Common use of Completion of Leased Premises Clause in Contracts

Completion of Leased Premises. Landlord agrees to perform work, if any (“Landlord’s Work”), in the Leased Premises in substantial accordance with the provisions of Exhibit “B-1” attached to and made a part of this Lease. If Landlord is to perform Landlord’s Work, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work to be performed for Tenant, if any, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s work, within 15 days following the full execution of this Lease, but in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall: (i) submit to Landlord for Landlord’s prior written approval (and shall obtain Landlord’s prior written approval) which Landlord shall exercise reasonably, detailed plans and specifications for all of Tenant’s Work prepared by an architect reasonably satisfactory to Landlord, generally conforming to the provisions of Exhibit “B-2”, along with samples for all of the Tenant finishes in the Leased Premises; (ii) obtain Landlord’s approval of the general contractor which Tenant intends to use. In connection with that approval, Tenant shall provide Landlord with financial information and other information on the contractor and evidence that the contractor has reasonable insurance coverage, all of which must meet Landlord’s approval; (iii) obtain all required permits; (iv) provide Landlord with a certified copy of each insurance policy required pursuant to this Lease; and (v) provide a complete list of all approved contractors (general and sub) who will be working within the Leased Premises. Tenant agrees that all improvements or alterations made by it pursuant to this Lease will be performed in a good and workmanlike manner and that once Tenant begins construction of any improvements or alterations, it will diligently pursue such work to completion. In addition, after completion of construction, Tenant agrees to diligently pursue obtaining an occupational license and a Certificate of Occupancy, and all other permits, licenses and approvals as are necessary and required by all state and local governmental agencies or authorities. If Tenant does not fully comply with the provisions of this Paragraph, it will be considered a default of this Lease, and Landlord will have the right, in addition to all other rights and remedies, at Landlord’s option, to re-enter the Leased Premises and complete Tenant’s Work or any other improvements or alterations to be made by Tenant, at Tenant’s sole cost and expense, which Tenant agrees to reimburse Landlord upon demand. Within five (5) business days of the completion of Tenant’s Work and of any other improvements or alterations approved by Landlord and made by Tenant, Tenant shall notify Landlord stating that the Tenant’s Work, and if applicable, any other improvements or alterations are completed. Within ten (10) days of receipt of this notice from Tenant, Landlord shall have the option to inspect and approve Tenant’s Work, and if applicable, any other improvements or alterations to insure that they were performed in accordance with the plans and specifications approved by Landlord and to insure that no defects exist. If Landlord determines that any defects exist or that the Tenant’s Work, and if applicable, any other improvements or alterations were not performed in accordance with the plans and specifications, Landlord shall notify Tenant and Tenant shall thereafter within a reasonable time frame correct the defect(s), at Tenant’s sole cost and expense. If such correction is not timely made by Tenant, this Lease may, in Landlord’s sole discretion, and without limiting its other rights and remedies, be terminated and Tenant, upon request from Landlord, shall immediately remove all improvements and alterations, and shall return the Leased Premises to the condition they were in prior to Tenant’s occupation of the Leased Premises. Except for that contemplated under Landlord’s Work, Tenant shall be responsible for all costs associated with Tenant’s Work, and if applicable, all other improvements or alterations to the Leased Premises, including, but not limited to, preparation of the Leased Premises, preparation of the plans and specifications, architectural, engineering, and construction costs and the costs of obtaining any and all governmental approvals, permits and licenses. If the occurrence of any condition set forth in this section shall be delayed due to any act or omission of Tenant, the Leased Premises shall be deemed ready for occupancy, and the Commencement Date shall occur, on the date when said condition would have been met but for such delay in Landlord’s reasonable opinion. Landlord’s notice to Tenant of the meeting of any condition set forth in this section shall be definitive evidence of the same.

