Common use of By Tenant Clause in Contracts

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

By Tenant. This Paragraph Except as expressly provided in Section 6.1 does not relate and subject to any express or implied warranties of construction or condition by Landlord, Tenant agrees, at the Tenant expense of Tenant, to maintain the Premises, including the Real Property, the Building and the other Improvements installed in accordance with (including parking areas, driveways and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approvedlandscaping), in writing, the plans good condition and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during repair throughout the Term of this Lease. Tenant’s Except as expressly provided in Section 6.1, Tenant shall be responsible for repair of the roof, including taking all customary, reasonable and necessary actions required under any warranty applicable to the roof in order to maintain the warranty in full force and effect. If Tenant fails to take the customary, reasonable and necessary actions to keep the warranty in effect, Tenant shall be responsible for any replacement of the roof that would have been covered by the warranty. Notwithstanding the foregoing, if any item for which Tenant otherwise is responsible needs repair and such item cannot be repaired other than at a cost which is in excess of fifty percent (50%) of the cost of replacing such item, then Tenant shall have the right to replace such item (the “Replacement Standard”). Prior to commencing such replacement, Tenant shall provide Landlord with written notice and documentation confirming such cost. Landlord may object to such replacement only in writing. If the Landlord so objects in writing within ten (10) Business Days of receipt of such notice to the replacement, the parties agree that Tenant may nonetheless replace the item and that arbitration shall constitute the exclusive remedy for settlement of any such dispute. The cost of any such replacement shall be prorated between Landlord and Tenant based upon the useful life of the replaced item, with Tenant responsible for the useful life of the item during the term of the Lease unless the arbitrator determines that, based on the Replacement Standard, Tenant should have repaired such item rather than replacing it. Within ten (10) Business Days of a written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of from Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed obligated to have made reimburse Tenant, for the election at cost of the time replaced item times a fraction the alterations, modifications numerator of which is the useful life of such replaced item less the remaining Term of this Lease and the denominator of which is the useful life of such replaced item. If either Landlord or improvements were completed); provided, however, with respect Tenant desires to Tenant’s initial alterations and improvements to be made exercise its arbitration right pursuant to and in accordance with the Work Letterpreceding paragraph, Landlord such party shall elect whether such item is a Non-Standard Improvement and whether deliver written demand for arbitration to require removal at the time such work is approvedother party, even if Tenant does not make setting out the foregoing written requestbasis for the controversy. All such modifications, alterations or improvements, once so approved, Any arbitration proceeding undertaken pursuant to this paragraph shall be madeheld in front of a retired judge working with JAMS or, constructed if JAMS no longer exists, another similar group, or installed if no such groups exists, a single neutral arbitrator shall be chosen by Tenant at mutual agreement or, if the parties fail to agree, by the presiding judge of the San Diego Superior Court upon ex parte application. The arbitration shall take place in San Diego, California. The decision of the arbitrator shall be conclusive, final and binding upon Landlord and Tenant’s expense . Judgment upon the decision of the arbitrator may be entered in any court of competent jurisdiction. The cost of such arbitration (including all permit any attorneys’ fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant incurred therein) shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence borne by the making of any such modifications or alterations or losing party as determined by the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likearbitrator.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenantmay, without Landlord’s prior written consent, but upon not less than ten (10) business days’ assign this Lease or sublet the Leased Premises in whole or in part, or license the use of any portion thereof, all of which shall require the Landlord’s prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations consent (including removal and rearrangement of prior alterations) which (a) do consent shall not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Leasebe unreasonably withheld). Upon Tenant’s written request shall also contain a request for Landlord’s consent, Tenant shall deliver to Landlord to elect whether a copy of such sublease or assignment. Notwithstanding any assignment or subletting, Tenant shall remain fully and primarily liable hereunder and shall not it will require Tenant to remove be released from performing any of the subject alterations, modifications or improvements at the expiration or earlier termination terms and covenants of this Lease. If such additional request is not includedTenant shall assign or transfer its interest in this Lease or sublet all or a portion of the Leased Premises for rent, Landlord may make such election at charges and/or other consideration (which shall include the expiration assumption by the proposed assignee or earlier termination subtenant of the obligation of Tenant to pay rent hereunder) which in the aggregate are in excess of the Rent due and payable by Tenant under the provisions of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 aboveLease, Landlord said excess shall be deemed paid to have made Landlord promptly upon receipt thereof by Tenant. In the election at case of any subletting of less than the time the alterationsentire Leased Premises, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, rent payable hereunder shall be madeapportioned, constructed or installed by Tenant at Tenant’s expense (including all permit fees on a rentable square footage basis, between the portion of the Premises so sublet and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls remaining portion of the Leased Premises, and if the rent, charges and other consideration paid in connection with such subletting shall be in excess of the amount of rent so apportioned to the portion of the Leased Premises so sublet, said excess shall be paid to Landlord promptly upon receipt thereof by Tenant. As used in Further, if Tenant assigns this Article, Lease or sublets a portion of the term “modifications, alterations and/or improvements” shall include, without limitation, Leased Premises to a person or entity who does not use the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, Leased Premises or the likesublet portion thereof primarily as either a retail store facility or as a general office use, then the reserved parking spaces as set forth in Section 4(c) hereof shall be reduced (in the amount of 5 spaces for every 1,000 square feet of space which is not being used for retail or general office space) and such reduced spaces shall thereafter become non-exclusive general parking spaces to be utilized on a first come, first serve basis in conjunction with the general parking lot of the Property.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Non-Standard Office Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements Non-Standard Office Improvements which affect the Building structure façade, structure, or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without . Landlord’s prior written consentapproval shall, but upon not less than ten (10) business days’ prior written notice to Landlordif applicable, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord Landlord’s election to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements Non-Standard Office Improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord which event Tenant shall be deemed obligated to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written requestdo so. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by LandlordLandlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or (except the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased PremisesExclusive Use Common Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent, shall be permitted to make alterations to the Leased Premises which are not Non-Standard Office Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, and (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s 's reasonable discretion; provided, however, . It is agreed that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request it shall also contain a request be reasonable for Landlord to elect whether or not it will require Tenant to remove the subject all or any portion of such alterations, modifications or improvements at the expiration or earlier termination end of this Lease. If the Lease Term and to fully restore the Leased Premises, provided that Landlord notifies Tenant of such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election requirements at the time Landlord grants its approval of the alterations, modifications modifications, or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written requestimprovements. All such modificationsalterations, alterations modifications or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five fifteen (515) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations alternations or improvements whatsoever to the Common Outside Areas or the exterior or structural components of the Building 4 including, without limitation, any cuts or penetrations in the floor, roof, roof or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “"modifications, alterations alternations and/or improvements” " shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $10,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (d) Tenant shall, upon Landlord's request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition prior to such alteration.

