Common use of Commencement of Construction Clause in Contracts

Commencement of Construction. Tenant agrees that: ---------------------------- (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased Property.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee prosecute any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmenmaterial men's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of or construction of any Tenant Improvement to be enforced against any the Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees Landlord and said Leased Property free and harmless from all liability from any such liens, claims or demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, together with all costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefromtherewith; (e) All work shall be performed in a satisfactory good and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 8.09 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any the Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's interest in the Leased Property that is the subject Leased Propertyof the improvements.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased Property.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee prosecute any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any the Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees Landlord and said Leased Property free and harmless from all liability from any such liens, claims or demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, together with all costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefromtherewith; (e) All work shall be performed in a satisfactory good and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 8.09 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any the Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's interest in the Leased Property that is the subject Leased Propertyof the improvements.

Commencement of Construction. Tenant agrees that: ----------------------------(i) Redeveloper shall commence construction and installation of the Initial Improvements, notwithstanding any other Section of this Lease to the contrary (including but not limited to Section 32), within the time period set forth in the Schedule of Performance. (aii) Tenant When necessary for Redeveloper to commence construction of the Initial Improvements, Redeveloper may use, sell, demolish, remove, or otherwise dispose of any improvements existing on the Property at the commencement of the Term of this Lease. Agency shall receive no compensation for such improvements other than the performance of Redeveloper's covenants expressed in this Lease, provided, however, that the proceeds from such disposition shall be credited against the Initial Improvement Costs, for purposes of computing the Rent Reduction/Credit under Section 6 hereof. (iii) After commencement of construction, Redeveloper shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any prosecute such construction to completion in accordance completion. Such construction shall comply with applicable insurance requirements and the laws, rules and regulations Conditions of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs Construction set forth in Section 9.06) incurred in connection with or arising therefrom; (e) Exhibit 4 attached hereto and incorporated herein by this reference. All work shall be performed in a satisfactory good and workmanlike manner consistent manner, shall substantially comply with standards the plans and specifications submitted to and approved by Agency and shall comply with all applicable governmental licenses, permits, laws, ordinances and regulations. (iv) No materials, equipment, fixtures, carpets, appliances, or any other part of the Initial Improvements shall be purchased or installed under conditional sales agreements, leases, or under other arrangements wherein the right is reserved or accrues to anyone to remove or to repossess any such items. Agency may, in the industry; and (f) Subject exercise of its good faith business judgment, permit certain specialized equipment to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing be leased for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's Project but only with its prior written consentapproval and, then, only upon Redeveloper's execution and any such financing (i) shall not exceed the cost delivery of an assignment of the Tenant Improvementslease to Agency, (ii) shall be subordinate together with the original lease and the equipment lessor's written approval of such assignment, in form satisfactory to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased PropertyAgency.

Commencement of Construction. Tenant agrees that: ----------------------------(i) Redeveloper shall commence construction and installation of the Initial Improvements, notwithstanding any other Section of this Lease to the contrary (including but not limited to Section 32), within the time period set forth in the Schedule of Performance. (aii) Tenant When necessary for Redeveloper to commence construction of the Initial Improvements, Redeveloper may use, sell, demolish, remove, or otherwise dispose of any improvements existing on the Property at the commencement of the Term of this Lease. Agency shall receive no compensation for such improvements other than the performance of Redeveloper's covenants expressed in this Lease, provided, however, that the proceeds from such disposition shall be credited against the Initial Improvement Costs, for purposes of computing the Rent Reduction/Credit under Section 6 hereof. (iii) After commencement of construction, Redeveloper shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any prosecute such construction to completion in accordance completion. Such construction shall comply with applicable insurance requirements and the laws, rules and regulations Conditions of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs Construction set forth in Section 9.06) incurred in connection with or arising therefrom; (e) Exhibit 4 attached hereto and incorporated herein by this reference. All work shall be performed in a satisfactory good and workmanlike manner consistent manner, shall substantially comply with standards the plans and specifications submitted to and approved by Agency and shall comply with all applicable governmental licenses, permits, laws, ordinances and regulations. (iv) No materials, equipment, fixtures, carpets, appliances, or any other part of the Initial Improvements shall be purchased or installed under conditional salesagreements, leases, or under other arrangements wherein the right is reserved or accrues to anyone to remove or to repossess any such items. Agency may, in the industry; and (f) Subject exercise of its good faith business judgment, permit certain specialized equipment to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing be leased for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's Project but only with its prior written consentapproval and, then, only upon Redeveloper's execution and any such financing (i) shall not exceed the cost delivery of an assignment of the Tenant Improvementslease to Agency, (ii) shall be subordinate together with the original lease and the equipment lessor's written approval of such assignment, in form satisfactory to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased PropertyAgency.

