Common use of Base Building Improvements Clause in Contracts

Base Building Improvements. Lessor has constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "Base Building Improvements"). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating and air conditioning service stubbed out to the floor, including main supply air duct and heating hot water supply mains, (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications prepared and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee Delay.

Base Building Improvements. Lessor Subsequent to the Lease, Tenant has constructed requested that Landlord install an elevator in the Pod 5 Portion (as defined in the Lease) of the Premises. Landlord has agreed, using a contractor retained by Landlord pursuant to a guaranteed maximum price agreement to perform the work to install an elevator in the Pod 5 Portion of the Premises subject to the further terms and conditions set forth herein (the “Elevator Work”). The Elevator Work, in addition to the New Loading Dock and the Exterior Work, shall constitute part of the Base Building Improvements consisting under Section 1.2.1 of a parking facility and building shell and core Exhibit “D” attached to the Lease (collectively the "“Work Letter”). Accordingly, effective as of the Effective Date, all references to the “Base Building Improvements"). The building shell and core includes ” in the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating and air conditioning service stubbed out to the floor, including main supply air duct and heating hot water supply mains, (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings Lease (including the primary fire sprinkler system Work Letter) shall mean and alarms). Modification and connection refer to the fire safety system New Loading Dock, the Exterior Work and the Elevator Work. Landlord and Tenant hereby agree that Landlord will construct the Base Building Improvements in substantial accordance with the Approved Base Building Plans, which the parties hereto agree to be permit set dated March 29, 2021 prepared by CI Design, Inc. and [Linden Engineering Partners LLC] and attached as Exhibit “A” to this First Amendment, and otherwise in accordance with the Work Letter. For purposes of clarification, for the Premises, as occupied, shall be a part purposes of Section 1.6.1 of the Lessee ImprovementsWork Letter, Tenant hereby approves the Approved Base Building Plans as attached hereto. ThereafterHowever, Lessor shall furnish and install within Tenant's approval of the Premises those improvements and items Approved Base Building Plans (as attached hereto) does not imply Tenant's review of general construction (the "Lessee Improvements") shown on the plans and specifications prepared and approved by Lessor and Lessee pursuant to Section 2 below, in same for compliance with all codes, laws, or like matters; the parties agreeing that Landlord is responsible for causing the Approved Base Building Plans to comply with and the New Loading Dock, the Exterior Work and the Elevator Work to be constructed in accordance with applicable codes and regulationslaws in effect as of the date the building permit for the same is obtained. All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee Further, Tenant shall have the right to approve all subcontractor bid lists request and all bids received from Lessee's subcontractorsmake revisions to the Approved Base Building Plans in accordance with and subject to the terms set forth in Section 1.6.1 of the Work Letter. Any delay caused by such bid procedure shall be a Lessee DelayPrior to the Effective Date, Landlord submitted and Tenant approved the Construction Pricing Proposal attached as Exhibit “C” to this First Amendment.