By Tenant. This Paragraph 6.1 does not relate Throughout the Term, except for the Landlord’s maintenance, replacement, and repair obligations specified in this Lease Tenant shall maintain the Leased Premises in a clean, safe, and operable condition, loss or damage caused by the elements or Landlord and/or any party related thereto, wear and tear, condemnation, and fire and other casualty excepted, and at the termination of this Lease, or Tenant’s right to possession, Tenant shall return the Leased Premises to Landlord in broom-clean condition. To the extent Tenant Improvements installed in accordance with and pursuant fails to perform either obligation within 15 days after the Work LetterTenant’s receipt of Landlord’s written request specifying the maintenance and/or cleaning Landlord is requesting, Landlord may, but need not, restore the Leased Premises to alterations, modifications, such condition and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make pay the reasonable cost thereof. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition any alterations air conditioning unit exclusively serving Tenant’s computer server room. With respect to or modifications any portion of the Leased Premises or construct visible from any improvements within common area inside the Building (the “Visible Leased Premises”). Tenant shall (i) maintain such Visible Leased Premises until Landlord shall have first approvedand furniture, fixtures and equipment located therein in writinga neat and first-class condition throughout the Term and any extension thereof, (ii) not use the plans and specifications thereforVisible Leased Premises exclusively for storage, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without (iii) obtain Landlord’s prior written consent, but upon which shall not less than ten (10) business days’ prior written notice be unreasonably withheld or delayed, as to Landlordthe interior paint color, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal signage, and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or carpeting, contained in the PropertyVisible Leased Premises, (biv) do not involve or affect complete within the structural integrity or Visible Leased Premises any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alterationcleaning reasonably requested by Landlord within two business days after Landlord’s written request therefor, and (ev) do not exceed $1,000,000 in complete within the aggregate over Visible Leased Premises any 36-month period during the Term of repairs necessary to fulfill Tenant’s obligations under this Lease. TenantLease within five business days after Landlord’s written request therefor specifying the repair Landlord is requesting and thereafter diligently pursue the same to completion, but no longer than 30 days. Tenant shall also contain a request for repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by Tenant or its employees, agents, or invitees unless the cost of said repair or replacement is otherwise covered by Landlord’s insurance or would have been covered by Landlord’s insurance had Landlord to elect whether or not it will require Tenant to remove obtained and maintained the subject alterations, modifications or improvements at the expiration or earlier termination of insurance required in this Lease. If such additional request the repair or replacement is not includedsubject to Landlord’s insurance as specified in the preceding sentence, and Tenant fails to commence to make such repairs or replacements within 15 days after (i) the occurrence of such damage, and (ii) Tenant’s receipt of written notice from Landlord specifying the repair(s) or replacement(s) Landlord is requesting, and thereafter diligently pursue the completion thereof (or, in the case of a bona fide emergency, such shorter period of time as is reasonable given the circumstances, which emergency and shorter period will be specified in Landlord’s written notice to Tenant specifying the repair(s) or replacement(s) Landlord is requesting, then Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant same at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications thereforcost. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of If any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls damage occurs outside of the Leased Premises. As used , or if such damage occurs inside the Leased Premises but affects the Building’s Systems and/or Building’s structure or any other area outside the Leased Premises, and the repair or replacement related to such damage is not subject to Landlord’s insurance coverage as specified above in this Articleparagraph, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section, in each case plus an administrative fee of 6 % of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor. Tenant’s obligations to repair and/or maintain contained in this paragraph shall be limited to the term “modificationsinterior of the Leased Premises, alterations and/or improvements” and shall includein no event include any structural elements, any building systems (including without limitationlimitation plumbing systems, sprinkler systems, and HVAC ducts), regular wear and tear or casualty loss to the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeextent that they are to be insured by property insurance specified to be carried by Landlord in this Lease.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building 2 structure or materially affect the Building 2 systems, and otherwise such approval may shall not be withheld in Landlord’s reasonable discretion; providedunreasonably withheld, however, that Tenant, without Landlord’s prior written consent, but upon not less than conditioned or delayed. In the event Landlord fails to respond to any such request within ten (10) days, then Tenant may resubmit the request to Landlord with a cover letter stating “LANDLORD’S FAILURE TO RESPOND WITHIN FIVE (5) BUSINESS DAYS SHALL RESULT IN THE DEEMED CONSENT TO SUCH ALTERATION” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to such second request by the date which is five (5) business days’ prior written notice days following the second notice, then Landlord shall be deemed to Landlord, may make “Non-Consent Alterations,” defined herein have approved such alterations and to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems have waived its right to require such Alteration to be removed upon the expiration or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term earlier termination of this Lease. Tenant’s written request shall also contain a request for Landlord to identify any Non-Standard Office Improvements and elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements such Non-Standard Office Improvements at the expiration or earlier termination of this Lease. If such additional request is not includedincluded by Tenant, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided. As used herein, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a “Non-Standard Improvement Office Improvements” shall mean alterations, modifications, and whether improvements that (i) affect the Building 2 structure, (ii) are other than typical leasehold improvements for office tenants in Building 2 or in buildings similar to require removal at Building 2 in the time area in which the Property is located, or (iii) in Landlord’s reasonable judgment would materially increase Landlord’s cost of preparing the Premises for another tenant (such work is approvedas, even if Tenant does not make the foregoing written requestwithout limitation, interior staircases). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent, shall Tenant be permitted to make any modification, non-structural alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Leased Premises which do not affect Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of systems and are not visible from outside the Leased Premises. As used , provided that (a) such alterations do not exceed $100,000 individually or in this Articlea series of related projects, (b) Tenant shall timely provide Landlord the term notice required pursuant to Paragraph 4.9 above, (c) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, and (d) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “modifications, as built” or marked to show construction changes made; such alterations and/or improvements” shall include, without limitation, complying with the installation foregoing conditions need not be removed by Tenant at the expiration of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeLease Term.

