Common use of ALTERATIONS AND REPAIRS BY TENANT Clause in Contracts

ALTERATIONS AND REPAIRS BY TENANT. Tenant shall not replace, alter or repair the Premises or any part thereof or any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. Tenant shall not replace, alter or repair the Premises or any part thereof or any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises during the Term, including those which may modify any of the Building’s HVAC, mechanical, life safety and electrical systems, or any part thereof or any installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant’s usage of electricity beyond Building Standard Electrical (collectively “Alterations”) without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirementswritten consent of Landlord, which shall not be applicable to all Capital Improvements: (a) Tenant shall, before the commencement unreasonably withheld or delayed. Landlords consent or approval of the workplans, obtain Landlord’s prior consent to the proposed Capital Improvement specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall at least ten (10not impose any liability on Landlord) days prior as to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlordtheir completeness, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost shall pay all reasonable engineering and design costs actually incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord’s insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner. All Alterations, repair and in substantial compliance with the plans and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant’s expense by Landlord’s employees or, with Landlord’s prior consent and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord’s employees, Tenant shall pay Landlord a supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement of any alterations evidence of such insurance as is required by Section 18.1(i) herein. All liability policies shall name Landlord, Landlord’s property manager, and all interim Landlord’s Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without 30 days’ prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architecttenants of the Building, engineer or contractorimpose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including, partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (c) The Capital Improvements shall be made promptlybut not including movable, in office furniture and free standing partitions not attached to the Building), are deemed a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value part of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs real estate and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement the property of Landlord and including, but not limited to, any repairs, restoration remain upon and other work required to be done pursuant to surrendered with the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless: (a) Landlord notifies Tenant at the time of installation of any Alterations; or (b) no later than fifteen (15) days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of such Alterations, and in such event, Tenant shall at Tenant’s execution expense promptly retrieve the Alterations specified and delivery of any instrument transferring title thereto. Notwithstanding restore the foregoingPremises to its prior condition, Tenant covenants reasonable wear and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Other than the Finish Work, which shall be governed by the Work Letter, Tenant shall not replacemake any alterations to the Premises during the Term, alter including installation of equipment or repair machinery which requires modifications to existing electrical outlets or increases Tenant’s usage of electricity beyond Tenant’s Standard Electrical Usage (collectively “Alterations”) without in each instance first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Minor Alteration”): (a) is either cosmetic in nature (including, without limitation, painting, carpeting and wallcovering) or consists of an interior decorating improvement or alteration; (b) is not visible from the exterior of the Premises or any part thereof Building; (c) will not affect the base Building or any equipment mechanical systems; (d) does not require work to be performed inside the walls or appurtenance thereto if above the ceiling of the Premises; (e) does not require a building permit; and (f) the cost thereof exceeds in of Alterations made at any one time does not exceed $10,000, so long as Tenant shall provide prior written notice to Landlord detailing the aggregate Twenty Thousand type and No/100 Dollars scope of any Minor Alterations prior to commencement of the same ($20,000.00) (any such action being hereinafter referred to as a “Capital ImprovementMinor Alterations Notice”). Except as otherwise expressly provided herein, unless Minor Alterations shall be subject to all the other provisions of this Section 12. Landlord’s consent or approval of the plans, specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall not impose any liability on Landlord) as to their completeness, design sufficiency, or compliance with Applicable Laws. Tenant shall at its cost pay all engineering and design costs incurred by Landlord, if any, as to all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and reasonable requirements of Landlord’s insurance. All such work relating to Alterations shall be performed in a good and workmanlike manner, using materials and equipment at least equal in quality to the Initial Tenant Finish, and shall comply with the following requirements, which rules and regulations relating to construction activities in the Building promulgated from time to time by Landlord for the Building. Tenant shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall give Landlord notice at least ten (10) 15 days prior to the commencement of any Alterations or Minor Alterations in the work Premises. Prior to starting work, Tenant shall furnish the Landlord with the following: with: (1) Complete plans and specifications for the work prepared by a licensed architect approved by LandlordAlterations, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; if applicable; (2) A fixed-sum contract in assignable form made names of contractors, which contractors shall be reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with a reputable respect to base Building or mechanical systems); and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment required permits and approvals from governmental authorities, if applicable. Tenant shall pay Landlord a reasonable supervisory fee not to exceed 3% of hard construction costs for any work performed by someone other than Landlord’s employees or contractors. Upon completion of any Alterations or maintenance work, Tenant shall provide Landlord with completion affidavits and full and final waivers of lien reasonably acceptable to Landlord of such contractand “as built” plans for Alterations, duly executed and acknowledged by Tenant, if applicable. Tenant shall deliver to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default Landlord prior to complete performance commencement of such contractany Alterations, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, certificates issued by an insurer licensed insurance companies qualified to do business in the State state in which the Premises are located, guaranteeing the full completion of the work evidencing that worker’s compensation, public liability insurance, and payment therefor within a reasonable timeproperty damage insurance (in amounts, free with companies and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security on forms reasonably satisfactory to Landlord) are in force and maintained by all contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, in Landlord’s sole discretion. (b) Tenant Building Manager, and Mortgagee as additional insureds. Each certificate shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause provide that the insurance policies required under may not be cancelled or modified without 30 days’ prior written notice to Landlord and Mortgagee. Landlord also has the Section entitled Insurance right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be endorsed to cover the additional risk during the course performed in a manner which does not unreasonably interfere with Landlord or other tenants of the workBuilding, and or impose additional expense upon Landlord in the operation of the Building Complex. Landlord agrees to reasonably cooperate with Tenant at no cost or expense to Landlord (2including execution of any necessary documents) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with Tenant’s submission of any applications for approvals, licenses and/or permits from any governmental authority as may be reasonably necessary or appropriate relating to Tenant’s construction of any Alterations, provided that Tenant pays all permit and inspection fees required under such work. approvals, licenses and/or permits. 12.2 Tenant shall deliver evidence keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and permanently installed light fixtures (but not including Tenant’s Property (as defined below), which shall at all times remain the property of compliance Tenant, both during and upon expiration of the Term), are deemed a part of the real estate and the property of Landlord and remain upon and be surrendered with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of such Alterations (unless Landlord elects not to require Tenant to remove such Alterations), and in such event, Tenant shall at Tenant’s execution expense promptly remove the Alterations specified and delivery of any instrument transferring title theretorestore the Premises to its prior condition, reasonable wear and tear excepted. Notwithstanding the foregoing, Landlord will make its election regarding removal of Alterations at the time Landlord approves such Alterations if such election by Landlord is expressly requested by Tenant covenants and agrees upon as to any Alterations requiring Landlord’s request to executeconsent, acknowledge and deliver to within 10 days of receipt of a Minor Alterations Notice if such election by Landlord any instrument reasonably is expressly requested by Tenant. If Landlord fails to confirm timely make such titleelection following receipt of a notice requesting such election, and if Tenant shall fail or refuse have no obligation to execute, and deliver remove any such instrumentAlterations or Minor Alterations, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameas applicable.