Completion of Leased Premises. Landlord agrees to perform work, if any (“Landlord’s Work”), in For the Leased Premises in substantial accordance with the provisions purposes of Exhibit “B-1” attached to and made a part of this Lease. If Landlord is to perform Landlord’s Work, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work to be performed for Tenant, if any, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s work, within 15 days following the full execution of this Lease, but in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall: (i) submit to Landlord for Landlord’s prior written approval (and shall obtain Landlord’s prior written approval) which Landlord shall exercise reasonably, detailed plans and specifications for all of Tenant’s Work prepared by an architect reasonably satisfactory to Landlord, generally conforming to the provisions of Exhibit “B-2”, along with samples for all of the Tenant finishes in the Leased Premises; (ii) obtain Landlord’s approval of the general contractor which Tenant intends to use. In connection with that approval, Tenant shall provide Landlord with financial information and other information on the contractor and evidence that the contractor has reasonable insurance coverage, all of which must meet Landlord’s approval; (iii) obtain all required permits; (iv) provide Landlord with a certified copy of each insurance policy required pursuant to this Lease; and (v) provide a complete list of all approved contractors (general and sub) who will be working within the Leased Premises. Tenant agrees that all improvements or alterations made by it pursuant to this Lease will be performed in a good and workmanlike manner and that once Tenant begins construction of any improvements or alterations, it will diligently pursue such work to completion. In addition, after completion of construction, Tenant agrees to diligently pursue obtaining an occupational license and a Certificate of Occupancy, and all other permits, licenses and approvals as are necessary and required by all state and local governmental agencies or authorities. If Tenant does not fully comply with the provisions of this Paragraph, it will be considered a default of this Lease, and Landlord will have the right, in addition to all other rights and remedies, at Landlord’s option, to re-enter the Leased Premises and complete Tenant’s Work or any other improvements or alterations to be made by Tenant, at Tenant’s sole cost and expense, which Tenant agrees to reimburse Landlord upon demand. Within five (5) business days of the completion of Tenant’s Work and of any other improvements or alterations approved by Landlord and made by Tenant, Tenant shall notify Landlord stating that the Tenant’s Work, and if applicable, any other improvements or alterations are completed. Within ten (10) days of receipt of this notice from Tenant, Landlord shall have the option to inspect and approve Tenant’s Work, and if applicable, any other improvements or alterations to insure that they were performed in accordance with the plans and specifications approved by Landlord and to insure that no defects exist. If Landlord determines that any defects exist or that the Tenant’s Work, and if applicable, any other improvements or alterations were not performed in accordance with the plans and specifications, Landlord shall notify Tenant and Tenant shall thereafter within a reasonable time frame correct the defect(s), at Tenant’s sole cost and expense. If such correction is not timely made by Tenant, this Lease may, in Landlord’s sole discretion, and without limiting its other rights and remedies, be terminated and Tenant, upon request from Landlord, shall immediately remove all improvements and alterations, and shall return the Leased Premises to the condition they were in prior to Tenant’s occupation of the Leased Premises. Except for that contemplated under Landlord’s Work, Tenant shall be responsible for all costs associated with Tenant’s Work, and if applicable, all other improvements or alterations to the Leased Premises, including, but not limited to, preparation of the Leased Premises, preparation of the plans and specifications, architectural, engineering, and construction costs and the costs of obtaining any and all governmental approvals, permits and licenses. If the occurrence of any condition set forth in this section shall be delayed due to any act or omission of TenantSection ----------------------------- 2.2, the Leased Premises shall be conclusively deemed ready available for occupancyTenant to commence Tenant's Work (as defined in the Work Letter) when Landlord's architect certifies in writing that the work required to be performed by Landlord, if any ("Landlord's Work"), as described in Exhibit B to this Lease (the "Work Letter") has been substantially completed. (If no architect has been engaged in completing Landlord's Work, a certificate from Landlord will serve to confirm substantial completion of Landlord's Work.) Landlord's Work, if any, shall be deemed substantially completed notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration that do not materially interfere with Tenant's ability to perform the Tenant Work (so-called "punch list items") remain to be performed, or that portions of Landlord's Work are incomplete because such work cannot be done until Tenant's Work is completed. Landlord agrees to perform or complete the punch list items within 30 business days after mutual execution of the punch list by Tenant and Landlord. In the event Landlord is delayed in completing Landlord's Work by any delay, interference or hindrance of such work by Tenant, Tenant's contractors or any of their employees or agents, or by any changes in such work requested by Tenant and agreed to by Landlord or by Tenant's failure to timely and properly perform any of its obligations imposed pursuant to Exhibit B, the Leased Premises shall --------- be conclusively deemed substantially completed and available for occupancy on the date on which the same would have occurred in the absence of such delay. To the best of Landlord's knowledge all asbestos-containing material ("ACM") required to be removed from the Building have been removed from the Building and Landlord has provided to Tenant a copy of its consultants sign off letter confirming the same. If during Tenant's construction of Tenant's Work pursuant to the Work Letter, Tenant discovers and identifies ACM through standard testing and point testing, Tenant will give Landlord written notice within 48 hours after Tenant's discovery thereof. If such ACM is required to be removed from the Leased Premises pursuant to applicable laws, rules or regulations, Landlord will use reasonable efforts to remove such ACM from the Leased Premises (the "ACM Removal"). Tenant will in no event disturb such ACM or take any action that would result in a release of ACM or result in the ACM becoming airborne or friable. If possible, Tenant will proceed with Tenant's Work, but will not interfere with Landlord's ACM Removal. If the ACM Removal from the Leased Premises by Landlord is the direct result of unavoidable delay in the completion of Tenant's Work, then the Commencement Date will be extended one day for each day of delay in Tenant's Work that is a direct result of the ACM Removal. Notwithstanding the foregoing, Landlord shall occur, on have no obligation to remove any floor tile existing in the Leased Premises or the Building as of the date when said condition would have been met but for such delay in Landlord’s reasonable opinion. Landlord’s notice to Tenant of the meeting of any condition set forth in this section shall be definitive evidence of the sameLease which floor tile may contain ACM.