By Tenant. This Paragraph 6.1 does If any Rent is in arrears for a period of ten (10) days after a written notice from Landlord to Tenant, or if Tenant shall fail at any time to keep or perform any of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot relate reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon 75 <PAGE> giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term of this Lease, and Tenant covenants and agrees to make good to the Tenant Improvements installed in accordance with and pursuant to Landlord any deficiency arising from a re-entry and/or a reletting of the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completedPremises at a lesser rental than herein agreed. The Tenant shall not make any alterations to or modifications of pay such deficiency each month as the Leased Premises or construct any improvements within amount thereof is ascertained by the Leased Premises until Landlord. Landlord shall have first approved, in writing, an affirmative obligation to use its best efforts to relet the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modificationsPremises or any portion of such Premises, and improvements which affect Tenant shall pay the Building structure cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or materially affect Building systems, and otherwise such approval may election by Landlord hereunder shall be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consentdeemed exclusive, but upon not less shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlordlate, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in pay Landlord interest on such late payment at an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to interest rate of two percent (2%) above the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likePrime Rate.

By Tenant. This Paragraph 6.1 does not relate Tenant shall be responsible to perform all maintenance and repairs to the Tenant Improvements installed in accordance with Premises that are not Landlord’s express responsibility under this Lease, at Tenant’s sole cost and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completedexpense. Tenant shall not make any alterations to or modifications of keep the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approvedin good condition and repair, in writing, the plans ordinary wear and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Leasetear excepted. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal repair obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the installation interior side of additional electrical outletsdemising walls; (5) electronic, overhead lighting phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, drainsequipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, sinkssuch approval not to be unreasonably withheld, partitions, doorwaysall at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the likearea to be repaired is visible from the exterior of the Building), or, if Tenant fails to commence a cure and diligently pursue a cure to completion if the cure cannot be completed within said thirty (30) day period, then Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice. However, notwithstanding the foregoing, Tenant shall not be liable for any failure to make repairs or to perform any maintenance hereunder unless such failure shall persist for longer than a commercially reasonable time after Tenant’s receipt of written notice from Landlord requesting such repairs or maintenance. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole risk of Tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action.

By Tenant. This Paragraph 6.1 does not relate VI.2.1 Upon receipt of Landlord's prior written approval, Tenant may from time to time, at its own expense, alter, renovate or improve the Tenant Improvements installed interior of the Premises provided the same be performed in a good and workmanlike manner, in accordance with accepted building practices and pursuant so as not to weaken or impair the Work Letterstrength or lessen the value of the Building in which the Premises are located. No changes, but alterations or improvements affecting the exterior of the Premises or the Building or the Building systems shall be made by Tenant without the prior written approval of Landlord, which may be unreasonably withheld. Any work done by Tenant under the provisions of this Section shall not interfere with the use by the other tenants of their premises in the Building. Tenant also agrees to pay 100% of any increase in the Real Estate Taxes or Landlord's Personal Property Taxes resulting from such improvements by or for Tenant. VI.2.2 All alterations, modificationsdecorations, additions and improvements made after by Tenant, or made by Landlord on Tenant's behalf as provided in this Lease, shall remain the date property of Tenant for the Tenant Improvements are substantially completed. Lease Term or any extension or renewal thereof, but they shall not be removed from the Premises without the prior written consent of Landlord. VI.2.3 Upon obtaining the prior written consent of Landlord, Tenant shall not make remove such alterations, decorations, additions and improvements and restore the Premises as provided in Section VI.5, and if Tenant fails to do so and moves from the Premises, all such alterations, decorations, additions and improvements shall become the property of Landlord, who may charge Tenant for storing or disposing of any alterations or all of such property. Landlord hereby agrees that if Tenant requests in writing prior to the installation of any alterations, improvements or modifications additions that Landlord specify whether it will require the removal of the Leased Premises alterations, improvements or construct any improvements within the Leased Premises until additions upon termination or expiration of this Lease. Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than so specify within ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. days after Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease's request. If Landlord fails to respond to such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 abovea request, Landlord shall be deemed to have made not required the election at the time removal of the alterations, modifications improvements or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with additions upon the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations termination or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials expiration of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeLease.

