable, third party out-of-pocket costs incurred in connection with Landlord’s review of the Allowance Working Drawings. Such fee shall be applied paid to the costs described in this subsection Landlord by Tenant within thirty (g)). In no event shall 30) days following Tenant’s receipt of each of Landlord’s invoices therefor, or, at Tenant’s election, deducted from the Allowance be used for (v) the cost of work that is not approved in writing by Landlord, (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) above, (y) costs resulting from any default by Tenant of its obligations under the Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasorsas defined below).

Tenant Improvements. 5.1. Landlord a. Lessee shall make available cause to Tenant an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (be constructed tenant improvements in the “Allowance”) in order to construct certain Additional Premises and perform capital improvements within at the Premises consistent with the Permitted Use Project (the “Tenant Improvements”) at a cost to Lessor not to exceed (a) Four Hundred Twenty-One Thousand Dollars ($421,000) (the “Base TI Allowance”) plus (b) if properly requested by Lessee pursuant to this Section 20(a). Any Tenant Improvements shall be designed and constructed by Tenant , Two Hundred Fifty Thousand Dollars (at Tenant’s sole cost and expense$250,000) (the “Additional TI Allowance”); provided, however, that any such Tenant Improvements shall be considered Alterations and shall be subject to, and shall be designed and installed in accordance with, all for a total of the terms, conditions and provisions of the Lease Six Hundred Seventy-One Thousand Dollars (including, without limitation, the prior written approval provisions and all other terms, conditions and provisions of Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall not apply to the Tenant Improvements since Tenant is already obligated to pay a project review fee in accordance with Section 5.1(b) below$671,000). The Base TI Allowance, together with Additional TI Allowance (if properly requested by Lessee pursuant to this Section 20(a)), shall be referred to herein as the “TI Allowance.” The TI Allowance may be applied by Tenant to the costs of (ao) construction, (b) project review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant Improvements, including the Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (dp) space planning, architect, engineering and other related services performed by third parties unaffiliated with TenantLessee, (eq) building permits and other taxes, fees, charges and levies by Governmental Authorities governmental authorities for permits or for inspections of the Tenant Improvements, and (fr) costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Allowance be applied to the costs described in this subsection (g)). In no event shall the TI Allowance be used for (v) the cost of work that is not authorized by plans approved in advance in writing by LandlordLessor (the “Approved Plans”), which approval shall not be unreasonably withheld by Lessor and shall be given or withheld within ten (10) business days after Lessor’s receipt of the plans from Tenant, (w) payments to Tenant Lessee or any affiliates of TenantLessee, (x) the purchase of any furniture, personal property or other non-building system equipment in excess of the limitation set forth in subsection (g) aboveequipment, (y) costs resulting from any default Default by Tenant Lessee of its obligations under the Amended Lease or (z) costs that are recoverable by Tenant Lessee from a third party (e.g., insurers, warrantors, or tortfeasors).