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant shall covenants and agrees not replace, alter to make any Alterations in or repair additions to the Premises or any part thereof or (subsequent to the work in the Premises performed by Landlord pursuant to the Work Letter), including installation of any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars machinery therein which requires modification of or additions to any existing electrical outlet or which would increase Tenant's usage of electricity beyond Tenant's Standard Electrical Usage ($20,000.00) (any all such action being hereinafter alterations are referred to herein collectively as a “Capital Improvement”)"Alterations") without in each such instance first obtaining the written consent of Landlord. Xxxxxxxx's consent to any Alterations by Tenant or Landlord's approval of the plans, unless specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities now in effect or which may hereafter be in effect. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented and shall cause such alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord's insurance carriers. All Alterations which Tenant shall comply with the following requirements, which is permitted to make shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to-be performed by Tenant pursuant to the provisions of subparagraph B below and any BuildingAlterations permitted by Landlord pursuant to the provisions hereof, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairsinstallations desired by Tenant for Tenant's telegraphic, restoration and other work required to be done pursuant to the provisions of other Sections of this Leasetelephonic or electrical connections, shall be done at Tenant's expense by Xxxxxxxx's employees or, with Landlord's consent, by persons requested by Xxxxxx and become authorized in writing by Landlord’s sole ; provided, however if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Xxxxxx to perform such work. All such policies shall name Landlord and any Mortgagee (as defined in Paragraph 20) as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without ten (10) days' prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair, and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants' use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties, as set forth in Paragraph 17 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the term hereof regardless of the cause therefor, including but' not limited to, carpeting, draperies, window coverings, wallcoverings, painting or any of Tenant's property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance, or injury at the end of the Term without Primary Lease Term, or any extension thereof, whether by lapse of time or otherwise, unless Landlord by notice given to Tenant no later than fifteen (15) days prior to the necessity end of Tenant’s execution the term shall elect to have Tenant remove all or any of the Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested shall promptly remove at Tenant's expense the Alterations specified by Landlord and restore the Premises to confirm such titletheir condition prior to the making of the same, reasonable wear and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. 11.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond building design standards (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement written consent of Landlord. Landlord's consent or approval of the workplans, obtain Landlord’s prior consent to the proposed Capital Improvement specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall at least ten (10not impose any liability on Landlord) days prior as to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlordtheir completeness, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans Initial Tenant Finish. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any Colorado, evidencing that worker's compensation, public liability insurance, and property damage insurance (in amounts, with companies and on forms satisfactory to Landlord) are in force and maintained by all interim contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architecttenants of the Building, engineer or contractorimpose additional expense upon Landlord in the operation of the Building Complex. 11.2 Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 11.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (c) The Capital Improvements shall be made promptlybut not including movable office furniture not attached to the Building), in are deemed a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value part of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs real estate and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement the property of Landlord and including, but not limited to, any repairs, restoration remain upon and other work required to be done pursuant to surrendered with the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of Tenant’s execution such Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees upon Landlord’s request restore the Premises to executeits prior condition, acknowledge reasonable wear and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant shall covenants and agrees not replaceto (a) make any structural, alter mechanical or repair electrical alterations in or additions to the Premises, (b) make any other alterations or additions to the Premises in excess of $10,000 per work order that are not visible from the exterior of the Premises and do not otherwise affect the exterior appearance of the Building, and do not require any application to a political jurisdiction for rezoning, general plan amendment, variance, conditional use permit or architectural review approval, (c) make any other alterations or additions to the Premises or any part thereof or (d) install of any equipment or appurtenance thereto if machinery therein which requires modification of or additions to any existing electrical outlet or which would increase Tenant's usage of electricity beyond the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars Tenant's Standard Electrical Usage ($20,000.00) (any all such action being hereinafter alterations are referred to herein collectively as a “Capital Improvement”)the "Alterations") without in each such instance first obtaining the written consent of Landlord. Landlord's consent to any Alterations by Tenant or Landlord's approval of the plans, unless specifications and working drawings for the Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities now in effect or which may hereafter be in effect. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented and shall cause such alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord's insurance carriers. All Alterations which Tenant shall comply with the following requirements, which is permitted (or deemed permitted) to make shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to be performed by Tenant pursuant to the provisions of subsection B below and any BuildingAlterations permitted by Landlord pursuant to the provisions hereof, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairsinstallations desired by Tenant for Tenant's telegraphic, restoration and other work required to be done pursuant to the provisions of other Sections of this Leasetelephonic or electrical connections, shall be done at Tenant's expense by, at Tenant's option, Landlord's employees or, with Landlord's consent (not to be unreasonably withheld), by persons requested by Tenant and become authorized in writing by Landlord’s sole ; provided, however if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be reasonably necessary. Notwithstanding the foregoing, with respect to any Alterations that affect the structure of the Building, the Building electrical, mechanical or life safety systems, or any portion of the Project outside the Premises, at Landlord's option, such Alterations shall be made by Landlord, or by a contractor specified by Landlord, for Tenant's account. In the event Landlord constructs any Alterations pursuant to this section, Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord's overhead) as an Additional Rent, within twenty (20) days after receipt of a statement from Landlord therefor. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms reasonably satisfactory to Landlord, are in force and effect and maintained (to the extent required by applicable law) by all contractors and subcontractors engaged by Tenant to perform such work. Upon written request by Landlord, all such policies shall name Landlord and any Mortgagee (as defined in Section 20) as an additional insured. Each such certificate shall provide that the same may not be cancelled or modified without ten (10) days' prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair, and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants' use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties, as set forth in Section 18 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the term hereof regardless of the cause therefor, including but not limited to carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including office supplies, movable office furniture and movable equipment not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance, or injury at the end of the Term without Term, whether by lapse of time or otherwise. Tenant shall be required to remove any Alterations (including telecommunications cabling installed by Tenant or Landlord as part of the necessity of Tenant’s execution Landlord's Work, the Tenant Work, or Alterations) unless otherwise expressly agreed to between Landlord and delivery of any instrument transferring title thereto. Notwithstanding Tenant at the foregoing, Tenant covenants and agrees upon time Landlord’s request 's consent to execute, acknowledge and deliver to Landlord any instrument reasonably requested such Alterations is granted by Landlord pursuant to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s namethis Lease.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including (without limitation) installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant’s usage of electricity beyond building design standards (collectively “Alterations”) without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement written consent of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications consent shall also meet with not be unreasonably withheld, conditioned or delayed. Landlord’s approvalconsent or approval of the plans, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans specifications and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated working drawings for any reason; Alterations shall not constitute any warranty or representation by Landlord (2and shall not impose any liability on Landlord) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory as to Landlordtheir completeness, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Legal Requirements. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Legal Requirements and requirements of Landlord’s insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans initial Tenant finish. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant’s expense with Landlord’s prior reasonable consent and subject to any reasonable conditions imposed by Landlord. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any Colorado, evidencing that worker’s compensation, public liability insurance, products liability insurance, and property damage insurance (in amounts, with companies and on forms reasonably satisfactory to Landlord) are in force and maintained by all interim contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, the manager of the Building, as designated by Landlord from time to time (the “Building Manager”), and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without thirty (30) days’ prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value tenants of the Premises. Title to any Building, Improvementsor impose additional expense upon Landlord in the operation of the Building Complex. Notwithstanding any provision to the contrary contained in this Section 12, fixturesTenant shall have the right to perform cosmetic alterations and other finish work at the Premises, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited towithout limitation, any repairs, restoration decoration work and other work required necessary to be done pursuant install customary office furnishings at the Premises, provided that Tenant gives Landlord not less than three (3) business days’ prior written notice and Landlord does not object to such activities based upon its good faith belief that such activities will unreasonably interfere with the use and occupancy of other tenants within the Building. 12.2 Tenant shall keep the Premises in as good order, condition, and repair, as on the Commencement Date, loss by fire or other casualty, condemnation and ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the provisions Building), are deemed a part of other Sections the real estate and the property of this Lease, Landlord and shall remain upon and be and become Landlord’s sole property surrendered with the Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than fifteen (15) days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of such Alterations, and in such event, Tenant shall at Tenant’s execution expense promptly remove the Alterations specified and delivery of any instrument transferring title theretorestore the Premises to their prior condition, reasonable wear and tear excepted. Notwithstanding the foregoingforegoing or any provision to the contrary contained herein, (i) Tenant shall remove any movable office furniture, equipment and other personal property at the Premises (including, without limitation the Liebert Unit serving the server room at the Premises) unless Landlord and Tenant agree in writing that such items may remain on the Premises upon expiration of the Lease, and (ii) Tenant shall not be required to remove from the Premises (x) any portion of the Landlord Work, or the Tenant Finish Work, or (y) any Alterations performed (a) before the date hereof, (b) by Landlord during the Term hereof (unless upon Tenant’s request), or (c) any Alterations that Landlord designates (or is deemed to designate) do not require removal in accordance with Section 12.4 below. 12.4 At the time Tenant requests Landlord’s consent to any Alterations, Tenant covenants may request that Landlord designate which elements of the Alterations must be removed pursuant to this Section 12 and agrees upon Landlord shall make that designation on the date Landlord gives Landlord’s consent to such Alterations. If Tenant’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, is provided in accordance with the foregoing and if Landlord fails to so notify Tenant whether Tenant shall fail be required to remove the subject Alterations at the expiration or refuse to executeearlier termination of this Lease, and deliver any such instrument, it shall be deemed that Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameshall not require the removal of the subject Alterations.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord's consent or approval of the plans, specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall not impose any liability on Landlord) as to their completeness, design sufficiency, or compliance with Applicable Laws; provided, however, Tenant may, without Landlord's consent, perform interior non-structural Alterations not involving modifications to the Base Building plumbing, electrical, mechanical or life safety systems provided the cost thereof exceeds in the aggregate Twenty of any particular Alterations (taking into account together all Alterations being made as part of a common or phased plan) does not exceed Ten Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”10,000), unless . Tenant shall comply at its cost: pay all engineering and design costs incurred by Landlord as to all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with the following requirements, which Applicable Laws and requirements of Landlord's insurance. All such work relating to Alterations shall be applicable performed in a good and workmanlike manner, using new materials and equipment at least equal in quality to all Capital Improvements: (a) the work performed under the Work Letter. All Alterations, repair and maintenance work performed by Tenant shallshall be done at Tenant's expense by Landlord's employees or, before the commencement of the work, obtain with Landlord’s 's prior consent and subject to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved any conditions imposed by Landlord, which plans and specifications by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall also meet with Landlord’s approval, together with pay Landlord a supervisory fee (not to exceed 5% of the approval thereof by any governmental board, bureau or body then exercising jurisdiction over cost of the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2respective Alteration) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory upon receipt of an invoice. If Landlord authorizes such persons to Landlord, providing for the erection, completion and terms of payment for all perform work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment Tenant shall deliver to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, commencement certificates issued by an insurer licensed insurance companies qualified to do business in the State state in which the Premises are located, guaranteeing the full completion of the work evidencing that worker's compensation, public liability insurance, and payment therefor within a reasonable timeproperty damage insurance (in amounts, free with companies and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security on forms satisfactory to Landlord, ) are in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause force and maintained by all contractors and subcontractors engaged to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with perform such work. All liability policies shall name Landlord, Building, Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be canceled or modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other tenants of the Building, or impose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall deliver evidence keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including permanent drywall partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), are deemed a part of compliance the real estate and the property of Landlord and remain upon and be surrendered with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of Tenant’s execution such Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees upon Landlord’s request restore the Premises to executeits prior condition, acknowledge reasonable wear and deliver to Landlord any instrument reasonably tear excepted. If expressly requested by Landlord Tenant at the time consent is requested for any Alterations or prior to confirm construction of such title, and if Tenant shall fail or refuse to execute, and deliver any such instrumentAlterations, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact shall promptly inform Tenant whether Landlord will require the removal of particular Alterations pursuant to execute, acknowledge and deliver such instrument in Tenant’s namethis Section 12.3.