By Tenant. This Paragraph 6.1 does not relate Tenant shall be entitled to make improvements, alterations or modifications (collectively, "Alterations") to the Removable Tenant Improvements installed without Landlord's consent, provided that: (1) Tenant shall notify Landlord and provide copies of plans and specifications for an Alteration no less than ten (10) days prior to commencing such Alteration, (2) Tenant shall notify Landlord in accordance with writing within thirty (30) days of completion of the Alteration and pursuant deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, (3) Tenant shall remove the Alteration at the termination of the Lease and repair any damage to the Work Letter, but to alterations, modificationsLeased Premises caused by their removal, and improvements made after (4) no such Alteration shall impact or otherwise affect the date exterior or structural components of the Tenant Improvements are substantially completedBuildings. Subject to Paragraph 6.1(a), Tenant shall not make any alterations Alterations to or modifications of the Leased Premises or construct any improvements within Property (other than to the Leased Premises Removable Tenant Improvements) until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s 's reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s 's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements Alteration at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s 's removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were Alteration was completed); provided, however, with respect to Tenant’s initial alterations and improvements to . In no event shall Tenant be made pursuant to and in accordance with allowed make any Alteration that will impact or otherwise affect the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at exterior or structural components of the time such work is approved, even if Tenant does not make the foregoing written requestBuildings. All such modifications, alterations or improvementsAlterations, once so approvedapproved (if approval is required pursuant to the terms hereof), shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements Alterations until (i1) any and all required governmental approvals and permits shall have been obtained, (ii2) all requirements regarding insurance imposed by this Lease have been satisfied, (iii3) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv4) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may not be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written requestunreasonably withheld. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 99 and (v) with respect to any alteration or modification that affect Building Systems, Tenant shall first obtain approval from Landlord’s designated engineer for the affected Building System. Tenant shall pay to Landlord, within thirty (30) days of demand therefor an administrative fee in connection with any alterations or modifications in the Leased Premises in an amount equal to the greater of (x) 3% of the total cost of such alterations or modifications or (y) $250. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Outside Areas or the exterior or structural components of the Building 4 including, without limitation, any cuts or penetrations in the floor, roof, roof or exterior or load-bearing walls of the Leased PremisesPremises without Landlord’s prior written consent, which may be granted or withheld in Landlord’s sole discretion (collectively, “Prohibited Alterations”). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent, shall be permitted to make alterations other than Prohibited Alterations to the Building, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to subparagraph (iii) above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition prior to such alteration. Landlord shall render a decision, at the time that request is made by Tenant for approval of an alteration or upon notification of an alteration not requiring Landlord’s consent, whether such alteration can remain or if such alteration must be removed at the expiration or sooner termination of the Lease Term.

By Tenant. This Paragraph 6.1 does not relate Tenant shall make no structural alterations, additions, or improvements to the Tenant Improvements installed in accordance with and pursuant to the Work LetterLeased Premises, but to or any non-structural alterations, modifications, and additions or improvements made after which adversely affect or interfere with the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to operating or modifications mechanical systems of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenantbuilding, without obtaining Landlord’s prior written consent, but upon which shall not less than ten be unreasonably withheld, conditioned or delayed. As a condition of granting its consent, Landlord may require Tenant to provide Landlord with all plans and specifications for the proposed alterations and with all agreements with proposed contractors and subcontractors (10) business days’ all of which shall be subject to Landlord’s prior written notice to Landlordconsent, may make “Non-Consent Alterations,” defined herein to mean alterations which shall not be unreasonably withheld). All such alterations, additions, and improvements shall be at Tenant’s sole expense and shall be performed by qualified contractors and subcontractors. Tenant shall indemnify Landlord against all claims, demands, costs and expenses (including removal reasonable attorneys fees), damages and rearrangement liabilities arising from or relating to the construction, installation, use or operation of prior any such alterations, additions or improvements made by or on behalf of Tenant, and against the imposition of mechanics’ or materialmen’s liens resulting from work performed by Tenant’s contractors. All improvements, additions, and alterations to the Leased Premises (except trade fixtures) shall become the property of Landlord and shall be surrendered up to Landlord upon the expiration of this Lease unless otherwise agreed by Landlord and Tenant. Landlord acknowledges that all conveyors, trade fixtures and warehousing equipment and racking are the property of Tenant. Prior to Tenant performing any alterations to the Leased Premises for which (a) do not adversely affect any systems or equipment of Building 4 a lien could be filed against the Leased Premises or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, Tenant shall have its contractor execute and (e) do not exceed $1,000,000 file in the aggregate over any 36-month period during the Term appropriate public office a Waiver of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by LandlordMechanics’ Lien, in substantial compliance statutory form and provide Landlord with an original copy thereof. Tenant agrees that its alteration or improvement work in the Landlord-approved plans and specifications therefor. All work undertaken by Tenant Leased Premises shall not be done in accordance a manner which would create any work stoppage, picketing, labor disruption or dispute or any interference with all Laws and Restrictions and in a good and workmanlike manner using new materials the business of good quality. Tenant shall not commence the making of Landlord or any such modifications tenant or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls occupant of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeProperty.