Completion of Leased Premises. (a) Tenant shall meet with Landlord's representative on or before - January 30, 1996 to finalize layout drawings for the Leased Premises sufficiently complete to permit Landlord agrees to prepare and complete structural, mechanical and electrical drawings for the portion of the Tenant Improvements to be contracted by Landlord. Such final layout drawings shall include: (i) partition layout and door location; (ii) electrical outlet locations; (iii) Tenant's telephone systems location of outlets; and (iv) light switches. Based upon such Tenant approved drawings with Tenant's requirements indicated thereon, Landlord shall direct its engineers to prepare mechanical, electrical and structural drawings incorporating such data. (b) Landlord's contractor shall perform workall work in, if any (“Landlord’s Work”)on, in and about the Leased Premises in substantial accordance with the provisions Building Standard, unless otherwise agreed to in writing by Landlord and Tenant. The cost of Exhibit “B-1” attached to and made a part of this Lease. If Landlord is to perform Landlord’s Work, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work Tenant Improvements to be performed for made by Landlord which exceed Building Standard (including non-standard architectural, structural, mechanical, fire protection, telephone system and electrical work), shall be at Tenant's expense. Tenant shall, if anyunless waived by Landlord, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify deposit 50% of the estimated cost of all Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes Improvements which Tenant is to perform pay the cost of, with Landlord prior to commencement of such work, and Tenant shall pay 25% at middle of Tenant Improvement construction and 25% within five days after completion of Tenant Improvements. Such billing may be made periodically as the work is completed. Unless otherwise agreed to in writing by Landlord and Tenant, all work involved in the Leased Premises (“Tenant’s Work”) which completion of Tenant Improvements shall be carried out by Landlord's Contractor under the sole direction of Landlord. Tenant and Landlord shall cooperate with each other and with Landlord's Contractor to promote the efficient and expeditious completion of such work. 2. Changes to the approved Working Drawings may be made only by written - direction to Landlord on a form approved by Landlord, which direction must be signed by an authorized representative of Tenant. Landlord may require, as a condition to any change, that Tenant deposit with Landlord, as a condition to Landlord's consent to such change, all costs which Landlord estimates Landlord will incur by virtue of such change, including, but not limited to, the costs of design, labor, materials, supplies, architectural services, engineering, estimating, printing, and incidental expenses, and any additional costs incurred by Landlord as a result of such change, shall be paid for in substantial accordance full by Tenant upon billing by Landlord. 3. Only with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform Landlord's express written permission shall Tenant ever - alter or modify or in any Landlord’s Work, Tenant will begin the construction manner disturb: (a) Any system or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s workBuilding, within 15 days following the full execution of this Leaseincluding, but in all events prior to Tenant constructing or performing any portion not limited to, Central (as defined below) plumbing system, Central electrical system, Central heating, ventilating and air conditioning systems, Central fire protection and fire alert systems, Central building maintenance systems, Central structural systems, elevators, and anything located within the Central core of Tenant’s Work in the Leased Premises, Tenant shall:Building; or (ib) submit to Landlord for Landlord’s prior written approval Any Branch (and shall obtain Landlord’s prior written approvalas defined below) which Landlord shall exercise reasonably, detailed plans and specifications for all of Tenant’s Work prepared by an architect reasonably satisfactory to Landlord, generally conforming to the provisions of Exhibit “B-2”, along with samples for all any system or installation of the Tenant finishes in the Leased Premises; (ii) obtain Landlord’s approval of the general contractor Building which Tenant intends to use. In connection with that approval, Tenant shall provide Landlord with financial information and other information on the contractor and evidence that the contractor has reasonable insurance coverage, all of which must meet Landlord’s approval; (iii) obtain all required permits; (iv) provide Landlord with a certified copy of each insurance policy required pursuant to this Lease; and (v) provide a complete list of all approved contractors (general and sub) who will be working is located within the Leased Premises. Tenant agrees that all improvements or alterations made by it pursuant to this