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant shall covenants and agrees not replace, alter to make any alterations in or repair additions to the Premises or any part thereof or (subsequent to the work in the Premises performed by Landlord pursuant to the Work Agreement), including installation of any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars machinery therein which requires modification of or additions to any existing electrical outlets or which would increase Tenant’s usage of electricity beyond Tenant’s Standard Electrical Usage ($20,000.00) (any all such action being hereinafter alterations are referred to herein collectively as a “Capital ImprovementAlterations”)) without in each such instance first obtaining the written consent of Landlord. Landlord’s consent to any Alterations by Tenant or Landlord’s approval of the plans, unless specifications and working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of govemmental agencies or authorities now in effect or which may hereafter be in effect. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented and shall cause such Alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord’s insurance carriers. All Alterations which Tenant shall comply with the following requirements, which is permitted to make shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to be performed by Tenant pursuant to the provisions of subparagraph B below and any BuildingAlterations permitted by Landlord pursuant to the provisions hereof, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairsinstallations desired by Tenant for Tenant’s telegraphic, restoration and other work required to be done pursuant to the provisions of other Sections of this Leasetelephonic or electrical connections, shall be and become done at Tenant’s expense by Landlord’s sole employees or, with Landlord’s consent, by persons requested by Tenant and authorized in writing by Landlord; provided, however, if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workers’ compensation, commercial general liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee (as defined in Paragraph 21) as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without ten (10) days’ prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants’ use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord’s obligation to make repairs in the event of certain casualties, as set forth in Paragraph 18 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the term hereof regardless of the cause therefor, including but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant’s property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of iliustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of the Term without Primary Lease Term, or any extension thereof, whether by lapse of time or otherwise, unless Landlord by notice given to Tenant no later than fifteen (15) days prior to the necessity end of the term shall elect to have Tenant remove all or any of the Alterations, and in such event, Tenant shall promptly remove at Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding expense the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested Alterations specified by Landlord and restore the Premises to confirm such titletheir condition prior to the malung of the same, reasonable wear and if tear excepted. D. All Alterations, movable furniture and personal effects of Tenant not removed from the Premises upon the vacation, abandonment thereof or upon the expiration or termination of this Lease for any cause whatsoever shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or any other person and without obligation to account therefor and Tenant shall fail or refuse pay Landlord all expenses incurred in connection with the disposition of such property. Tenant shall pay Landlord all expenses incurred in connection with removal of such property, including, but not limited to, the cost of repairing any damage to execute, and deliver any the Premises caused by the removal of such instrument, Landlord is hereby irrevocably appointed property. Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameobligations hereunder shall survive the expiration or other termination of the Lease.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond building design standards (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement written consent of Landlord. Landlord's consent or approval of the workplans, obtain Landlord’s prior consent to the proposed Capital Improvement specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall at least ten (10not impose any liability on Landlord) days prior as to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlordtheir completeness, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least, equal in substantial compliance with quality to the plans Initial Tenant Finish. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any Colorado, evidencing that worker's compensation, public liability insurance, and property damage insurance (in amounts, with companies and on forms satisfactory to Landlord) are in force and maintained by all interim contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architecttenants of the Building, engineer or contractorimpose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (c) The Capital Improvements shall be made promptlybut not including movable office furniture not attached to the Building), in are deemed a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value part of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs real estate and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement the property of Landlord and including, but not limited to, any repairs, restoration remain upon and other work required to be done pursuant to surrendered with the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of Tenant’s execution such Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees upon Landlord’s request restore the Premises to executeits prior condition, acknowledge reasonable wear and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. A. Except as provided for in Exhibit C, Tenant shall covenants and agrees not replaceto make any alterations in or additions to the Premises, alter or repair the Premises or any part thereof or including installation of any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (machinery that requires modification of or additions to any such action being hereinafter referred to as a “Capital Improvement”)existing electrical outlet or which would increase Tenant’s usage of electricity beyond standard electrical usage, unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement ie at or below 7 wxxxx per rentable square foot of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, (all such alterations collectively “Alterations”) without in each such instance first obtaining the written consent of Landlord. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which plans Landlord has consented, and specifications shall cause such Alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord’s insurance carriers. All Alterations which Tenant is permitted to make shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to be performed by Tenant pursuant to the provisions of Paragraph 11.B. below and any BuildingAlterations permitted by Landlord pursuant to the provisions of this Paragraph 11.A, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Leaseinstallations desired by Tenant for Tenant’s telecommunications or electrical connections, shall be and become done at Tenant’s expense by Landlord’s sole employees or, with Landlord’s consent, by persons requested by Tenant and authorized in writing by Landlord; provided, however, if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the greater of 5% of any project cost or Landlord’s actual costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen’s compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee, (as defined herein) as additional insureds. Each such certificate shall provide that the same may not be cancelled or modified without thirty (30) days’ prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair, and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants’ use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord’s obligation to make repairs in the event of certain casualties, as set forth in Paragraph 18 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the Term regardless of the cause therefore unless such damage is caused solely by the gross negligence or willful misconduct of the Landlord or its agents, including but not limited to, Building Systems, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant’s property or improvements in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises without molestation, disturbance, or injury at the end of the Term without the necessity of Tenant’s execution and delivery of Primary Lease Term, or any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameextension thereof.