By Tenant. This Paragraph Section 6.1 does shall not relate apply to the Initial Tenant Improvements installed in accordance with and pursuant to Improvement Work, which shall be governed exclusively by the Work Letter. Except as specifically set forth herein, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed by Landlord, except as to plans and specifications for Prohibited Alterations (as defined below), the approval of which may be withheld by Landlord in Landlord’s its sole discretion as to and absolute discretion. As used herein, "Prohibited Alterations" mean any alterations, modifications, and modifications or improvements which may affect the structural components of the Building structure or materially affect Building systems, the Systems and otherwise such approval Equipment or which can be seen from (or may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems area) outside the Premises. Landlord shall be deemed to have disapproved Tenant's proposed plans and specifications if neither Landlord's written approval or equipment disapproval is delivered to Tenant within fifteen (15) days following Landlord's receipt of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s 's written request shall also contain a request for Landlord to elect whether or not approval. Landlord's approval may state that it will require Tenant to remove the subject alterations, modifications or improvements at by the expiration or earlier termination of this Lease, in which event Tenant shall be obligated to remove the subject alterations, modifications or improvements by the expiration or earlier termination of this Lease. If such additional request is Landlord does not includedstate in its approval that removal will be required, Landlord may make such election shall be deemed to have elected to allow the subject alterations, modifications or improvements to remain on the Premises at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written requestLease. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first reasonably approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such alterations or modifications or alterations or the construction of any such improvements until (ia) any and all required governmental approvals and permits shall have been obtained, (iib) all requirements regarding insurance imposed by this Lease have been satisfied, (iiic) Tenant shall have given Landlord at least five three (53) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (ivd) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9, and (e) if requested by Landlord and Tenant is no longer Xxxxxxxx & Company, require Tenant to obtain a payment and performance bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such alterations (other than PreApproved Alterations) and naming Landlord as a co-obligee. In no event shall Tenant make any modificationalterations, alterations modifications or improvements whatsoever to the Common Areas or the exterior or structural components of the Building 4 including, without limitation, any cuts or penetrations in the floor, roof, floor or exterior or load-bearing walls of the Leased Premises. Any core drilling that Tenant desires to perform in connection with any alterations, modifications or improvements consented to by Landlord pursuant to this Section 6.1 shall be performed during other than Normal Business Hours. As used in this ArticleArticle 6, the term “modifications"alterations, alterations and/or modifications or improvements” " shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Promptly after completion of any alterations, modifications or improvements to the Premises, Tenant shall deliver to Landlord a reproducible copy of the "as built" drawings of the same, and if Landlord should request, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials used in the construction of such alterations, modifications or improvements. Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of any alterations, modifications or improvements to the Premises. All work performed by Tenant or any Tenant Party shall be performed so as not to interfere with (a) the other tenants, occupants or users of the Building (including Landlord) or their use or occupancy of the Building or Common Areas, or (b) the owners, tenants, occupants, or users of any neighboring properties. Tenant shall take all precautionary steps reasonably necessary to protect its property, equipment and facilities and the property, equipment and facilities of others affected by any of the work or activities to be performed by Tenant or any Tenant Party, and shall make adequate provision for the safety and convenience of the tenants, occupants or users of the Building (including Landlord). Notwithstanding the foregoing to the contrary, Landlord's prior consent shall not be required with respect to any interior alterations, modifications or improvements to the Premises (collectively, the "PreApproved Alterations") which (i) are not Prohibited Alterations, and (ii) cost less than seventy-five Thousand Dollars ($75,000.00) in the aggregate during any six (6) consecutive month period, so long as (A) Tenant delivers to Landlord notice and copies of all permits and final plans, specifications and working drawings (if any) for any such alterations, modifications or improvements at least five (5) business days prior to commencement of the work thereof, and (B) Tenant complies with the requirements of this Section 6.1 (other than obtaining Landlord's prior written consent).

By Tenant. This Paragraph 6.1 does If any Rent is in arrears for a period of ten (10) days after a written notice from Landlord to Tenant, or if Tenant shall fail at any time to keep or perform any of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot relate reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term of this Lease, and Tenant covenants and agrees to make good to the Tenant Improvements installed in accordance with and pursuant to Landlord any deficiency arising from a re-entry and/or a reletting of the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completedPremises at a lesser rental than herein agreed. The Tenant shall not make any alterations to or modifications of pay such deficiency each month as the Leased Premises or construct any improvements within amount thereof is ascertained by the Leased Premises until Landlord. Landlord shall have first approved, in writing, an affirmative obligation to use its best efforts to relet the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modificationsPremises or any portion of such Premises, and improvements which affect Tenant shall pay the Building structure cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or materially affect Building systems, and otherwise such approval may election by Landlord hereunder shall be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consentdeemed exclusive, but upon not less shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlordlate, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in pay Landlord interest on such late payment at an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to interest rate of two percent (2%) above the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likePrime Rate.