Commencement of Construction. Tenant agrees that: ----------------------------shall perform all of the following in connection with the Tenant Improvements: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee prosecute any such construction to completion materially in accordance with applicable insurance requirements, the requirements of any governmental approval or permit relating thereto and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Permit Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property or the Land such notices as may be necessary to protect Landlord's ’s interest from mechanics' ’ liens, materialmen's liens ’s liens, construction liens, or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' ’ or construction liens or any other claims or demands arising from the work of or construction of any Tenant Improvement to be enforced against any the Leased Property or the Land or any part thereof, thereof and Tenant agrees to shall indemnify, defend, save and hold LandlordLandlord harmless of, its agents from and employees against any and said Leased Property free and harmless all liability from all any such liens, claims or demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, together with all reasonable costs and expenses (in connection therewith, including, without limitationbut not limited to, reasonable attorneys' fees, court costs, ’ fees and the costs set forth in Section 9.06) incurred in connection with or arising therefromexpenses; (e) All work shall be performed in a satisfactory good and workmanlike manner consistent with generally accepted construction standards in the industry; and (f) Subject to Section 8.08 9.09 in the case of Capital Additions, Tenant shall not secure any be permitted to obtain construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property Tenant’s leasehold interest therein without Landlord's ’s prior written consent, such consent not to be unreasonably withheld, delayed or conditioned, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created by Landlord with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's ’s interest in the Leased Property or the Land that is the subject Leased Propertyof the improvements.

Commencement of Construction. Tenant agrees that: ----------------------------shall not commence the Initial Construction unless and until Tenant shall have delivered to Landlord: (a) Tenant Copies of all necessary permits, certificates and authorizations required by any Governmental Authority in connection with the Initial Construction, together with evidence that such permits, certificates and authorizations have been paid for in full. Landlord shall diligently seek all governmental approvals relating not unreasonably refuse to join in the application for such permits, certificates or authorizations and shall reasonably cooperate with Tenant, without charge except to the construction extent Landlord’s participation required is more than de minimus in which case Tenant agrees to pay to Landlord, upon demand as Additional Rent hereunder, a reasonable fee and Landlord’s costs paid or incurred in connection therewith. Landlord shall not be subject to any liability for the payment of any costs or expenses in connection with any such applications, and Tenant Improvementhereby indemnifies and agrees to defend and hold Landlord harmless from and against any and all such costs and expenses; (b) Once Tenant begins Plans and Specifications for the construction proposed Initial Construction satisfying the requirements of Section 6.09(a) hereof. In connection with its approval of such Plans and Specifications, Landlord is authorized to retain architects of its choice, at its sole cost and expense, to consult and assist Landlord in its analysis, review and approval of such Plans and Specifications in order to determine compliance with the terms of this Lease and of all applicable requirements of any Governmental Authority. In the event Landlord shall not approve such Plans and Specifications, Landlord shall so notify Tenant Improvementof such disapproval, together with a memorandum setting forth Landlord’s required modifications, amendments and corrections. Tenant shall, within thirty (30) days after receipt of such notice, resubmit its Plans and Specifications to Landlord for approval. Upon approval by Landlord, Landlord and Tenant shall initial the Plans and Specifications reflecting such approval. Thereafter, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements may not materially change the Plans and Specifications without the laws, rules and regulations prior written consent of all governmental bodies or agencies having jurisdiction over the subject Leased PropertyLandlord; (c) Landlord shall have A contract for the right at any time construction of the Initial Construction in accordance with the Plans and from time to time to post Specifications and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens satisfying the requirements of a similar nature;Section 6.09(b); and (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising use its best efforts to obtain an agreement from Tenant’s architect and general contractor to continue to perform for the work benefit of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demandsif Landlord so requests, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection their respective obligations under their contracts with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards Tenant in the industry; and (f) Subject event of termination of this Lease or upon Landlord’s re-entry upon the Demised Premises following a default by Tenant prior to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost completion of the Tenant ImprovementsInitial Construction, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created provided such architect and/or general contractor are paid for their respective services in accordance with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased Propertycontracts.

Commencement of Construction. Tenant agrees that: ----------------------------shall perform all of the following in connection with the Tenant Improvements: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee prosecute any such construction to completion in accordance with applicable insurance requirements, the requirements of any governmental approval or permit relating thereto and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens liens, construction liens, or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' or construction liens or any other claims or demands arising from the work of or construction of any Tenant Improvement to be enforced against any the Leased Property or any part thereof, and Tenant agrees to shall indemnify, defend, save and hold Landlord, its agents Landlord and employees and said the respective Leased Property free harmless of, from and harmless against any and all liability from all any such liens, claims or demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, together with all costs and expenses (in connection therewith, including, without limitationbut not limited to, attorneys' fees, court costs, fees and the costs set forth in Section 9.06) incurred in connection with or arising therefromexpenses; (e) All work shall be performed in a satisfactory good and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 8.09 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which that is secured by a portion of any the Leased Property or Tenant's interest therein without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created by Landlord with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's interest in the Leased Property that is the subject Leased Propertyof the improvements.