Lease will be performed in a good and workmanlike manner and that once Tenant begins construction of any improvements or alterations, it will diligently pursue such work to completion. In addition, after completion of construction, Tenant agrees to diligently pursue obtaining an occupational license and a Certificate of Occupancy, and all other permits, licenses and approvals as are necessary and required by all state and local governmental agencies or authorities. If Tenant does not fully comply with the provisions of this Paragraph, it will be considered a default of this Lease, and Landlord will have the right, in addition to all other rights and remedies, at Landlord’s option, to re-enter the Leased Premises and complete Tenant’s Work or any other improvements or alterations to be made by Tenant, at Tenant’s sole cost and expense, which Tenant agrees to reimburse Landlord upon demand. Within five (5) business days of the completion of Tenant’s Work and of any other improvements or alterations approved by Landlord and made by Tenant, Tenant shall notify Landlord stating that the Tenant’s Work, and if applicable, any other improvements or alterations are completed. Within ten (10) days of receipt of this notice from Tenant, Landlord shall have the option to inspect and approve Tenant’s Work, and if applicable, any other improvements or alterations to insure that they were performed in accordance with the plans and specifications approved by Landlord and to insure that no defects exist. If Landlord determines that any defects exist or that the Tenant’s Work, and if applicable, any other improvements or alterations were not performed in accordance with the plans and specifications, Landlord shall notify Tenant and Tenant shall thereafter within a reasonable time frame correct the defect(s), at Tenant’s sole cost and expense. If such correction is not timely made by Tenant, this Lease may, in Landlord’s sole discretion, and without limiting its other rights and remedies, be terminated and Tenant, upon request from Landlord, shall immediately remove all improvements and alterations, and shall return the Leased Premises to the condition they were in prior to Tenant’s occupation of the Leased Premises. Except for that contemplated under Landlord’s Work, Tenant shall be responsible for all costs associated with Tenant’s Work, and if applicable, all other improvements or alterations to the Leased Premises, including, but not limited to, preparation Branch electrical system, Branch heating, ventilating and air conditioning system, and Branch fire protection and alert system. For the purposes of this Section 2.3, "Central" shall be defined as that portion ------- of any Building system or component which is within the core and/or common to and/or serves or exists for the benefit of other tenants in the Building, and "Branch" shall be defined as that portion of any Building system or component ------- which serves to connect or extend Central systems into the Leased Premises, preparation of the plans and specifications, architectural, engineering, and construction costs and the costs of obtaining any and all governmental approvals, permits and licenses. If the occurrence of any condition set forth in this section shall be delayed due to any act or omission of Tenant, the Leased Premises shall be deemed ready for occupancy, and the Commencement Date shall occur, on the date when said condition would have been met but for such delay in Landlord’s reasonable opinion. Landlord’s notice to Tenant of the meeting of any condition set forth in this section shall be definitive evidence of the same.

Completion of Leased Premises. Landlord agrees to perform work, if any (“Landlord’s Work”), in For the Leased Premises in substantial accordance with the provisions purposes of Exhibit “B-1” attached to and made a part of this Lease. If Landlord is to perform Landlord’s Work, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work to be performed for Tenant, if any, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a part of this Lease. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s work, within 15 days following the full execution of this Lease, but in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall: (i) submit to Landlord for Landlord’s prior written approval (and shall obtain Landlord’s prior written approval) which Landlord shall exercise reasonably, detailed plans and specifications for all of Tenant’s Work prepared by an architect reasonably satisfactory to Landlord, generally conforming to the provisions of Exhibit “B-2”, along with samples for all of the Tenant finishes in the Leased Premises; (ii) obtain Landlord’s approval of the general contractor which Tenant intends to use. In connection with that approval, Tenant shall provide Landlord with financial information and other information on the contractor and evidence that the contractor has reasonable insurance coverage, all of which must meet Landlord’s approval; (iii) obtain all required