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 3 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 43, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, Building 3 modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 3 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make If Landlord uses any alterations to or modifications portion of the Leased Premises or construct any improvements Security Deposit, Tenant shall, within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice after demand, restore the Security Deposit to its original amount. Landlord shall return any unapplied portion of its intention the Security Deposit to commence such work so Tenant within forty-five (45) days after the later to occur of the Termination Date or the date Tenant surrenders the Premises to Landlord in compliance with Article 25 (provided that Landlord may post retain therefrom Landlord’s reasonable estimate of the amount of Expense Excess and file notices Tax Excess (as those terms are defined in Exhibit B hereto) that would be payable by Tenant upon reconciliation of non-responsibilityaccounts for the year in which the Termination Date occurs, and which retained amount shall be accounted for when Landlord makes such reconciliation for such year). Landlord shall deliver the Security Deposit to a successor or transferee and, following such delivery, Landlord shall have no further liability for the return of the Security Deposit. Landlord shall not be required to keep the Security Deposit separate from its other accounts. Provided (ivi) that Tenant is not in Default (i.e., after notice thereof and expiration of the applicable cure period) of any of its obligations under this Lease on the effective date of any reduction (the “Effective Date of Reduction”) and (ii) that no notice of default is outstanding on the Effective Date of Reduction (i.e., notice has been given but the default has not been cured and the cure period has not expired) provided however that if requested by Landlorda notice of default is outstanding as of the Effective Date of Reduction, such reduction shall merely be deferred until the date such default is cured (as opposed to such reduction being forfeited), Landlord shall refund to Tenant such portion of the Security Deposit which it is then holding so as to cause the total Security Deposit to be reduced as of the Effective Date of Reduction to the amount shown in the following schedule: Effective Date of Reduction New Reduced Amount of Security Deposit September 1, 2018 $ 596,134.00 September 1, 2019 $ 298,067.00 Notwithstanding the foregoing, if Landlord has validly given a notice of monetary default to Tenant within the twelve (12) month period immediately preceding any Effective Date of Reduction (including any postponed Effective Date of Reduction), then such Effective Date of Reduction shall be postponed until the first day of the calendar month following the one year anniversary of the date on which Tenant cures such monetary default. If Tenant is in Default of its covenants and obligations under the Lease as of such Effective Date of Reduction, then there shall be no further reduction of the Security Deposit. If Tenant is entitled to a reduction in the Security Deposit, Tenant shall have obtained contingent liability and broad form builderthe right to provide Landlord with written notice requesting that the Security Deposit be reduced as provided above (the “Reduction Notice”). Landlord shall refund the applicable portion of the Security Deposit to Tenant within forty-five (45) days after the later to occur of (i) Landlord’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to receipt of the proposed work not covered by insurance carried by Tenant pursuant to Article 9Reduction Notice or (ii) the applicable Effective Date of Reduction. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or loadSecurity Deposit ever be less than Two Hundred Ninety-bearing walls Eight Thousand Sixty-Seven and 00/100 Dollars ($298,067.00). The balance of the Leased Premises. As used in this ArticleSecurity Deposit, (i.e., $298,067.00) shall continue to be held by Landlord throughout the term “modificationsTerm of the Lease, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeas it may be extended.

By Tenant. This Paragraph 6.1 does not relate In order to the be eligible for such partial disbursement, Tenant Improvements installed in accordance with and pursuant must submit to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require Lessor a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, sworn construction statement with respect to Tenant’s initial alterations all work through the thirtieth day of construction, proof that all work through the thirtieth day of construction has actually been paid for, and improvements lien waivers for all work through the thirtieth day of construction. In order to be made pursuant to and in accordance with the Work Lettereligible for reimbursement, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such all work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall must be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-Plans approved plans by Lessor and specifications therefor. All work undertaken by Tenant shall be done otherwise in accordance with the terms and conditions of this Lease. Provided that all Laws and Restrictions and of the foregoing conditions are satisfied, Lessor shall make the partial disbursement within fourteen business days after Tenant makes application to Lessor for the partial disbursement. The amount disbursed to Tenant upon final completion of the Tenant Improvements shall be reduced by the amount of any earlier partial disbursement. In the case of any failure of Lessor to make any payment due Tenant under this Section 13, if Lessor fails to pay the same within 10 days after written demand by Tenant to Lessor, Tenant shall have the right to deduct the amount past due from Lessor under this Section, without liability for forfeiture, as an offset against Monthly Rent. Tenant will not make any alterations, additions or improvements in or to the Premises without first obtaining the written approval of Lessor, which approval shall not unreasonably be withheld. Tenant will get Lessor's prior written approval of any contractor or subcontractor who is to perform work on the Premises at Tenant's request, which approval shall not unreasonably be withheld. Lessor may require Tenant to post a bond, cash or other security to protect the Premises from mechanic's liens. All alterations by Tenant will be constructed with new materials unless the materials are already in the Premises, in a good and workmanlike manner using new materials manner, and in substantial compliance with the plans and specifications approved by Lessor and all applicable laws, ordinances, rules, orders, regulations, or other requirements of good qualitygovernmental authorities. Tenant shall not commence will pay for any labor, services, materials, supplies or equipment properly furnished or alleged to have been furnished to Tenant in or about the making Premises. Tenant will pay and discharge any mechanic's, materialmen's or other lien against the Premises resulting from Tenant's failure to make such payment or alleged failure to make such payment, or will contest the lien and deposit with Lessor cash equal to the amount of the lien plus Lessor's reasonable estimate of any such modifications or alterations or additional costs to remove the construction of any such improvements until (i) any lien. If the lien is reduced to final judgment, Tenant will discharge the judgment and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed Lessor will return the cash deposited by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord Tenant. Lessor may post and file notices of non-responsibilitynonresponsibility on the Premises as provided by law. All alterations, additions and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating improvements to the proposed work not covered Premises made at Lessor's or Tenant's expense, except movable office furniture and Tenant's movable trade fixtures and equipment, will become the property of Lessor upon installation and will be surrendered with the Premises upon termination of this Lease, except as otherwise agreed in writing by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeLessor and Tenant.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Except for Permitted Alterations (as hereinafter defined), Tenant shall not make any alterations to or modifications of the Leased Premises or the Property, or construct any improvements within the Leased Premises or Tenant’s exclusive use areas of the Property until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may shall not be withheld in Landlord’s reasonable discretion; providedunreasonably withheld, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems conditioned or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Leasedelayed. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at least sixty (60) days prior to the expiration expiration, or ten (10) days after the earlier termination termination, of this Lease (Lease. If and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 aboveonly if, Landlord shall be deemed to have made the election notified Tenant in writing at the time the alterationsLandlord provided consent to any modifications, modifications alterations or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant by Tenant, that they would have to be removed, Tenant shall, upon the expiration or sooner termination of this Lease, remove any such modifications, alterations or improvements constructed or installed by Tenant (“Required Removables”) and in accordance with repair all damage caused by such removal. For the Work Letteravoidance of doubt, Landlord under no circumstance shall elect whether such item is a Non-Standard Improvement and whether Tenant be required to require remove or restore (or pay for any removal at or restoration of) the time such work is approvedTenant Improvements, even if Tenant does not make the foregoing written requestECV Stations, or any Permitted Alterations. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by reasonably satisfactory to Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor, if any. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of as good qualityor better quality existing in the Building. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding anything to the contrary in this Lease, Tenant shall have the right to make modifications, alterations and/or improvements to the Leased Premises and any exclusive use areas of the Outside Areas so noted on the Site Plan without Landlord’s consent if such modifications, alterations and/or improvements will not (a) affect the Building Systems in any material way or the structural components of the Building or (b) cost more than $250,000 in the aggregate in any consecutive twelve (12) month period, provided (i) that prior to making any such modifications, alterations and/or improvements, Tenant (A) provides Landlord ten (10) business days’ prior written notice of its intent to do so (which notice shall include a reasonably detailed description of the work to be made by Tenant), and (B) shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such modifications, alterations and/or improvements, and shall have provided copies of such approvals and permits to Landlord prior to commencing any work, (ii) all such modifications, alterations and/or improvements are made in compliance with the provisions and restrictions set forth in this Paragraph 110015197v.8 6.1 other than obtaining Landlord consent and any requirement for removal upon the expiration or sooner termination of this Lease, and (iii) Tenant shall notify Landlord in writing within thirty (30) days after completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made (collectively, “Permitted Alterations”). Notwithstanding the foregoing, Tenant shall have the right to install an electronic badge security system for the entry points to and within the Leased Premises.

By Tenant. This Paragraph 6.1 provision refers to alterations made to the Leased Premises after Tenant's initial occupancy of the Leased Premises, and does not relate pertain to the Tenant Improvements installed in accordance with and pursuant to construction of the Improvements, which is governed by the attached Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may shall not be unreasonably withheld or delayed. Landlord's approval shall be deemed given if not denied by Landlord in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior a written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations Tenant delivered within fifteen (including removal and rearrangement 15) days following receipt of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this LeaseTenant's written request. Tenant’s 's written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s 's removal obligations set forth in Paragraph Section 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approvedapproved by Landlord, shall be made, constructed or installed by Tenant at Tenant’s 's expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five fifteen (515) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s 's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Outside Areas or the exterior or structural components of the Building 4 including, without limitation, any cuts or penetrations in the floor, roof, roof or exterior or load-bearing walls of the Leased PremisesPremises (except to the extent Tenant has obtained Landlord's approval pursuant to Section 4.2). As used in this Article, the term “"modifications, alterations and/or improvements” " shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.. Notwithstanding the foregoing, Tenant, without Landlord's prior written consent, shall be permitted to make non-structural alterations to the Building, provided that: (a) such alterations do not exceed $7,500 individually, (b) Tenant shall timely provide Landlord the notice required, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and

By Tenant. This Paragraph 6.1 does In the event of a failure by Tenant to perform any of its covenants or agreements under this Agreement, Subtenant shall give Tenant written notice of such failure and shall give Tenant five (5) days more than the period provided in Section 10.2 of the Sublease to cure or commence to cure such failure prior to any claim for breach or damages. Subtenant’s exclusive remedies against Tenant shall be those set forth in Section 10.2 of the Sublease. Notwithstanding the foregoing, Tenant hereby acknowledges that Tenant’s failure to pay the rent and other sums owing by Tenant to Sublandlord under the Sublease will cause Subtenant to incur damages, costs and expenses not relate contemplated by this Sublease, especially in those cases where Subtenant has paid sums to Tenant hereunder which correspond in whole or in part to the amounts owing by Tenant Improvements installed in accordance to Sublandlord under the Sublease. Accordingly, Subtenant shall have the right to pay all rent and other sums owing by Subtenant to Tenant hereunder for those items which also are owed by Tenant to Sublandlord under the Master Lease directly to Sublandlord on the following terms and conditions: (i) Subtenant reasonably believes that Tenant has failed to make any payment required to be made by Tenant to Sublandlord under the Sublease and Tenant fails to provide adequate proof of payment within two (2) business days after Subtenant’s written demand requesting such proof; (ii) Subtenant shall provide to Tenant concurrently with any payment to Sublandlord reasonable evidence of such payment; and pursuant to the Work Letter(iii) if Tenant notifies Subtenant that it disputes any amount demanded by Sublandlord, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant Subtenant shall not make any alterations such payment to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written Sublandlord unless Sublandlord has provided a three-day notice to Landlord, may make “Non-Consent Alterations,” defined herein pay such amount or forfeit the Sublease. Any sums paid directly by Subtenant to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and Sublandlord in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, this section shall be made, constructed or installed credited toward the amounts payable by Subtenant to Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by under this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likeAgreement.