ALTERATIONS AND REPAIRS BY TENANT. Tenant shall not replace, alter or repair the Premises or any part thereof or any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a A surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. Tenant shall not replacenot, without first obtaining the written consent of Landlord, make any alteration(s), addition(s), or improvement(s), in, to or about the premises. During the Lease term, Tenant shall make, at Tenant’s expense, following Landlord’s written consent, all necessary repairs to the premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. Unless authorized by law, Tenant will not, without Landlord’s prior written consent, alter, re-key or install any locks to the premises or install or alter any burglar alarm system. Tenant will provide Landlord with a key or repair keys capable of unlocking all such re-keyed or new locks as well as instructions on how to disarm any altered or new burglar alarm system. Except as provided by law or as authorized by the Premises prior written consent of Landlord. Tenant, at Tenant’s expense, shall have the right following Landlord’s written consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part thereof or any equipment or appurtenance thereto if of the cost thereof exceeds premises from time to time as Tenant may deem desirable, provided the same are made in the aggregate Twenty Thousand a workmanlike manner and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless utilizing good quality materials. Tenant shall comply with have the following requirementsright to place and install personal property, which shall be applicable trade fixtures, equipment and other temporary installations in and upon the premises, and fasten the same to all Capital Improvements: (a) the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant shall, before at the commencement of the workLease term or placed or installed on the premises by Tenant thereafter, obtain Landlordshall remain Tenant’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided removal of such improvement(s) will not cause material injury to the premises. All improvements made by Tenant to the Premises which are so attached to the Premises that they cannot be removed without material injury to the Premises, shall become the property of Landlord upon installation. Not later than the last day of the Term, Tenant shall, at Tenant’s expense, remove all mechanics’ of Tenant’s personal property and those improvements made by Tenant which have not become the property of Landlord, including trade fixtures, cabinetwork, movable paneling, partitions, and the like; repair all injury done by or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance connection with the plans installation or removal of such property and specifications approved improvements; and surrender the Premises in as good condition as they were at the beginning of the Term, reasonable wear, and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Tenant or Tenant’s agents, employees, visitors, or licensees, excepted. In any event, all property of Tenant remaining on the premises after the last day of the Term of this lease shall be conclusively deemed abandoned and may be removed by Landlord, or other security satisfactory and Tenant shall reimburse Landlord for the cost of such removal. Not withstanding the above, Tenant at it’s sole cost and expense shall make all agreed upon improvements subject to the Landlord’s approval and shall comply with all city codes. Upon termination of occupancy, all lease hold improvements, agreed upon by Tenant and Landlord, in Landlord’s sole discretion. (b) that are fixed to the property shall stay with the property. Upon termination of occupancy, Landlord and Tenant shall (1) at its expense carry or cause make up a list of those agreed upon improvements that are considered capital improvements to be carried the necessary worker’s compensation insurance property and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, paid for by Tenant. Landlord and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence determine the condition of compliance with the foregoing requirements to each agreed upon improvement and determine how much Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, shall reimburse Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractorsaid agreed upon improvements. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirementswritten consent of Landlord, which shall not be applicable unreasonably withheld or delayed. Landlord's consent or approval of the plans, specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall not impose any liability on Landlord) as to their completeness, design sufficiency, or compliance with Applicable Laws. Tenant shall at its cost: pay all engineering and design costs incurred by Landlord as to all Capital Improvements: (a) Tenant shall, before the commencement of the workAlterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord’s 's insurance. All such work relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in quality to the Initial Tenant Finish. All Alterations repair and maintenance work performed by Tenant shall be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent and subject to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved any conditions imposed by Landlord, which plans and specifications by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with pay Landlord a reputable and responsible contractor satisfactory reasonable supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to Landlord, providing for the erection, completion and terms of payment for all perform work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment Tenant shall deliver to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, commencement certificates issued by an insurer licensed insurance companies qualified to do business in the State state in which the Premises are located, guaranteeing the full completion of the work evidencing that worker's compensation, public liability insurance, and payment therefor within a reasonable timeproperty damage insurance (in amounts, free with companies and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security on forms satisfactory to Landlord) are in force and maintained by all contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other tenants of the Building, or impose additional expense upon Landlord in the operation of the Building Complex. Notwithstanding the foregoing, and without modifying or otherwise limiting the provisions of this Section 12.1, Landlord’s sole discretion. 's consent shall not be required for any Alteration that is solely of a cosmetic nature and that (a) is not visible from outside the Premises, (b) Tenant shall (1) at its expense carry or cause to be carried will not affect the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course systems and/or structure of the workBuilding, (c) is solely at the expense of Tenant, and (2d) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. cost of which is $25,000.00 or less. 12.2 Tenant shall deliver evidence keep the Premises and Landlord Furniture (as defined in Article 31, below) in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but excluding Tenant Furniture) are deemed a part of compliance the real estate and the property of Landlord and remain upon and be surrendered with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term without the necessity Term, whether by lapse of Tenant’s execution and delivery of any instrument transferring title theretotime or otherwise. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name."

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the written consent of Landlord, which consent shall not be unreasonable withheld, conditioned or delayed. Landlord's consent or approval of the plans, specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall not impose any liability on Landlord) as to their completeness, design sufficiency, or compliance with Applicable Laws; provided, however, Tenant may, without Landlord's consent, perform interior non-structural Alterations not involving modifications to the Base Building plumbing, electrical, mechanical or life safety systems (as distinguished from the portions of such systems located within the Premises that are installed by Tenant as Initial Tenant Finish) provided the cost thereof exceeds in the aggregate Twenty of any particular Alterations (taking into account together all Alterations being made as part of a common or phased plan) does not exceed Seventy Five Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred 75,000)(such cost limit shall not, however, be applicable to as a “Capital Improvement”Alterations on the 6th floor), unless . Tenant shall comply at its cost: pay all engineering and design costs incurred by Landlord as to all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in quality to the following requirementsInitial Tenant Finish. All Alterations, repair and maintenance work performed by Tenant shall be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent, which shall not be applicable unreasonably withheld, conditioned or delayed, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to all Capital Improvements: (a) Tenant shall, before the commencement of the perform work, obtain Landlord’s prior consent Tenant shall deliver to the proposed Capital Improvement and shall at least ten (10) days Landlord prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, certificates issued by an insurer licensed insurance companies qualified to do business in the State state in which the Premises are located, guaranteeing the full completion of the work evidencing that worker's compensation, public liability insurance, and payment therefor within a reasonable timeproperty damage insurance (in amounts, free with companies and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security on forms satisfactory to Landlord, ) are in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause force and maintained by all contractors and subcontractors engaged to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with perform such work. Tenant All liability policies shall deliver evidence of compliance name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be canceled or modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with the foregoing requirements to Landlord prior to the commencement performance of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly Landlord's rights and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of obligations under this Lease, or impose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture, equipment and other property not permanently attached to the Building), are deemed a part of the real estate and the property of Landlord and remain upon and be and become Landlord’s sole property surrendered with the Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of Tenant’s execution such Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees upon Landlord’s request restore the Premises to executeits prior condition, acknowledge reasonable wear and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirementswritten consent of Landlord, which shall not be applicable to all Capital Improvements: (a) Tenant shall, before the commencement unreasonably withheld. Landlord's consent or approval of the workplans, obtain Landlord’s prior consent to the proposed Capital Improvement specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall at least ten (10not impose any liability on Landlord) days prior as to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlordtheir completeness, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans Initial Tenant Finish. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a supervisory fee of 2.5% of the total construction cost upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any Colorado, evidencing that worker's compensation, public liability insurance, and property damage insurance (in amounts, with companies and on forms satisfactory to Landlord) are in force and maintained by all interim contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architecttenants of the Building, engineer or contractorimpose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (c) The Capital Improvements shall be made promptlybut not including movable office furniture not attached to the Building), in are deemed a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value part of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs real estate and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement the property of Landlord and including, but not limited to, any repairs, restoration remain upon and other work required to be done pursuant to surrendered with the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without that it elects to have Tenant remove all or part of such Alterations, and in such event, Tenant shall at Tenant's expense promptly remove the necessity of Tenant’s execution Alterations specified and delivery of any instrument transferring title theretorestore the Premises to its prior condition, reasonable wear and tear excepted. Notwithstanding the foregoing, in the event that Landlord, at the time it consents to the installation of a specific Alteration, agrees that a specific Alteration may be removed by Tenant covenants and agrees upon Landlord’s request at the end of the Initial Term without a return of the Premises to executeits prior condition, acknowledge and deliver then the provisions of this Section 12.3 shall not apply with respect to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s namethat specific Alteration.

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant shall covenants and agrees not replaceto make any alterations in, alter or repair additions to, the Premises or any part thereof or (subsequent to the work in the Premises performed by Landlord pursuant to the Work Letter), including installation of any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars machinery therein which requires modification of or additions to any existing electrical outlet or which would increase Tenant's usage of electricity beyond Tenant's Standard Electrical Usage ($20,000.00) (any all such action being hereinafter alterations are referred to herein collectively as a “Capital Improvement”)"Alterations") without in each such instance first obtaining the written consent of Landlord. Tenant, unless at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented, and shall cause such Alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord's insurance carriers. All Alterations which Tenant shall comply with the following requirements, which is permitted to make shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to be performed by Tenant pursuant to the provisions of subparagraph B below and any BuildingAlterations permitted by Landlord pursuant to the provisions hereof, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairsinstallations desired by Tenant for Tenant's telegraphic, restoration and other work required to be done pursuant to the provisions of other Sections of this Leasetelephonic or electrical connections, shall be done at Tenant's expense by Landlord's employees or, with Landlord's consent, by persons requested by Tenant and become authorized in writing by Landlord’s sole , provided, however, if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee, (as defined herein) as an additional insured. Each such certificate shall provide that the same may not be cancelled or modified without ten (10) days prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair, and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building Complex or upon other tenants use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties, as set forth in Paragraph 18 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the term hereof regardless of the cause therefor, including but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building Complex), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance, or injury at the end of the Primary Lease Term without or any extension thereof, whether by lapse of time or otherwise, or upon the necessity termination of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding 's right to occupy the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s namePremises.