permits; (iv) provide Landlord with a certified copy of each insurance policy required pursuant to this Lease; and (v) provide a complete list of all approved contractors (general and sub) who will be working within the Leased Premises. Tenant agrees that all improvements or alterations made by it pursuant to this Lease will be performed in a good and workmanlike manner and that once Tenant begins construction of any improvements or alterations, it will diligently pursue such work to completion. In addition, after completion of construction, Tenant agrees to diligently pursue obtaining an occupational license and a Certificate of Occupancy, and all other permits, licenses and approvals as are necessary and required by all state and local governmental agencies or authorities. If Tenant does not fully comply with the provisions of this Paragraph, it will be considered a default of this Lease, and Landlord will have the right, in addition to all other rights and remedies, at Landlord’s option, to re-enter the Leased Premises and complete Tenant’s Work or any other improvements or alterations to be made by Tenant, at Tenant’s sole cost and expense, which Tenant agrees to reimburse Landlord upon demand. Within five (5) business days of the completion of Tenant’s Work and of any other improvements or alterations approved by Landlord and made by Tenant, Tenant shall notify Landlord stating that the Tenant’s Work, and if applicable, any other improvements or alterations are completed. Within ten (10) days of receipt of this notice from Tenant, Landlord shall have the option to inspect and approve Tenant’s Work, and if applicable, any other improvements or alterations to insure that they were performed in accordance with the plans and specifications approved by Landlord and to insure that no defects exist. If Landlord determines that any defects exist or that the Tenant’s Work, and if applicable, any other improvements or alterations were not performed in accordance with the plans and specifications, Landlord shall notify Tenant and Tenant shall thereafter within a reasonable time frame correct the defect(s), at Tenant’s sole cost and expense. If such correction is not timely made by Tenant, this Lease may, in Landlord’s sole discretion, and without limiting its other rights and remedies, be terminated and Tenant, upon request from Landlord, shall immediately remove all improvements and alterations, and shall return the Leased Premises to the condition they were in prior to Tenant’s occupation of the Leased Premises. Except for that contemplated under Landlord’s Work, Tenant shall be responsible for all costs associated with Tenant’s Work, and if applicable, all other improvements or alterations to the Leased Premises, including, but not limited to, preparation of the Leased Premises, preparation of the plans and specifications, architectural, engineering, and construction costs and the costs of obtaining any and all governmental approvals, permits and licenses. If the occurrence of any condition set forth in this section shall be delayed due to any act or omission of TenantSection ----------------------------- 2.2, the Leased Premises shall be conclusively deemed ready available for occupancyTenant to commence Tenant's Work (as defined in the Work Letter) upon mutual execution of this Lease. Except for Landlord's Work, as described in Exhibit B to this Lease --------- (the "Work Letter"), Landlord has no obligation for the completion or remodeling of the Leased Premises and Tenant accepts the Commencement Date shall occur, on Leased Premises In their "as is" condition as of the date when said condition would have been met but for such delay in Landlord’s reasonable opinionof mutual execution of this Lease. Landlord’s notice 's Work shall be deemed substantially completed when Landlord certifies in writing that Landlord's Work has been substantially completed. Landlord's Work, if any, shall be deemed substantially completed notwithstanding that minor or non-material details of construction, mechanical adjustment or decoration that do not materially interfere with Tenant's ability to perform the Tenant Work (so-called "punch list items") remain to be performed, or that portions of Landlord's Work are incomplete because such work cannot be done until Tenant's Work is completed. Landlord agrees to perform or complete the punch list items within 30 business days after mutual execution of the meeting punch list by Tenant and Landlord. In the event Landlord Is delayed In completing Landlord's Work by any delay, interference or hindrance of such work by Tenant, Tenant's contractors or any condition of their employees or agents, or by any changes in such work requested by Tenant and agreed to by Landlord or by Tenant's failure to timely and properly perform any of its obligations imposed pursuant to Exhibit B, then the Scheduled --------- Completion Date for Landlord's Work set forth in this section Article 1 shall be definitive evidence of the samecorrespondingly adjusted.