Commencement of Construction. Tenant agrees that: ---------------------------- (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and [intentionally omitted] (iii) shall be limited solely to Tenant's interest in the subject Leased Property.

Commencement of Construction. Tenant agrees that: ---------------------------- (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant ImprovementImprovement or Capital Addition; (b) Once Tenant begins the construction of any Tenant ImprovementImprovement or Capital Addition, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement or Capital Addition to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, reasonable attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject Except as permitted under Sections 3.06 and 13.01 and subject to Section 8.08 in the case of Capital Additions, (i) Tenant shall not secure any construction or other financing for the Tenant Improvements or Capital Addition which is secured by a portion of any Leased Property without Landlord's prior written consent, consent and (ii) any such financing (iy) shall not exceed the cost of the Tenant ImprovementsImprovements or Capital Additions, (iiz) shall be subordinate to any mortgage or encumbrance against or in Landlord's estate in the Leased Property now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased Property.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' mechanic's liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' mechanic's liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any the Leased Property or any part thereof, and Tenant agrees to indemnify, defend and hold Landlord, its officers, directors, shareholders, agents and employees and said the Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section SECTION 9.06) incurred in connection with or arising therefrom; (e) All all work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject subject to Section SECTION 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any the Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased Property.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, thereof and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased Property.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee prosecute any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of or construction of any Tenant Improvement to be enforced against any the Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees Landlord and said Leased Property free and harmless from all liability from any such liens, claims or demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, together with all costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefromtherewith; (e) All work shall be performed in a satisfactory good and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any the Leased Property without Landlord's prior written consentconsent (which may be given or withheld in Landlord's sole and absolute discretion), and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's interest in the Leased Property that is the subject Leased Propertyof the improvements.

Commencement of Construction. Prior to commencement of construction, (i) Tenant agrees thatshall deliver to Landlord a request for approval of the person or entity (including any employee or agent of Tenant) performing such Alterations (“Tenant Contractor”), which approval shall not be unreasonably withheld or delayed, and (ii) Tenant or Tenant’s Contractor or construction manager shall submit the approved Construction Documents to the appropriate governmental agencies for plan checking and the issuance of a building permit and any other permits necessary to construct such improvements (the “Permits”) (with respect to the Tenant Work, such submission shall be made no later than ten (10) business days after the last to occur of (i) Landlord’s approval of the Construction Documents and Tenant’s Contractor, and (ii) Landlord’s delivery of the Premises D to Tenant in broom clean condition, free and clear of any and all existing tenants and their personal property), and once received, Tenant shall deliver the following items to Landlord: ---------------------------- (a) Tenant shall diligently seek sworn statements, including the names, addresses and copies of contracts for all contractors; (b) at Landlord’s election, all necessary governmental permits, licenses and approvals relating evidencing compliance with all applicable Legal Requirements; (c) certificates of insurance, issued by a responsible insurance company or surety company (as applicable) qualified to do business in the Commonwealth of Massachusetts and reasonably approved by Landlord (a “Qualified Insurance Company”), evidencing the insurance required by Exhibit C-1 hereto, naming Landlord and any other parties designated by Landlord as additional insureds; (d) for Alterations requiring Landlord’s consent and costing more than $500,000 a statutory lxxx xxxx pursuant to M.G.L. c. 254, §12 or any successor statute (or such other protection of Landlord’s interest in the Property against liens as Landlord may reasonably require), in each case for the benefit of Landlord, and issued by a Qualified Insurance Company, and (e) all other documents and information as Landlord may reasonably request in connection with the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefrom; (e) All work shall be performed in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, and (iii) shall be limited solely to Tenant's interest in the subject Leased PropertyAlteration.

Commencement of Construction. Tenant agrees that: ----------------------------: (a) Tenant shall diligently seek all governmental approvals relating to the construction of any Tenant Improvement; (b) Once Tenant begins the construction of any Tenant Improvement, Tenant shall diligently oversee prosecute any such construction to completion in accordance with applicable insurance requirements and the laws, rules and regulations of all governmental bodies or agencies having jurisdiction over the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each the Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or permit any mechanics' liens or any other claims or demands arising from the work of construction of any Tenant Improvement to be enforced against any the Leased Property or any part thereof, and Tenant agrees to hold Landlord, its agents and employees Landlord and said Leased Property free and harmless from all liability from any such liens, claims or demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, together with all costs and expenses (including, without limitation, attorneys' fees, court costs, and the costs set forth in Section 9.06) incurred in connection with or arising therefromtherewith; (e) All work shall be performed in a satisfactory good and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 8.09 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any the Leased Property without Landlord's prior written consent, and any such financing (i) shall not exceed the cost of the Tenant Improvements, (ii) shall be subordinate to any mortgage or encumbrance now existing or hereinafter created by Landlord with respect to such the Leased Property, and (iii) shall be limited solely to Tenant's interest in the Leased Property that is the subject Leased Propertyof the improvements.