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "“Base Building Improvements"”). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating ventilation and air conditioning service stubbed out to the floor, including main supply air duct duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mainsmains (Lessee’s HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Additionally, Lessor shall also furnish Lessee with the following items (Lessor shall warrant that the air conditioning systems furnished pursuant to item (i) and the safety alarm and communication system furnished pursuant to item (ii) shall be delivered to Lessee in good working order and condition, and in compliance with applicable governmental regulations, laws and codes in effect as of the date of such delivery): i. Landlord shall furnish and operate an air conditioning ventilation system meeting requirements based upon occupant density of no more than one person per 150 sf of usable premises. The maximum lighting load of 1.5 wxxxx per sf of usable area within the Premises, and a maximum demand load of 2 wxxxx per sf of usable area within the Premises for Tenant’s power requirements. Inside space conditions of no greater than 74 plus or minus 2 degrees Fahrenheit during the cooling mode and no less than 70 degrees plus or minus 2 degrees Fahrenheit during the heating mode. Landlord shall balance the existing system and adjust the existing system/replace equipment as required to maintain the above Temperature Standard in Tenant’s Premises. Tenant shall provide supplemental HVAC to alleviate any excess heat load caused by over-standard uses (if any) to be defined in the Lease. ii. Base Building Fire Protection and Fire/Life safety alarm and communication system shall be installed by Lessor according to building code at the commencement of the lease. iii. Landlord shall provide for the tenants use “Path of Travel” drawings for permitting purposes. i. Landlord shall provide “ADA toilet room” drawings for permitting purposes. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. ThereafterAny and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, Lessor state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively “Applicable Laws”) as a result of Lessee’s use of the Premises for other than Permitted Use and/or the construction by Lessee of the Lessee Improvements which are not typical office type improvements shall be a part of the Lessee Improvements. Lessee shall furnish and install within the Premises those improvements and items of general construction (the "“Lessee Improvements"”) shown on the plans and specifications diligently prepared by Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter Letter. Lessor warrants that the Building, the parking facilities and all exterior improvements, walkways, doors, doorways, lobbies, elevators, toilet rooms (including base building restrooms) and all common and public facilities are in compliance with all governmental regulations, ordinances and laws, including without limitation, laws pertaining to hazardous materials and the Americans With Disabilities Act existing at the date Lessor received a temporary certificate of occupancy for the Building, disregarding variances and grandfathered/grandmothered rights, and any state or local law of similar purpose, and shall be performed only indemnify Lessee against any claim, cost or expense arising out of such warranty not being true, including the cost of any remedial work undertaken by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee Delay.

Base Building Improvements. Lessor has constructed Prior to the Base Building Improvements consisting of a parking facility Commencement Date, Landlord, at Landlord's sole cost and building shell and core expense, shall cause the following work (collectively collectively, the "Base Building Improvements"). The building shell and core includes ) to be performed to the followingPremises: (ai) barerenovate alt restrooms in the Building, trowel finishedwhich renovation shall include new ceiling tiles, concrete slab floorsnew wall paper, new wood, louvered stall doors which run from the floor to the ceiling, new corian stall separators which shall run from floor to ceiling, new automatic faucets and new lights; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shaftsii); (c) primary heating, ventilating and air conditioning service stubbed out complete the repairs needed to the floorexisting heat pumps as set forth in items 1 – 4 in the report issued by Xxxxxx Mechanical, including main supply air duct and heating hot water supply mainsInc., dated April 16, 2012, attached hereto as Exhibit "D" (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements"Xxxxxx Report"); (eiii) main electrical panels replace all heat pumps requiring replacement (but in no event fewer than ten percent (10%) of the heat pumps in the Building as of the date of this Lease); (iv) replace the existing roof of the Building; (v) install a unisex restroom on each the second floor including breakers but no distributionof the Building, in accordance with the Americans with Disabilities Act, as in force and effect at the time of the work being performed ("ADA"), in the location on the second floor of the Building as set forth on the Tenant Construction Plans; and (fvi) primary distribution for replace two (2) cooling towers on the roof. The cost of performing the Base Building Improvements shall not be passed through to the Tenant as an Operating Cost. Landlord shall also equip the Premises with basic fire safety system and sprinkler systems and provide access to allow connection of fire and life safety devices as required by the applicable code for unoccupied buildings code. Landlord represents and warrants and covenants that on the Commencement Date the Premises (including with the primary fire sprinkler system and alarms). Modification and connection to exception of restrooms except the fire safety system for the Premises, as occupied, newly constructed restroom described above) shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications prepared and approved by Lessor and Lessee pursuant to Section 2 below, delivered in compliance with all applicable local, state and federal codes and regulationslaws, including the ADA. All Landlord will coordinate, at its sole cost and expense, the structural, mechanical, electrical and plumbing plans for the Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee DelayImprovements.