Completion of Leased Premises. 5.1 Landlord agrees to perform workshall, if any at its expense, construct the Base Building Improvements (“Landlord’s Work”as such term is defined in the Development Agreement) and, following substantial completion of the Base Building Improvements, Tenant shall commence and complete construction of the Tenant Improvements (as such term is defined in the Development Agreement), resulting in the Leased Premises construction of an office, laboratory and warehouse building containing approximately sixty thousand seven hundred fifty-six (60,756) gross square feet and approximately fifty-eight thousand ninety-six (58,096) square feet of Rentable Building Area computed substantially in substantial accordance with the provisions of Exhibit “B-1” attached to Building Owners and made a part of this LeaseManagers Association International Standard Method for Measuring Floor Area in Office Buildings (ANSI/BOMA Z65.1-1996) ("Rentable Building Area"). If Landlord is to perform Landlord’s WorkNotwithstanding the foregoing, Landlord shall attempt to complete Landlord’s Work by the Target Date (the “Target Date”) which is shown actual gross square footage contained in the Basic Leasing Information of this Lease. Landlord’s obligation as to work to Building and the Rentable Building Area shall be performed for Tenant, if any, is solely as set forth in Exhibit “B-1”. Once determined by Landlord has completed Landlord’s Work, except for reasonable punch list items, Landlord shall notify Tenant and Tenant will thereafter promptly begin prior to the construction or installation expiration of improvements and finishes which Tenant the Approval Period (as such term is to perform defined in the Leased Premises (“Tenant’s Work”) which Development Agreement). The Building shall be a combined one (1) and two (2) story, pre-cast concrete structure. Such Building, together with accessory driveways, sidewalks, landscaping, signage, dumpster enclosures, parking and utilities shall be constructed in substantial accordance with the provisions of Exhibit “B-2” attached to Development Agreement by Landlord and made a part of this LeaseTenant. If Landlord is not obligated to perform any Landlord’s Work, Tenant will begin the construction or installation of Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is to perform any Tenant’s work, within 15 days following the full execution of this Lease, but in all events prior to Tenant constructing or performing any portion of Tenant’s Work in the Leased Premises, Tenant shall: (i) submit to Landlord for Landlord’s prior written approval (and shall obtain Landlord’s prior written approval) which Landlord shall exercise reasonably, detailed plans and specifications have no responsibility for all of Tenant’s Work prepared by an architect reasonably satisfactory to Landlord, generally conforming to the provisions of Exhibit “B-2”, along with samples for all of the Tenant finishes in the Leased Premises; (ii) obtain Landlord’s approval of the general contractor which Tenant intends to use. In connection with that approval, Tenant shall provide Landlord with financial information and other information on the contractor and evidence that the contractor has reasonable insurance coverage, all of which must meet Landlord’s approval; (iii) obtain all required permits; (iv) provide Landlord with a certified copy of each insurance policy required pursuant to this Lease; and (v) provide a complete list of all approved contractors (general and sub) who will be working within the Leased Premises. Tenant agrees that all improvements installation or alterations made by it pursuant to this Lease will be performed in a good and workmanlike manner and that once Tenant begins construction of any improvements or alterations, it will diligently pursue such work to completion. In addition, after completion of construction, Tenant agrees to diligently pursue obtaining an occupational license which are not identified and a Certificate of Occupancy, included in the Development Agreement as "Base Building Improvements" and all other permits, licenses and approvals as are necessary and required by all state and local governmental agencies or authorities. If Tenant does not fully comply with the provisions of this Paragraph, it will be considered a default of this Lease, and Landlord will have the right, in addition to all other rights and remedies, at Landlord’s option, to re-enter the Leased Premises and complete Tenant’s Work or any other improvements or alterations to be made by Tenant, at Tenant’s sole cost and expense, which Tenant agrees to reimburse Landlord upon demand. Within five (5) business days of the completion of Tenant’s Work and of any other improvements or alterations approved by Landlord and made by Tenant, Tenant shall notify Landlord stating that the Tenant’s Work, and if applicable, any other improvements or alterations are completed. Within ten (10) days of receipt of this notice from Tenant, Landlord shall have the option to inspect and approve Tenant’s Work, and if applicable, any other improvements or alterations to insure that they were performed in accordance with the plans and specifications approved by Landlord and to insure that no defects exist. If Landlord determines that any defects exist or that the Tenant’s Work, and if applicable, any other improvements or alterations were not performed in accordance with the plans and specifications, Landlord shall notify Tenant and Tenant shall thereafter within a reasonable time frame correct the defect(s), at Tenant’s sole cost and expense. If such correction is not timely made by Tenant, this Lease may, in Landlord’s sole discretion, and without limiting its other rights and remedies, be terminated and Tenant, upon request from Landlord, shall immediately remove all improvements and alterations, and shall return the Leased Premises to the condition they were in prior to Tenant’s occupation of the Leased Premises. Except for that contemplated under Landlord’s Work, Tenant shall be responsible for all costs associated with Tenant’s Work, and if applicable, all other improvements required for completion of the Building, including the Tenant Improvements. If Landlord fails to deliver possession of the substantially completed Base Building Improvements to Tenant on or alterations before the date which is one hundred forty-six (146) business days (i.e. excluding Saturdays, Sundays and State and National holidays) after the issuance of a building permit by the appropriate governmental authorities for the construction of the Base Building Improvements, then for each day possession is delayed beyond that date for any reason other than Tenant Delays, Landlord shall pay to Tenant, in lieu of any other damages, liquidated damages in the amount of Seven Hundred Fifty Dollars ($750.00) per day until possession is delivered as required by this Lease up to a maximum of ninety (90) days or Sixty-Seven Thousand Five Hundred Dollars ($67,500.00) in total daily penalties. 5.2 Upon completion of the Base Building Improvements by Landlord pursuant to the terms of the Development Agreement, Tenant shall accept the Leased Premises, including, but not limited to, preparation Premises in their "as is" condition on the Commencement Date subject only to outstanding "punchlist" items required of Landlord. Taking possession of the Leased Premises, preparation Premises by Tenant for the purpose of completing Tenant Improvements shall be conclusive evidence that the plans Leased Premises are in the condition agreed between Landlord and specifications, architectural, engineering, and construction costs Tenant subject only to such outstanding "punchlist" items required of Landlord and the costs of obtaining any and all governmental approvals, permits and licenses. If the occurrence of any condition one (1) year warranty set forth in this section shall be delayed due to any act or omission of Tenant, the Leased Premises shall be deemed ready for occupancy, and the Commencement Date shall occur, on the date when said condition would have been met but for such delay in Landlord’s reasonable opinion. Landlord’s notice to Tenant of the meeting of any condition set forth in this section shall be definitive evidence of the sameSection 8 below.