Commencement of Construction. Tenant agrees that: ---------------------------- (a) Tenant Upon completion of the Working Plans, Landlord shall diligently seek all governmental approvals relating cause General Contractor to obtain subcontract bids for the construction of any the Building and other Improvements from at least three (3) reputable subcontractors approved by Tenant Improvement; for each trade whose total compensation is expected to exceed Ten Thousand Dollars (b) Once $10,000.00), which approval shall not be unreasonably withheld, conditioned or delayed. Landlord and General Contractor shall review the bids obtained and shall recommend to Tenant begins which bid to accept for each trade. Tenant shall approve or disapprove of each recommended bid, such approval not to be unreasonably withheld, conditioned or delayed, and the General Contractor shall promptly award the subcontract to such bidders so selected and shall execute subcontracts for the construction of any Tenant Improvement, Tenant shall diligently oversee any such construction to completion the Building and other Improvements in accordance with applicable insurance requirements the Final Plans and Specifications approved pursuant to Section 4.1 hereof. After all subcontracts have been awarded, a guaranteed maximum price to be inserted into the General Contract shall be established and shall be equal to the sum of subcontractor bids for all work, and the stipulated amounts for the General Contractor’s preconstruction services fee, construction fee, general conditions (including the cost of payment and performance bonds) and contingency. Alternatively, Landlord and General Contractor, with the approval of Tenant, which approval shall not be unreasonably withheld, conditioned or delayed, may convert the General Contract into a fixed sum contract. Within ten (10) Business Days after the award of the subcontracts as set forth above and the obtaining of necessary permits, including the building permit, Landlord shall deliver final versions of the budgets described in Section 4.1(b) based on the General Contract Price to Tenant for Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. In addition, within thirty-five (35) days after the award of the subcontracts as set forth above and the obtaining of necessary permits, including the building permit, Landlord shall cause General Contractor to commence and thereafter diligently prosecute the construction of the Building and other Improvements to completion pursuant to the approved Final Plans and Specifications, subject only to Change Orders approved by Tenant, minor field changes or changes required by governmental authority. The commencement and completion of the Building and other Improvements shall be subject to delays resulting from acts of Tenant, acts of God, adverse weather conditions, war, invasion, insurrection, acts of a public enemy, riot, mob violence, civil commotion, sabotage, labor disputes, inability to procure or general shortage of labor, materials, facilities, equipment or supplies on the open market, delay in transportation, laws, rules rules, regulations or orders of governmental agencies, inability to obtain permits or approvals, breaches by the General Contractor and regulations subcontractors, if any, of all governmental bodies or agencies having jurisdiction over their respective contracts, changes in Applicable Laws after the subject Leased Property; (c) Landlord shall have the right at any time and from time to time to post and maintain upon each Leased Property such notices as may be necessary to protect Landlord's interest from mechanics' liens, materialmen's liens or liens of a similar nature; (d) Tenant shall not suffer or building permit any mechanics' liens is issued or any other claims cause beyond the reasonable control of Landlord, financial ability excepted, whether similar or demands arising from dissimilar to the work foregoing (“Force Majeure”). For purposes of construction of any Tenant Improvement the budget to be enforced against any Leased Property or any part thereofproposed by Landlord and approved by Tenant pursuant to this Section 4.3, and Tenant agrees to hold Landlord, its agents and employees and said Leased Property free and harmless from all demands, claims, causes of action, fines, penalties, damages (including punitive and consequential damages), losses, liabilities (including strict liability), judgments, costs and expenses (including, without limitation, attorneys' fees, court costs, and interest payable on the costs acquisition loan and/or construction loan shall be based on the interest rate set forth in the term sheet approved by Tenant pursuant to Section 9.064.11 plus one (1) incurred in connection with or arising therefrom; percent (e1%) All work (if a floating rate, the interest rate shall be performed based on the interest rate that would be in a satisfactory and workmanlike manner consistent with standards in the industry; and (f) Subject to Section 8.08 in the case of Capital Additions, Tenant shall not secure any construction or other financing for the Tenant Improvements which is secured by a portion of any Leased Property without Landlord's prior written consent, and any effect under such financing (i) shall not exceed the cost term sheet as of the Tenant Improvements, (iidate the budget is approved pursuant to this Section 4.3) shall with the construction period and the disbursement schedule to be subordinate to any mortgage or encumbrance now existing or hereinafter created with respect to such Leased Property, based upon reasonable custom and (iii) shall be limited solely to Tenant's interest in the subject Leased Propertypractice for construction of a project of this type and magnitude.