ALTERATIONS AND REPAIRS BY TENANT. Tenant shall not replace, alter or repair the Premises or any part thereof or any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.0020,000 00) (any such action being hereinafter referred to as a “"Capital Improvement”"), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements:. (a) Tenant shall, before the commencement of the work, obtain Landlord’s 's prior written consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following:. (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s 's approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s 's sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s 's re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s 's compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, . Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. work Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s 's architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s 's sole property at the end of the Term without the necessity of Tenant’s 's execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s 's request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 After completion of the Tenant Work, Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond the capacity of the Building systems (collectively "Alterations") without in each instance first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord's consent or approval of the plans, specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall not impose any liability on Landlord) as to their completeness, design sufficiency, or compliance with Applicable Laws; provided, however, Tenant may, without Landlord's consent (but with notice of the nature of the changes, as reflected in record or as-built drawings promptly delivered to Landlord following completion of Alterations) perform interior non-structural Alterations not involving modifications to the Base Building plumbing, electrical, mechanical or life safety systems (as distinguished from the portions of such systems located within the Premises that are installed by Tenant as Initial Tenant Finish, if any) provided the cost thereof exceeds in the aggregate of any particular Alterations (taking into account together all Alterations being made as part of a common or phased plan) does not exceed One Hundred Twenty Five Thousand and No/100 Dollars ($20,000.00) 125,000). Tenant shall at its cost: pay all reasonable third party engineering costs incurred by Landlord as to all Alterations for which Landlord's consent is required, obtain all governmental permits and approvals required (any such action being hereinafter referred to as a “Capital Improvement”except if the Tenant Work or Alterations are performed by Landlord, in which event Landlord shall obtain the necessary governmental permits and approvals), unless cause all Alterations to be completed in compliance with Applicable Laws and reasonable requirements of Landlord's insurance, and provide Landlord with record or as-built drawings promptly following completion of Alterations. All such work relating to Alterations shall be performed in a good and workmanlike manner, using new or like-new materials and equipment at least equal in quality to the Initial Tenant Finish. All Alterations, repair and maintenance work performed by Tenant shall comply with be done at Tenant's expense using contractors licensed to perform the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before work in the commencement Commonwealth of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect Virginia who are reasonably approved by Landlord, which plans and specifications contractors shall also meet complete the Alterations in accordance with Landlord’s approval, together with 's reasonable contractor rules attached as Exhibit 2 to the approval thereof Work Letter. If such work is not performed by any governmental board, bureau or body then exercising jurisdiction over Landlord's employees and such work is performed subsequent to the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property Tenant Work contemplated in the event Work Letter, involves the Building systems and/or structural portions of the Building and Landlord reasonably determines that this Lease supervision of such work is required, Tenant shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to pay Landlord, providing for the erectionupon receipt of an invoice, completion and terms of payment for all a supervisory fee based on actual costs paid to third parties. If Landlord authorizes such persons to perform work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment Tenant shall deliver to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance commencement of such contractwork, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, certificates issued by an insurer licensed insurance companies qualified to do business in the State state in which the Premises are located, guaranteeing evidencing that worker's compensation, public liability insurance, and property damage insurance (in amounts, with companies and on forms satisfactory to Landlord) are in force and maintained by all contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the full completion insurance may not be cancelled or modified without 10 days' prior notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other tenants of the work Building, or impose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall keep the Premises in as good order, condition, and payment therefor within repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted, and damage due to the negligence or willful misconduct of Landlord or Landlord's agents, contractors, or employees. The liability of Tenant for the costs and expenses of repairs shall be reduced by the amount of any insurance proceeds for which Landlord is entitled (or for which Landlord would have been entitled had Landlord obtained and maintained the insurance required pursuant to the terms of this Lease). 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), are deemed a reasonable time, free part of the real estate and clear the property of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale Landlord and other charges, in accordance remain upon and be surrendered with the Premises at the end of the Term, whether by lapse of time or otherwise, unless (a) Tenant requests, when it submits its plans and specifications approved by for such Alteration to Landlord for Landlord's approval, Landlord's consent to Tenant's removal of such Alterations upon the expiration or earlier termination of the Lease Term and Landlord so consents, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at Landlord specifies in its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course approval of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for such Alterations that Tenant must remove the work. Tenant shall also deliver to Landlord copies of any and all interim Alterations upon the expiration or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end earlier termination of the Term without of the necessity Lease, except that if Tenant is not in default under this Lease beyond any applicable notice and cure period, then Tenant shall have the right to remove, prior to the expiration or earlier termination of the Term of the Lease, movable furniture, Tenant’s execution 's System (excluding mechanical door locks), movable furnishings and delivery movable trade fixtures installed in the Premises by Tenant solely at Tenant's expense; provided, however, that Landlord may only require that an Alteration be removed upon the expiration or earlier termination of the Term of the Lease if in Landlord's reasonably professional judgment such Alteration would, as a result of the unique nature of such items or the anticipated difficulty or expense required to remove such items, expose Landlord to greater expense and effort in order to remove such items than the standard demolition of such space would have otherwise involved. If Tenant is required to remove all or part of any instrument transferring title thereto. Notwithstanding the foregoingAlterations, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees restore the Premises to its prior condition, reasonable wear and tear and damage due to casualty excepted. In lieu of requiring Tenant to restore or alter the ceiling of the Premises upon Landlord’s request to executeexpiration or earlier termination of the Lease, acknowledge Landlord and deliver Tenant have agreed on compensation to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s namethe form of a Ceiling Reimbursement fee as described in greater detail in the Letter of Credit provision of the Addendum.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond building design standards (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement written consent of Landlord. Landlord's consent or approval of the workplans, obtain Landlord’s prior consent to the proposed Capital Improvement specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall at least ten (10not impose any liability on Landlord) days prior as to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlordtheir completeness, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans Initial Tenant Finish. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any Colorado, evidencing that worker's compensation, public liability insurance, and property damage insurance (in amounts, with companies and on forms satisfactory to Landlord) are in force and maintained by all interim contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architecttenants of the Building, engineer or contractorimpose additional expense upon Landlord in the operation of the Building Complex. (c) The Capital Improvements 12.2 Tenant shall be made promptlykeep the Premises in as good order, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such titlecondition, and if Tenant shall fail repair and in an orderly state, as on the Commencement Date, loss by fire or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameother casualty or ordinary wear excepted.

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant covenants and agrees not to make any alterations in or additions to the Premises (subsequent to Tenant’s Work), including installation of any equipment or machinery therein which requires modification of or additions to any existing electrical outlets or which would increase Tenant’s usage of electricity beyond Tenant’s standard electrical usage (all such alterations, together with the Tenant’s Work, are referred to herein collectively as “Alterations”) without in each such instance first obtaining the written consent of Landlord, which consent shall not replacebe unreasonably withheld, alter conditioned or repair delayed. Notwithstanding any provision to the contrary contained in this Lease, Tenant may, without Landlord’s consent, at its own cost and expense and in a good and workmanlike manner and in accordance with all Applicable Laws, make interior, cosmetic Alterations not exceeding $25,000.00 per project per floor of the Premises that are not visible from the exterior of the Building and that do not affect the structural portions of the Building or the Building systems of the Premises or Building. In no event shall Tenant be permitted to make any part thereof Alterations to any portion of the Building or any equipment or appurtenance thereto if Building Complex other than within the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Premises. Any Alterations performed by Tenant shall comply with the following requirements, which is approved by Landlord shall be applicable subject to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to reasonable requirements in effect at such time. In the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the event Landlord with the following: (1) Complete requires that Tenant submit plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet an Alteration in connection with Landlord’s approvalapproval of the same, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole consent to any Alterations by Tenant or Landlord’s approval of the plans, specifications and absolute property working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all Applicable Laws now in effect or which may hereafter be in effect. Tenant, at its expense, shall (i) pay all engineering and design costs incurred by Landlord attributable to the event that this Lease shall be terminated for any reason; Alterations, (2ii) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to pay all of Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged ’s costs necessitated by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contractAlterations, including payments made prior without limitation, all costs for modifications and additions to the effective date Building Complex, including without limitation, the Building systems (which Landlord shall indicate as part of such assignment; and (4) At Landlordany approval of Tenant’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the workplans), and (2iii) procure obtain all necessary governmental permits from and certificates required for any Alterations to which Landlord has consented, and cause such Alterations to be completed in compliance therewith and with all governmental agencies Applicable Laws and departments having jurisdiction in connection with such workall applicable requirements of Landlord’s insurance carriers. All Alterations which Tenant are permitted to make shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and be performed in a good and workmanlike manner, using materials and equipment at least equal in substantial compliance with quality to the plans original installations in the Premises. All repair and specifications for maintenance work required to be performed by Tenant pursuant to the workprovisions of this Section 11 and any Alterations permitted by Landlord pursuant to the provisions hereof, shall be done at Tenant’s expense by persons requested by Tenant and reasonably authorized in writing by Landlord. If Landlord authorizes persons requested by Tenant to perform such Alterations, prior to the commencement of any such Alterations, Tenant shall also deliver to Landlord copies certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen’s compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without 30 days’ prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants’ use of their premises in the Building Complex. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty, condemnation, Landlord’s obligations or commercially reasonable wear and tear excepted. Subject to Landlord’s obligation to make repairs in the event of certain casualties, as set forth in Section 18 below, Landlord shall have no obligation for the repair or replacement of any and all interim portion of the interior of the Premises which is damaged or progress certificates wears out during the Lease Term regardless of the cause therefor, including but not limited to, carpeting, draperies, window coverings, wall coverings, painting or other reports submitted by any of Tenant’s architect, engineer property or contractor. (c) The Capital Improvements shall be made promptly, improvements in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title , but shall have an obligation to any Buildingrepair, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs maintain and replacements constructed, made or installed by Tenant, replace Building systems whether or not resulting in the Premises, in accordance with Section 10 above. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as part thereof without molestation, disturbance or injury at the end of the Primary Lease Term, or any extension thereof, whether by lapse of time or otherwise, unless Landlord by written notice given to Tenant at the time of approval of such Alteration, or in the event it is an Alteration for which no approval was required, no later than 15 days prior to the Expiration Date, shall elect to have Tenant remove all or any of the Alterations (including, without limitation, Tenant’s Work), and in such event, Tenant shall promptly remove on or before the expiration date of this Lease, at Tenant’s expense, the Alterations specified by Landlord and restore the Premises to their condition prior to the make of the same, reasonable wear and tear excepted. D. All Alterations which Landlord has required Tenant remove at expiration of this Lease, and all movable furniture and personal effects of Tenant not removed from the Premises upon the vacation or abandonment thereof or upon the expiration or termination of this Lease for any Capital Improvement cause whatsoever shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed or otherwise disposed of by Landlord without notice to Tenant or any other person and without obligation to account therefor and Tenant shall pay Landlord all reasonable expenses incurred in connection with the removal or disposition of such property, including, but not limited to, the cost of repairing any repairs, restoration and other work required to be done pursuant damage to the provisions Premises caused by the removal of such property. Tenant’s obligations hereunder shall survive the expiration or other Sections termination of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. 1 2.1 Except for the Tenants’ Finish Work, Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any equipment or appurtenance thereto if during the Term (collectively “Alterations”), that (i) are structural in nature; (ii) affect the exterior appearance of the Building; (iii) are reasonably projected to cost thereof exceeds in the aggregate Twenty Two Hundred Thousand and No/100 Dollars ($20,000.00200,000.00) (or more per Alteration in any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: one (1) Complete plans and specifications for the work prepared instance, including, without limitation, any instance when by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau an amendment of or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior addition to the effective date scope of work of a Permitted Alteration, the cost will then exceed such assignmentamount; and (4iv) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the workreasonable opinion, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen materially adversely affect the value of the Building or that may reasonably be expected to cause damage to one or more of the Building’s various operating, mechanical, electrical or plumbing systems (or increases Tenant’s usage of electricity beyond building design standards); or (v) otherwise adversely affect operation of the Building and/or one or more of said systems (except to the extent such Alteration will result in an upgrade to the system in question or otherwise shall provide modifications thereto that shall eliminate any such adverse effect), without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any provision to the contrary contained herein, Landlord agrees that Tenant shall have the right (but not the obligation), without Landlord’s consent, to install uninterrupted power source (“UPS”) equipment within the Premises, a trash dumpster at the Real Property, and install HVAC equipment and related facilities in the computer server room at the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or Alterations which are not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant subject to the provisions of other Sections subparts (i) through (v) of this Lease, Section 12.1 shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request deemed to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s namebe “Permitted Alterations.”

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant shall not replace, alter make any alterations in or repair additions to the Premises or any part thereof or (subsequent to the work in the Premises performed by Landlord in accordance with Section 2.A above), including installation of any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars machinery which requires modification of or additions to any existing electrical outlet or which would increase Tenant's usage of electricity beyond Permitted Power ($20,000.00) (any all such action alterations being hereinafter referred to collectively as a “Capital Improvement”"ALTERATIONS"), unless Tenant without in each instance first obtaining the written consent of Landlord. As to any Alterations to which Landlord has consented, Tenant, at its expense, shall comply with pay all engineering and design costs incurred by Landlord attributable to the following requirementsAlterations and obtain all required governmental permits and certificates, which and cause such Alterations to be completed in compliance therewith and all applicable laws and regulations and all applicable requirements of Landlord's insurance carriers. All Alterations shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment equal or better in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, odginal installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs All repair and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other maintenance work required to be done performed by Tenant pursuant to the provisions of other Sections of this LeaseB below, and any Alterations permitted by Landlord pursuant hereto, shall be done at Tenant's expense by Landlord's employees or, with Landlord's consent by persons requested by Tenant and become authorized in writing by Landlord’s sole ; provided, however, if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, Tenant shall on request deliver to Landlord certificates issued by insurance companies qualified to do business in Colorado evidencing that workmen's compensation, public liability insurance and property damage insurance (all in amounts, with companies and on forms satisfactory to Landlord) are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord (and any Mortgagee) as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without 10 days prior written notice to Landlord and such Mortgagee. Further, Landlord or such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Promises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants' use of their premises. B. Tenant shall keep the Premises in as good condition and repair as when they were entered upon, and in an orderly state, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties as set forth in Section 13 , Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the Lease Term regardless of cause, including, without limitation, carpeting, draperies, window coverings, interior plate glass, wallcoverings, painting, or any of Tenant's property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including all partitions, paneling, carpeting, drapes or other window covering, and light fixtures (but not including movable office furniture not permanently attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises without disturbance or injury at the end of the Lease Term, unless Landlord gives Tenant notice not later than 15 days before the end of the Lease Term without to have Tenant remove all or any of the necessity of Alterations, and which event Tenant shall promptly remove at Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding 's expense the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested Alterations specified by Landlord and restore the Premises to confirm such titletheir prior condition, reasonable wear and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. Tenant shall X. Xxxxxx covenants and agrees not replaceto make any Alterations in or additions to the Premises, alter or repair the Premises or any part thereof or including installation of any equipment or appurtenance thereto if machinery therein which requires modification of or additions to any existing electrical outlet or which would increase Tenant's usage of electricity beyond the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars Tenant's Standard Electrical Usage ($20,000.00) (any all such action being hereinafter alterations are referred to herein collectively as a “Capital Improvement”)"Alterations") without in each such instance first obtaining the written consent of Landlord. Xxxxxxxx's consent to any Alterations by Tenant or Landlord's approval of the plans, unless specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities now in effect or which may hereafter be in effect. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented and shall cause such alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord's insurance carriers. All Alterations which Tenant shall comply with the following requirements, which is permitted to make shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to be performed by Tenant pursuant to the provisions of subparagraph B below and any BuildingAlterations permitted by Landlord pursuant to the provisions hereof, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairsinstallations desired by Tenant for Tenant's telegraphic, restoration and other work required to be done pursuant to the provisions of other Sections of this Leasetelephonic or electrical connections, shall be done at Tenant's expense by Landlord's employees or, with Landlord's consent, by persons requested by Tenant and become authorized in writing by Landlord’s sole ; provided, however if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee (as defined in Paragraph 20) as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without ten (10) days' prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair, and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants' use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties, as set forth in Paragraph 18 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the term hereof regardless of the cause therefor, including but not limited to carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance, or injury at the end of the Term without Primary Lease Term, or any extension thereof, whether by lapse of time or otherwise, unless Landlord by notice given to Tenant no later than fifteen (15) days prior to the necessity end of Tenant’s execution the term shall elect to have Tenant remove all or any of the Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested shall promptly remove at Tenant's expense the Alterations specified by Landlord and restore the Premises to confirm such titletheir condition prior to the making of the same, reasonable wear and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement written consent of Landlord. Landlord's consent or approval of the workplans, obtain Landlord’s prior consent to the proposed Capital Improvement specifications and working drawings for any Alterations shall not constitute any warranty or representation by Landlord (and shall at least ten (10not impose any liability on Landlord) days prior as to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlordtheir completeness, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all Governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans Initial Tenant Finish. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant's expense by Xxxxxxxx's employees or, with Xxxxxxxx's prior consent and subject to any conditions imposed by Xxxxxxxx, by other persons requested by Xxxxxx; however, if such work is not performed by Xxxxxxxx's employees, Tenant shall pay Landlord a supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any Colorado, evidencing that worker's compensation, public liability insurance, and property damage insurance (in amounts, with companies and on forms satisfactory to Landlord) are in force and maintained by all interim contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or progress certificates modified without 10 days' prior written notice to Landlord and Mortgagee. Xxxxxxxx also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other reports submitted by Tenant’s architecttenants of the Building, engineer or contractorimpose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (c) The Capital Improvements shall be made promptlybut not including movable office furniture not attached to the Building), in are deemed a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value part of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs real estate and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement the property of Landlord and including, but not limited to, any repairs, restoration remain upon and other work required to be done pursuant to surrendered with the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of Tenant’s execution such Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees upon Landlord’s request restore the Premises to executeits prior condition, acknowledge reasonable wear and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars ($20,000.00) (any such action being hereinafter referred to as a “Capital Improvement”), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement written consent of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans consent shall not be unreasonably withheld, delayed or conditioned. Landlord's consent or approval of the plans, specifications and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated working drawings for any reason; Alterations shall not constitute any warranty or representation by Landlord (2and shall not impose any liability on Landlord) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory as to Landlordtheir completeness, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Laws. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all reasonable engineering and design costs incurred by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Laws and requirements of Landlord's insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans Finish Work. All Alterations, repair and specifications for the work. maintenance work performed by Tenant shall also be done at Tenant's expense by Landlord's employees or, with Landlord's prior consent (which consent shall not be unreasonably withheld or delayed) and subject to any conditions imposed by Landlord, by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall pay Landlord a reasonable supervisory fee upon receipt of an invoice. If Landlord authorizes such persons to perform work, Tenant shall deliver to Landlord copies prior to commencement certificates issued by insurance companies qualified to do business in the State of any and all interim or progress certificates or other reports submitted by Tenant’s architectColorado, engineer or contractor. (c) The Capital Improvements shall be made promptlyevidencing that worker's compensation, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property at the end of the Term without the necessity of Tenant’s execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested by Landlord to confirm such titlepublic liability insurance, and if Tenant shall fail or refuse property damage insurance (in amounts, with companies and on forms satisfactory to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-Landlord) are in-fact to execute, acknowledge and deliver such instrument in Tenant’s name.