Completion of Leased Premises. Landlord agrees (a) Tenant shall meet with Landlord's representative on or before - August 18, 1995 to perform work, if any (“Landlord’s Work”), in finalize layout drawings for the Leased Premises in substantial accordance sufficiently complete to permit Landlord to prepare and complete structural, mechanical and electrical drawings for the portion of the Tenant Improvements to be constructed by Landlord. Such final layout drawings shall include: (i) partition layout and door location; (ii) electrical outlet locations; (iii) Tenant's telephone systems location of outlets; and (iv) light switches. Based upon such Tenant approved drawings with the provisions of Exhibit “B-1” attached to and made a part of this Lease. If Landlord is to perform Landlord’s WorkTenant's requirements indicated thereon, Landlord shall attempt direct its engineers to prepare mechanical, electrical and structural drawings incorporating such data. (b) On or before September 21, 1995, Landlord's designer shall complete Landlord’s Work by and finalize the Target Date (the “Target Date”) architectural drawings which is shown in the Basic Leasing Information of this Lease. Landlord’s obligation as to work are to be performed coordinated with the structural, mechanical and electrical drawings prepared by Landlord's engi neers pursuant to the previous paragraph. The architectural drawings shall include: (i) a work schedule; and (ii) special blocking requirements for those walls and/or partitions which will be required to support special weight loads as a result of Tenant's contemplated design, if anyfurniture location and similar matters. All costs for the initial development of the architectural, is solely as set forth in Exhibit “B-1”. Once Landlord has completed Landlord’s Workmechanical, except for reasonable punch list itemselectrical, Landlord shall notify Tenant and Tenant will thereafter promptly begin the construction or installation of improvements and finishes which Tenant is to perform in the Leased Premises (“Tenant’s Work”) which structural drawings shall be in substantial accordance with the provisions of Exhibit “B-2” attached to and made a included as part of this Leasethe cost of the Tenant Improvements. If Landlord is not obligated to perform any Upon completion of the drawings by Landlord’s Work's engineers and Landlord's designer, Tenant will begin the construction or installation of drawings shall be promptly reviewed by Tenant’s Work immediately after this Lease is executed (subject to the pre-construction requirements set forth in this Lease). In the event Tenant is desires to perform make any Tenant’s workchanges in these drawings, within 15 days following Landlord must approve the full execution of this Lease, but in changes and Tenant must pay all events prior costs associated with the changes. Landlord shall have no obligation to Tenant constructing or performing commence any portion of Tenant’s Work work in the Leased Premises, Premises until Tenant shall:shall have approved the drawings by affixing its signature to each sheet of the drawings. Such signed drawings shall be referred to herein as the "Working Drawings." ---------------- (ic) submit to Landlord for Landlord’s prior written approval (and 's contractor shall obtain Landlord’s prior written approval) which Landlord shall exercise reasonablyperform all work in, detailed plans and specifications for all of Tenant’s Work prepared by an architect reasonably satisfactory to Landlord, generally conforming to the provisions of Exhibit “B-2”, along with samples for all of the Tenant finishes in the Leased Premises; (ii) obtain Landlord’s approval of the general contractor which Tenant intends to use. In connection with that approval, Tenant shall provide Landlord with financial information and other information on the contractor and evidence that the contractor has reasonable insurance coverage, all of which must meet Landlord’s approval; (iii) obtain all required permits; (iv) provide Landlord with a certified copy of each insurance policy required pursuant to this Lease; and (v) provide a complete list of all approved contractors (general and sub) who will be working within the Leased Premises. Tenant agrees that all improvements or alterations made by it pursuant to this Lease will be performed in a good and workmanlike manner and that once Tenant begins construction of any improvements or alterations, it will diligently pursue such work to completion. In addition, after completion of construction, Tenant agrees to diligently pursue obtaining an occupational license and a Certificate of Occupancyon, and all other permits, licenses and approvals as are necessary and required by all state and local