Base Building Improvements. Lessor has constructed A. Landlord agrees to construct the Base Building Improvements consisting of a parking facility and building shell and core (collectively so that the "Base Building Improvements"). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating and air conditioning service stubbed out to the floor, including main supply air duct and heating hot water supply mains, (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part size of the Lessee Improvements); Building (e) main electrical panels on exterior and each floor including breakers but no distribution; and (fplate) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on is consistent with the plans and specifications prepared and listed on Exhibit B attached hereto (subject to changes to the size of the Building approved by Lessor and Lessee pursuant to Section 2 belowTenant in writing, in compliance with all applicable codes advance [which approval shall not be unreasonably withheld, conditioned or delayed]). B. At Tenant's request, Landlord has agreed to incorporate the additional base building improvements generally described on Exhibit C attached hereto. Tenant acknowledges that the foregoing changes and regulations. All additions to the base building improvements will increase the costs thereof as shown on Exhibit C (collectively, the "Increased Base Building Improvements Costs") and Lessee Improvements may result in Tenant Delays with respect to those items where, under "Construction Delays," Exhibit C states "TBD" or "None Yet." The Increased Base Building Costs shall be constructed pursuant paid by Tenant as follows: first, the credit shown on Exhibit C shall be applied against the Increased Base Building Costs until such credit is exhausted; second, upon Tenant's written request, any portion of the Allowance that is not allocable to this the Work (as such capitalized terms are defined in the Work Letter Agreement) may be used to pay for the Increased Base Building Costs; and third, Tenant shall be performed only by Lessorpay to Landlord any unpaid Increased Base Building Costs for any item described on Exhibit C within 30 days after Landlord provides Tenant with a copy of the general contractor's contractorinvoice (or draw request) for such item. Lessee Any Tenant Delays shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractorseffect set forth in Paragraph 7 of the Work Letter Agreement. Any delay caused additional changes to the base building work desired by such bid procedure Tenant beyond those described on Exhibit C shall continue to be a Lessee Delaygoverned by Paragraph 8 of the Work Letter Agreement.

Base Building Improvements. Lessor has constructed Prior to the Commencement Date, Landlord, at Landlord’s sole cost and expense, shall cause the following work (collectively, the “Base Building Improvements”) to be performed to the Premises: (i) renovate all restrooms in the Building, which renovation shall include new ceiling tiles, new wall paper, new wood, louvered stall doors which run from the floor to the ceiling, new corian stall separators which shall run from floor to ceiling, new automatic faucets and new lights; (ii); complete the repairs needed to the existing heat pumps as set forth in items 1 — 4 in the report issued by Xxxxxx Mechanical, Inc., dated April 16, 2012, attached hereto as Exhibit “D” (the “Xxxxxx Report”); (iii) replace all heat pumps requiring replacement (but in no event fewer than ten percent (10%) of the heat pumps in the Building as of the date of this Lease); (iv) replace the existing roof of the Building; (v) install a unisex restroom on the second floor of the Building, in accordance with the Americans with Disabilities Act, as in force and effect at the time of the work being performed (“ADA”), in the location on the second floor of the Building as set forth on the Tenant Construction Plans; and (vi) replace two (2) cooling towers on the roof. The cost of performing the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "Base Building Improvements"). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating and air conditioning service stubbed out shall not be passed through to the floor, including main supply air duct Tenant as an Operating Cost. Landlord shall also equip the Premises with basic fire safety and heating hot water supply mains, sprinkler systems and provide access to allow connection of fire and life safety devices as required by the applicable code. Landlord represents and warrants and covenants that on the Commencement Date the Premises (dwith the exception of restrooms except the newly constructed restroom described above) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications prepared and approved by Lessor and Lessee pursuant to Section 2 below, delivered in compliance with all applicable local, state and federal codes and regulationslaws, including the ADA. All Landlord will coordinate, at its sole cost and expense, the structural, mechanical, electrical and plumbing plans for the Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee DelayImprovements.