ALTERATIONS AND REPAIRS BY TENANT. A. Tenant shall covenants and agrees not replace, alter to make any Alterations in or repair additions to the Premises or any part thereof or (subsequent to the work in the Premises performed by Landlord pursuant to the Work Letter), including installation of any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Twenty Thousand and No/100 Dollars machinery therein which requires modification of or additions to any existing electrical outlet or which would increase Tenant's usage of electricity beyond Tenant's Standard Electrical Usage ($20,000.00) (any all such action being hereinafter alterations are referred to herein collectively as a “Capital Improvement”)"Alterations") without in each such instance first obtaining the written consent of Landlord. Landlord's consent to any Alterations by Tenant or Landlord's approval of the plans, unless specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities now in effect or which may hereafter be in effect. Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all necessary governmental permits and certificates required for any Alterations to which Landlord has consented and shall cause such alterations to be completed in compliance therewith and with all applicable laws and requirements of public authorities and all applicable requirements of Landlord's insurance carriers. All Alterations which Tenant shall comply with the following requirements, which is permitted to make shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain Landlord’s prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Landlord, which plans and specifications shall also meet with Landlord’s approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Landlord, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with such work. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial compliance with quality to the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, original installations in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title All repair and maintenance work required to be performed by Tenant pursuant to the provisions of subparagraph B below and any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed Alterations permitted by Tenant, whether or not resulting from any Capital Improvement and Landlord pursuant to the provisions hereof; including, but not limited to, any repairsinstallations desired by Tenant for Tenant's telegraphic, restoration and other work required to be done pursuant to the provisions of other Sections of this Leasetelephonic or electrical connections, shall be done at Tenant's expense by Landlord's employees or, with Landlord's consent by persons requested by Tenant and become authorized in writing by Landlord’s sole ; provided, however if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any such work, on request, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in the amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord and any Mortgagee (as defined in Paragraph 21) as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without ten (10) days' prior written notice to Landlord and such Mortgagee. Further, Landlord and such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair, and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building or upon other tenants' use of their premises. B. Tenant shall keep the Premises in as good order, condition, and repair and in an orderly state, as when they were entered upon, loss by fire or other casualty or ordinary wear excepted. Subject to Landlord's obligation to make repairs in the event of certain casualties, as set forth in Paragraph 18 below, Landlord shall have no obligation for the repair or replacement of any portion of the interior of the Premises which is damaged or wears out during the term hereof regardless of the cause therefor, including but not limited to, carpeting, draperies, window coverings, wall coverings, painting or any of Tenant's property or betterments in the Premises. C. All Alterations and permanent fixtures installed in the Premises, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building), shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance, or injury at the end of the Term without Primary Lease Term, or any extension thereof; whether by lapse of time or otherwise, unless Landlord by notice given to Tenant no later than fifteen (15) days prior to the necessity end of Tenant’s execution the term shall elect to have Tenant remove all or any of the Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants and agrees upon Landlord’s request to execute, acknowledge and deliver to Landlord any instrument reasonably requested shall promptly remove at Tenant's expense the Alterations specified by Landlord and restore the Premises to confirm such titletheir condition prior to the making of the same, reasonable wear and if tear excepted. D. All Alterations, movable furniture and personal effects of Tenant not removed from the Premises upon the vacation, abandonment thereof or upon the expiration or termination of this Lease for any cause whatsoever shall conclusively be deemed to have been abandoned and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant or any other person and without obligation to account therefor and Tenant shall fail pay Landlord all expenses incurred in connection with the disposition of such property. Tenant shall pay Landlord all expenses incurred in connection with removal of such property, including, but not limited to, the cost of repairing any damage to the Premises caused by the removal of such property. Tenant's obligations hereunder shall survive the expiration or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameother termination of the Lease.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Except for the Tenants’ Finish Work, Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any equipment or appurtenance thereto if during the Term (collectively “Alterations”), that (i) are structural in nature; (ii) affect the exterior appearance of the Building; (iii) are reasonably projected to cost thereof exceeds in the aggregate Twenty Two Hundred Thousand and No/100 Dollars ($20,000.00200,000.00) or more per Alteration in any one (1) instance, including, without limitation, any instance when by an amendment of or addition to the scope of work of a Permitted Alteration, the cost will then exceed such amount; (iv) in Landlord’s reasonable opinion, materially adversely affect the value of the Building or that may reasonably be expected to cause damage to one or more of the Building’s various operating, mechanical, electrical or plumbing systems (or increases Tenant’s usage of electricity beyond building design standards); or (v) otherwise adversely affect operation of the Building and/or one or more of said systems (except to the extent such Alteration will result in an upgrade to the system in question or otherwise shall provide modifications thereto that shall eliminate any such action being hereinafter referred to as a “Capital Improvement”adverse effect), unless Tenant shall comply with the following requirements, which shall be applicable to all Capital Improvements: (a) Tenant shall, before the commencement of the work, obtain without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any provision to the proposed Capital Improvement contrary contained herein, Landlord agrees that Tenant shall have the right (but not the obligation), without Landlord’s consent, to install uninterrupted power source (“UPS”) equipment within the Premises, a trash dumpster at the Real Property, and install HVAC equipment and related facilities in the computer server room at the Premises. Alterations which are not subject to the provisions of subparts (i) through (v) of this Section 12.1 shall at least be deemed to be “Permitted Alterations.” 12.2 Tenant may make the Permitted Alterations without Landlord’s prior written consent but otherwise subject to the provisions of this Lease including, without limitation, this Section 12. Within sixty (60) days after the expiration of each calendar year during the term hereof, Tenant shall deliver to Landlord a reasonably detailed statement of all Permitted Alterations performed by Tenant during such year. Such report shall be accompanied by copies of any as-built plans Tenant may have prepared (under Applicable Legal Requirements or otherwise) or caused to be prepared in connection with any such Permitted Alterations. 12.3 No Alterations, other than Permitted Alterations, shall be undertaken or begun by Tenant until Landlord has approved the written plans and specifications for such work, which approval shall not be unreasonably withheld, delayed or conditioned. Landlord agrees to respond to any request for approval of Alterations, including approval of the written plans and specifications for such work, within ten (10) days prior after receipt thereof. If Landlord fails to respond to a request for approval within such ten (10) day period, Tenant shall have the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by right to send a licensed architect approved by Landlordsecond notice, which plans and specifications shall also meet with indicating that Landlord’s approvalapproval will be deemed granted if not withheld within ten (10) days, together with the and if Landlord shall fail to respond within ten (10) days after delivery of such second notice, Landlord’s approval thereof by any governmental board, bureau shall be deemed to have been granted. No amendments or body then exercising jurisdiction over the Premises, which additions to such plans and specifications shall be and become made without the prior written consent of Landlord, which shall be governed by the foregoing provisions, except that the initial response period shall be ten (10) days. Landlord’s sole consent or approval of the plans, specifications and absolute property in the event that this Lease shall be terminated working drawings for any reason; Alterations shall not constitute any warranty or representation by Landlord (2and shall not impose any liability on Landlord) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory as to Landlordtheir completeness, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, issued by an insurer licensed to do business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlorddesign sufficiency, or other security satisfactory to Landlord, in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection compliance with such workApplicable Legal Requirements. Tenant shall deliver evidence of compliance with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested at its cost: pay all actual out-of-pocket engineering and design costs paid by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the all Alterations (other then Permitted Alterations), obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with Applicable Legal Requirements and requirements of Landlord’s insurance. All such work is being done promptly and relating to Alterations shall be performed in a good and workmanlike manner, using new materials and equipment at least equal in substantial quality to the initial Tenant finish. Tenant shall deliver to Landlord prior to commencement of any Alterations, certificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that worker’s compensation, public liability insurance, products liability insurance, and property damage insurance (in amounts, with companies and on forms reasonably satisfactory to Landlord) are in force and maintained by all contractors and subcontractors engaged to perform such work. All liability policies shall name Landlord, the manager of the Building, as designated by Landlord from time to time in accordance with Section 29 below (the “Building Manager”), and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be cancelled or modified without thirty (30) days’ prior written notice to Landlord and Mortgagee. Subject to Section 11.2 above, Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord, or impose material additional expense upon Landlord in the operation of the Building Complex (unless Tenant agrees in writing to reimburse Landlord for the same). 