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises Building C Non-Standard Office Improvements until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements Non-Standard Office Improvements which affect the Building structure façade, structure, or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without . Landlord’s prior written consentapproval shall, but upon not less than ten (10) business days’ prior written notice to Landlordif applicable, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not adversely affect any systems or equipment of Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord Landlord’s election to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements Non-Standard Office Improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord which event Tenant shall be deemed obligated to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written requestdo so. All such modifications, alterations or improvements, once so approved, improvements shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by LandlordLandlord which approval shall not be unreasonably withheld or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or (except the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floor, roof, or exterior or load-bearing walls of the Leased PremisesExclusive Use Common Areas). As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent, shall be permitted to make alterations to the Leased Premises which are not Non-Standard Office Improvements provided that: (a) Tenant shall timely provide Landlord the notices required pursuant to Paragraph 4.9 above, (b) Tenant shall have secured the approval of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals and permits for such alterations, and shall provide copies of such approvals and permits to Landlord prior to commencing any work with respect to such alterations, and (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to alterations, modifications, and improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may shall not be withheld in Landlord’s sole discretion as unreasonably withheld. Without limiting the generality of the foregoing, Tenant acknowledges that it shall be reasonable for Landlord to alterationswithhold its consent to any modification, modificationsalteration or improvement if, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; providedjudgment, howeversuch modification, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) business days’ prior written notice to Landlord, may make “Non-Consent Alterations,” defined herein to mean alterations (including removal and rearrangement of prior alterations) which (a) do not alteration or improvement would adversely affect the structure of the Building, any systems of the Building’s systems, the appearance of the Building or equipment the value or utility of the Building 4 or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Outside Areas or the exterior or structural components of the Building 4 including, without limitation, any cuts or penetrations in the floor, roof, roof or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. Notwithstanding the foregoing, Tenant, without Landlord’s prior written consent (but subject to the other terms and conditions of this Article 6), shall be permitted to make alterations to the Leased Premises which do not affect the structure of the Building or the Leased Premises, do not affect the plumbing, electrical, mechanical or other systems of the Building and do not affect the appearance of the Leased Premises viewed from the exterior, provided that: (a) such alterations do not exceed $25,000 individually or $100,000 in the aggregate, (b) Tenant shall timely provide Landlord the notice required pursuant to Paragraph 4.9 above, (c) Tenant shall notify Landlord in writing within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made, and (d) Tenant shall, upon Landlord’s request, remove the alteration at the termination of the Lease and restore the Leased Premises to their condition prior to such alteration.

By Tenant. This Paragraph 6.1 does not relate to the Tenant Improvements installed in accordance with and pursuant to the Work Letter, but to shall make no alterations, modificationsadditions, and or improvements made after the date the Tenant Improvements are substantially completed. Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s sole discretion as to alterations, modifications, and improvements which affect the Building structure or materially affect Building systems, and otherwise such approval may be withheld in Landlord’s reasonable discretion; provided, however, that Tenant, without obtaining Landlord’s prior written consent, but upon which shall not less be unreasonably withheld, conditioned or delayed, except for interior, nonstructural alterations of a decorative nature that do not exceed more than ten Two Dollars (10$2.00) business days’ prior written notice per rentable square foot of the Leased Premises in the aggregate. As a condition to performing such alterations, whether or not requiring Landlord’s consent, Landlord may make “Non-Consent Alterations,” defined herein require Tenant to mean provide Landlord with all plans and specifications for the proposed alterations and with all agreements with proposed contractors and subcontractors. Upon completion of any alterations requiring Landlord’s consent hereunder, Tenant shall pay to Landlord an amount equal to the lesser of (i) five percent (5%) of the total cost of such alterations, or (ii) Landlord’s construction manager’s fee in reviewing and inspecting such alterations (including removal such construction manager’s rate is $100.00 per hour), to reimburse Landlord for review of all plans and rearrangement specifications and final inspection of the work. All such alterations, additions, and improvements shall be at Tenant’s sole expense and shall be performed by qualified contractors and subcontractors (Tenant shall submit the names of such contractors and subcontractors to Landlord prior alterationsto performing any alterations or additions). Tenant shall indemnify Landlord against the imposition of mechanics’ or materialmen’s liens resulting from work performed by Tenant’s contractors. All improvements, additions, and alterations to the Leased Premises (except trade fixtures) shall become the property of Landlord and shall be surrendered up to Landlord upon the expiration of this Lease unless otherwise agreed by Landlord and Tenant. Landlord acknowledges that all conveyors, trade fixtures and warehousing equipment and racking are the property of Tenant. Prior to Tenant performing any alterations to the Leased Premises in excess of $20,000.00 for which (a) do not adversely affect any systems or equipment of Building 4 a lien could be filed against the Leased Premises or the Property, (b) do not involve or affect the structural integrity or any structural components of Building 4, (c) do not require a building permit, (d) do not involve the expenditure of more than $150,000.00 per alteration, and (e) do not exceed $1,000,000 in the aggregate over any 36-month period during the Term of this Lease. Tenant’s written request shall also contain a request for Landlord to elect whether or not it will require Tenant to remove the subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (and for purposes of Tenant’s removal obligations set forth in Paragraph 2.6 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed); provided, however, with respect to Tenant’s initial alterations and improvements to be made pursuant to and in accordance with the Work Letter, Landlord shall elect whether such item is a Non-Standard Improvement and whether to require removal at the time such work is approved, even if Tenant does not make the foregoing written request. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s expense (including all permit fees and governmental charges related thereto), using a licensed general contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and Restrictions and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) any and all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its intention to commence such work so that Landlord may post contractor execute and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of Building 4 including, without limitation, any cuts or penetrations in the floorappropriate public office a Waiver of Mechanics’ Lien, roof, or exterior or load-bearing walls of the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the likestatutory form and provide Landlord with an original copy thereof.