Base Building Improvements. Landlord shall be responsible for -------------------------- constructing the Base Building Improvements, at its sole cost and expense, in conformance with all applicable laws, regulations, building codes and the requirements of all permits or licenses issued with respect to such work. Subject to unavoidable delays, or delays caused in whole or in part by Tenant or as otherwise necessitated by Tenant's construction schedule for the Tenant Improvements, Lessor has constructed shall use commercially reasonable efforts to commence the Base Building Improvements consisting contemporaneously with commencement of a parking facility the Tenant Improvements. Landlord shall diligently and building shell and core (collectively continuously pursue the construction of the Base Building Improvements from the date of its commencement through its completion. For purposes hereof, the term "Base Building Improvements"). The building shell and core includes " shall mean (i) upgrading the following: (a) bare, trowel finished, concrete slab floors; (b) finished core common area, including elevators the restrooms, on the Fifth Floor of the South Tower of Building to meet the current Uniform Building Code, ADA, Title 24 and other applicable life-safety code requirements to the extent required by the building permit for the Tenant Improvements, (ii) installation of demising walls as delineated on Exhibit A (excluding the finish --------- of said walls on the interior of the Premises), and (iii) modification of the common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; corridor walls (c) primary heating, ventilating and air conditioning service stubbed out excluding the finish of said walls on the interior of the Premises). Notwithstanding anything to the floorcontrary contained herein or in the Lease, including main supply air duct and heating hot water supply mains, (d) primary fire sprinkler system in open floor plan configuration (any modification the obligation of Landlord to such sprinkler system for proceed with the Lessee shall be a part construction of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications prepared and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only suspended without further act of the parties during any such time as there exists default by Lessor's contractor. Lessee shall have Tenant under the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee DelayLease beyond any applicable cure periods.

Base Building Improvements. Lessor has constructed Tenant shall construct restrooms that comply with Applicable Laws based upon full occupancy of the Base Building Improvements consisting of a parking facility Premises for the Permitted Use. • Tenant shall either expand planned restrooms or construct additional restrooms • Tenant shall construct structural reinforcing for existing un-reinforced masonry walls where new glazing is installed • Tenant shall install structural framing at two (2) levels to support the existing high openings and building shell to create new lower openings • Tenant shall remove and core (collectively xxxxx the "Base Building Improvements"). The building shell existing glazing with new glazing infill • Tenant shall replace the existing presumed asbestos-containing material glazing with new similar quality fixed or double hung windows • Tenant shall replace the existing roof • Tenant shall make roof insulation and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core arearoof deck upgrades as required by Landlord • Tenant shall procure and install mechanical systems, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating and air conditioning service stubbed out to the floor, including main new supply air duct roof top units and heating VAV boxes with hot water supply mainsreheat coil and loop • Such system shall include an air-cooled chiller, two (d2) primary AHUs sized to support future lab occupancy, exhaust fans, reheat boiler, VAVs, and distribution ductwork and piping • Tenant shall install fire sprinkler protection water service located within the Building • Tenant shall construct the electrical system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements including all branch circuitry and items panels for lighting, low voltage and outlets • Tenant shall modify the existing floor slab to establish a “flat” floor service to support a typical laboratory program • Tenant shall install stand-by power and all permitting associated with installing a pad or roof mounted generator, including electrical distribution and gas service • Tenant shall perform site work, including excavation and backfill for generator pad, conduits, foundation penetration for conduits and associated landscape work • Tenant shall perform demolition and Building preparation, which shall include removal of general construction existing abandoned equipment, selective demolition of masonry walls as required, demolition of windows for replacement, and saw cutting the concrete slab for underground plumbing work • Tenant shall procure and install concrete, including material for slab-on-grade infill at plumbing trenches, infill of existing under-floor openings, mechanical housekeeping pads, stand-by generator pad, and slab repair (plus flooring preparation). • Tenant shall perform masonry, including repointing of masonry walls and exterior face brick, shear wall reinforcing, infill of existing high-bay windows and masonry wall reinforcing • Tenant shall procure and install structural steel and miscellaneous metals, including structural steel for support of rooftop equipment and roof reinforcement to meet Applicable Laws • Tenant shall construct thermal and moisture protections, including removal and replacement of the roof system and edge flashing and flashing for new roof penetrations. Additionally, a Tenant shall construct full-height gypsum wall board system around the interior perimeter of the Building, including metal studs, insulation, and a vapor barrier to meet Applicable Laws and applicable energy codes. • Tenant shall perform plumbing work, including sanitary waste, domestic water and natural gas distribution • Tenant shall replace existing overhead door at the loading area, loading dock plate and related accessories • Tenant shall construct new exterior entries and doors and new windows along the lower level of the east and west masonry walls THIS ACKNOWLEDGEMENT OF TERM COMMENCEMENT DATE AND TERM EXPIRATION DATE is entered into as of [ ], 20[ ], with reference to that certain Lease (the "Lessee Improvements"“Lease”) shown on the plans and specifications prepared and approved dated as of February 10, 2012, by Lessor and Lessee pursuant to Section 2 belowALNYLAM PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”), in compliance with all applicable codes and regulationsfavor of BMR-FRESH POND RESEARCH PARK LLC, a Delaware limited liability company (“Landlord”). All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee capitalized terms used herein without definition shall have the right meanings ascribed to approve all subcontractor bid lists and all bids received from Lessee's subcontractorsthem in the Lease. Any delay caused by such bid procedure shall be a Lessee Delay.Tenant hereby confirms the following:

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "Base Building Improvements"). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating ventilation and air conditioning service stubbed out to the floor, including main supply air duct duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mainsmains (Lessee's HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor's operating requirements and use only a proportionate share of the Building system's capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system within the Premises for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification Any and connection all modifications to the fire safety system for Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively, "Laws") to the Premisesextent caused by Lessee's use of, and/or the construction of the Lessee Improvements (as occupieddefined in Section 1.2 below) within, the Premises shall be a part of the Lessee Improvements. Thereafter, Lessor shall furnish and install within the Premises those improvements and items of general construction (the "Lessee Improvements") shown on the plans and specifications diligently prepared by Lessor and Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee DelayLetter.

Base Building Improvements. Lessor has constructed and Lessee hereby accepts as constructed the Base Building Improvements consisting of a parking facility and building shell and core (collectively the "“Base Building Improvements"”). The building shell and core includes the following: (a) bare, trowel finished, concrete slab floors; (b) finished core area, including elevators and common area elevator lobbies, toilet rooms, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary heating, ventilating ventilation and air conditioning service stubbed out to the floor, including main supply air duct duct, base building digital control system (where applicable) for the HVAC and heating hot water supply mainsmains (Lessee’s HVAC improvements to the Premises shall properly and without special requirements, interface and integrate with the Base Building HVAC and its Direct Digital Control System. Such interface and integration, as well as the design of the HVAC system for the Premises, including the distribution thereof shall be consistent and compatible with Lessor’s operating requirements and use only a proportionate share of the Building system’s capacity); (d) primary fire sprinkler system in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part of the Lessee Improvements); (e) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Lessor, at Lessor’s sole cost and expense, shall also provide Lessee with a glass door entry per Lessor’s design, dimension and specification shown on the drawing attached hereto as Exhibit “C-5”. Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Any and all modifications to the Base Building Improvements mandated or otherwise required by application and/or interpretation of any federal, state, local or other applicable governmental statutes, ordinances, codes, rules, regulations, controls or guidelines (collectively, “Laws”) as a result of Lessee’s use of, and/or the construction of the Lessee Improvements (as defined in Section 1.2 below) within, the Premises shall be a part of the Lessee Improvements. Thereafter, Lessor Lessee shall furnish and install within the Premises those improvements and items of general construction (the "“Lessee Improvements"”) shown on the plans and specifications diligently prepared by Lessee and approved by Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. No portion or element of the Lessee Improvements in the sole judgment of Lessor, shall in any way be in conflict with or adversely impact the Building or any of its systems. All Base Building Improvements and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee DelayLetter.