12.4 Provided that Tenant shall satisfy the requirements set forth in Section 12.3 above and without limiting the rights of Tenant under Section 12.2 above, Landlord hereby authorizes Tenant to, at Tenant’s election (i) construct, install and operate, at Tenant’s sole cost, a cafeteria at the Premises within the area shown on Exhibit G, including any required improvements to the base building systems, such as grease traps, exhaust systems and similar improvements required in connection with such cafeteria and, notwithstanding any provision of Section 14 below to the contrary, to allow third party operation of the cafeteria for the benefit of Tenant, its employees, tenants, guests and invitees; (ii) construct and install an exterior dining area for employees within the area shown on Exhibit G, subject to the requirement that the exterior dining area first be reviewed and approved by the Centerra Design Review Committee established pursuant to the Title Restrictions (“Centerra Design Review Committee”); (iii) construct, install and, notwithstanding any provision of Section 14 below to the contrary, allow a third party to operate, at Tenant’s sole cost, an exercise room and locker room at the Premises within the area shown on Exhibit G; (iv) install an emergency generator and pad sites adjacent to the Building within the area shown on Exhibit G, at Tenant’s sole expense, provided that the Centerra Design Review Committee shall review and approve such installation and that the installation is in compliance with the plans Millennium GDP Guidelines (“Tenant’s Generator”); and specifications for (v) install a pole mounted basketball hoop and backboard at the work. Parking Lot in a location to be mutually agreed upon by Landlord and Tenant. 12.5 Tenant shall also deliver to Landlord copies of any keep the Premises in as good order, condition, and all interim or progress certificates repair, as on the Commencement Date, loss by fire or other reports submitted by Tenant’s architectcasualty, engineer or contractorcondemnation and ordinary wear excepted. 12.6 All Alterations, including partitions, paneling, carpeting, and light fixtures affixed to the Premises and the drapes or other window coverings (cbut not including movable office furniture not attached to the Building) The Capital Improvements shall be made promptly, in are deemed a first-class part of the real estate and workmanlike manner, in compliance with all Requirements the property of Landlord and shall not lessen remain upon and be surrendered with the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than fifteen (15) days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of such Alterations, and in such event, Tenant shall at Tenant’s execution expense promptly remove the Alterations specified and delivery of any instrument transferring title theretorestore the Premises to their prior condition, reasonable wear and tear excepted. Notwithstanding the foregoingforegoing or any provision to the contrary contained herein, (i) Tenant shall retain title to and be entitled to remove any movable office furniture, equipment and other personal property at the Premises (including, without limitation, projector screens, whiteboards, cubes, Tenant’s Generator, Tenant’s UPS equipment, and the HVAC equipment serving Tenant’s computer server room at the Premises), and (ii) Tenant shall not be required or permitted to remove from the Premises any portion of the Landlord’s Work, the Tenant’s Finish Work or the Alterations to the extent such improvements or portions thereof constitute standard and customary Class A general office improvements. In addition, Tenant covenants and agrees upon shall not be required to remove any improvements that Landlord designates (or is deemed to designate) as not requiring removal in accordance with Section 12.7 below. 12.7 At the time Tenant requests Landlord’s consent to any Alterations (including the Tenant’s Finish Work), Tenant may request that Landlord designate which elements of such Alterations must be removed pursuant to execute, acknowledge this Section 12 and deliver Landlord shall make that designation on the date Landlord gives Landlord’s consent to Landlord any instrument reasonably requested by Landlord to confirm such title, Alterations. If Tenant’s request is provided in accordance with the foregoing and if Landlord fails to so notify Tenant whether Tenant shall fail be required to remove the subject Alterations at the expiration or refuse to executeearlier termination of this Lease, and deliver any such instrument, it shall be deemed that Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nameshall not require the removal of the subject Alterations.

ALTERATIONS AND REPAIRS BY TENANT. 12.1 Tenant shall not replace, alter or repair make any alterations to the Premises or any part thereof or any during the Term, including installation of equipment or appurtenance thereto if machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage (collectively "Alterations") without in each instance first obtaining the cost thereof exceeds in written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. Landlord's consent or approval of the aggregate Twenty Thousand plans, specifications and No/100 Dollars working drawings for any Alterations shall not constitute any warranty or representation by Landlord ($20,000.00and shall not impose any liability on Landlord) (any such action being hereinafter referred as to as a “Capital Improvement”)their completeness, unless design sufficiency, or compliance with Applicable Laws. Tenant shall comply at its cost: pay all engineering and design costs incurred by Landlord as to all Alterations, obtain all governmental permits and approvals required, and cause all Alterations to be completed in compliance with the following requirements, which Applicable Laws and requirements of Landlord's insurance. All such work relating to Alterations shall be applicable performed in a good and workmanlike manner, using new materials and equipment at least equal in quality to all Capital Improvements: (a) the Initial Tenant shallFinish. All Alterations, before the commencement of the workrepair and maintenance work performed by Tenant shall be done at Tenant's expense by Landlord's employees or, obtain with Landlord’s 's prior consent and subject to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Landlord with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved any conditions imposed by Landlord, which plans and specifications by other persons requested by Tenant; however, if such work is not performed by Landlord's employees, Tenant shall also meet with Landlord’s approval, together with pay Landlord a supervisory fee (not to exceed 3% of the approval thereof by any governmental board, bureau or body then exercising jurisdiction over total cost of the Premises, which plans and specifications shall be and become Landlord’s sole and absolute property in the event that this Lease shall be terminated for any reason; (2Alterations involved) A fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory upon receipt of an invoice. If Landlord authorizes such persons to Landlord, providing for the erection, completion and terms of payment for all perform work, labor and materials necessary to perform the work within the fixed price provided for in such contract; (3) An assignment Tenant shall deliver to Landlord of such contract, duly executed and acknowledged by Tenant, to be effective upon any termination of this Lease or upon Landlord’s re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4) At Landlord’s specific request, a surety company completion bond, in form and from an insurer satisfactory to Landlord, commencement certificates issued by an insurer licensed insurance companies qualified to do business in the State state in which the Premises are located, guaranteeing the full completion of the work evidencing that worker's compensation, public liability insurance, and payment therefor within a reasonable timeproperty damage insurance (in amounts, free with companies and clear of all mechanics’ or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Landlord, or other security on forms satisfactory to Landlord, ) are in Landlord’s sole discretion. (b) Tenant shall (1) at its expense carry or cause force and maintained by all contractors and subcontractors engaged to be carried the necessary worker’s compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure all necessary permits from all governmental agencies and departments having jurisdiction in connection with perform such work. All liability policies shall name Landlord, Building Manager, and Mortgagee as additional insureds. Each certificate shall provide that the insurance may not be canceled or modified without 10 days' prior written notice to Landlord and Mortgagee. Landlord also has the right to post notices in the Premises in locations designated by Landlord stating that Landlord is not responsible for payment for such work and containing such other information as Landlord deems necessary. All such work shall be performed in a manner which does not unreasonably interfere with Landlord or other tenants of the Building, or impose additional expense upon Landlord in the operation of the Building Complex. 12.2 Tenant shall deliver evidence keep the Premises in as good order, condition, and repair and in an orderly state, as on the Commencement Date, loss by fire or other casualty or ordinary wear excepted. 12.3 All Alterations, including partitions, paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture not attached to the Building and security and card key devices installed by Tenant at Tenant's sole cost that can be removed without damage to the Premises), are deemed a part of compliance the real estate and the property of Landlord and remain upon and be surrendered with the foregoing requirements to Landlord prior to the commencement of the work. Whenever requested by Landlord during the period of work, Tenant shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Landlord as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Tenant shall also deliver to Landlord copies of any and all interim or progress certificates or other reports submitted by Tenant’s architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Tenant, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Landlord’s sole property Premises at the end of the Term, whether by lapse of time or otherwise, unless Landlord notifies Tenant no later than 15 days prior to the end of the Term without the necessity that it elects to have Tenant remove all or part of Tenant’s execution such Alterations, and delivery of any instrument transferring title thereto. Notwithstanding the foregoingin such event, Tenant covenants shall at Tenant's expense promptly remove the Alterations specified and agrees upon Landlord’s request restore the Premises to executeits prior condition, acknowledge reasonable wear and deliver to Landlord any instrument reasonably requested by Landlord to confirm such title, and if Tenant shall fail or refuse to execute, and deliver any such instrument, Landlord is hereby irrevocably appointed Tenant’s attorney-in-fact to execute, acknowledge and deliver such instrument in Tenant’s nametear excepted.