Base Building Improvements. References in this Section are made to that certain Letter from Xxxx Engineering to Xxxxxx International dated September 25, 2006 as responded to by Lessor has constructed on October 18, 2006, a copy of which is set forth on Exhibit D attached hereto (with Lessor’s response, the “Base Building Improvements consisting of a parking facility and building shell and core Letter”). Lessor shall, at its cost, provide the following improvements (collectively collectively, the "“Base Building Improvements"”): (1) at the election of Lessee (the actual date Lessee notifies Lessor of such election is referred to herein as the “Election Date”). The building shell and core includes , Lessor shall provide one of the following: (a) bare, trowel finished, concrete slab floors; the HVAC upgrades specified in Section 2.3 of the Base Building Improvements Letter (the “HVAC Upgrades”) or (b) finished core areain lieu of completing the HVAC Upgrades, including elevators and common area elevator lobbiesan HVAC improvement allowance in the amount of $10.00 per USF (the “HVAC Upgrade Allowance”), toilet roomswhich HVAC Upgrade Allowance may be used in Lessee’s sole discretion; provided that if Lessee makes or causes others to make any alterations, electrical rooms, telephone rooms, janitorial closets, exit stairs and mechanical shafts; (c) primary modifications or improvements to the heating, ventilating and or air conditioning system in the Building or the Demised Premises (the “HVAC System”), Lessor’s consent shall be required for such alterations, modifications or improvements, which consent shall not be unreasonably withheld or delayed. Lessee shall notify Lessor of its election pursuant to this Subsection 19(A)(1) on or prior to June 1, 2009; and (2) the electrical upgrades specified in Section 2.4 of the Base Building Improvements Letter; except that Lessor has completed the new electrical service stubbed out (the so-called new 3000 amp service) to the floor, including main supply air duct and heating hot water supply mains, (d) primary fire sprinkler system Demised Premises as described in open floor plan configuration (any modification to such sprinkler system for the Lessee shall be a part Section 2.4 of the Base Building Improvements Letter and per a letter from Lessee Improvements); (edated August 22, 2007, Lessee has acknowledged its acceptance of Lessor’s completion of such work. If Lessee elects for Lessor to complete the HVAC Upgrades in accordance with Subsection 19(A)(1) main electrical panels on each floor including breakers but no distribution; and (f) primary distribution for the fire safety system required by applicable code for unoccupied buildings (including the primary fire sprinkler system and alarms). Modification and connection to the fire safety system for the Premises, as occupied, shall be a part of the Lessee Improvements. Thereafterabove, Lessor shall furnish and install complete such HVAC Upgrades within twelve (12) months after the Premises those improvements and items last to occur of general construction (the "“Base Building Completion Date”): (a) the date Lessee Improvements"delivers to Lessor the Plans and Specifications (as defined in Subsection 19(B) shown on below) and (b) the plans and specifications prepared and approved by Election Date. Lessor and Lessee pursuant to Section 2 below, in compliance with all applicable codes and regulations. All shall complete the portion of the Base Building Improvements described in Subsection 19(A)(2) above on or before the Base Building Completion Date. Except for any Base Building Improvements that Lessor is required to complete in accordance with this Section 19(A), Lessor shall have no obligation to provide any improvements to the Demised Premises or the Building. If Lessee elects to receive the HVAC Upgrade Allowance in accordance with Subsection 19(A)(1) above, Lessor shall not be required to complete any of the HVAC Upgrades. By moving into the Demised Premises or taking possession thereof, Lessee accepts the Demised Premises as suitable for the purposes of which the same are leased and accepts the Building and each and every appurtenance thereof, and Lessee Improvements shall be constructed pursuant to this Work Letter and shall be performed only by Lessor's contractor. Lessee shall have the right to approve all subcontractor bid lists said acts waives any and all bids received from Lessee's subcontractors. Any delay caused by such bid procedure shall be a Lessee Delaydefects therein, except for latent defects.