governmental agencies or authorities. If Tenant does not fully comply with the provisions of this Paragraph, it will be considered a default of this Lease, and Landlord will have the right, in addition to all other rights and remedies, at Landlord’s option, to re-enter about the Leased Premises in accordance with Building Standard, unless otherwise agreed to in writing by Landlord and complete Tenant’s Work or any other improvements or alterations . The cost of Tenant Improvements to be made by Landlard which exceed the Tenant Improvement Allowance (including non-standard architectural, structural, mechanical, fire protection, telephone system and electrical work), shall be at Tenant's expense. Tenant shall, unless waived by Landlord, deposit 50% of the estimated cost of all such Tenant Improvements to be constructed by Landlord which exceed the Tenant Improvement Allowance (as it may be increased under (d) below and of all other Tenant Improvements which Tenant is to pay the cost of, with Landlord prior to commencement of such work, and Tenant shall pay the actual cost thereof within ten days after receipt of billing from Landlord. Such billing may be made periodically as the work is completed. Unless otherwise agreed to in writing by Landlord and Tenant, at Tenant’s sole cost and expense, which Tenant agrees to reimburse Landlord upon demand. Within five (5) business days of all work involved in the completion of Tenant’s Work Tenant Improve ments shall be carried out by Landlord's Contractor under the sole direction of Landlord. Tenant and Landlord shall cooperate with each other and with Landlord's Contractor to promote the efficient and expeditious completion of any other improvements or alterations approved such work. (d) If Tenant requires an increase in the Tenant Improvement Allowance, it shall give notice to Landlord by October 6, 1995. In that event, Landlord and made agrees to increase it by the amount requested by Tenant, up to a maximum of $5.00 for each square foot of Rentable Area of the Premises. This increased amount shall be repaid to Landlord by Tenant shall notify in monthly amortized installments at the rate of 11% per annum over the first five years of the Lease Term, by adding that amount to the monthly Base Rent. For example, if the Tenant Improvement Allowance were increased by $5.00 for 60,000 square feet of Rentable Area, the monthly Base Rent for five years would be increased by $1.30 for each square foot of Rentable Area. 2. Changes to the approved Working Drawings may be made only by written - direction to Landlord stating on a form approved by Landlord, which direction must be signed by an authorized representative of Tenant. Landlord may require, as a condition to any change, that Tenant deposit with Landlord, as a condition to Landlord's consent to such change, all costs which Landlord estimates Landlord will incur by virtue of such change, including, but not limited to, the Tenant’s Workcosts of design, labor, materials, supplies, architectural services, engineering, estimating, printing, and if applicable, any other improvements or alterations are completed. Within ten (10) days of receipt of this notice from Tenant, Landlord shall have the option to inspect and approve Tenant’s Workincidental expenses, and if applicable, any other improvements or alterations to insure that they were performed in accordance with the plans and specifications approved additional costs incurred by Landlord as a result of such change, shall be paid for in full by Tenant upon billing by Landlord. 3. Only with Landlord's express written permission shall Tenant ever - alter or modify or in any manner disturb: (a) Any system or installation of the Building, including, but not limited to, Central (as defined below) plumbing system, Central electrical system, Central heating, ventilating and to insure that no defects exist. If Landlord determines that any defects exist or that the Tenant’s Workair conditioning systems, Central fire protection and fire alert systems, Central building maintenance systems, Central structural systems, elevators, and if applicable, any other improvements or alterations were not performed in accordance with anything located within the plans and specifications, Landlord shall notify Tenant and Tenant shall thereafter within a reasonable time frame correct the defect(s), at Tenant’s sole cost and expense. If such correction is not timely made by Tenant, this Lease may, in Landlord’s sole discretion, and without limiting its other rights and remedies, be terminated and Tenant, upon request from Landlord, shall immediately remove all improvements and alterations, and shall return the Leased Premises to the condition they were in prior to Tenant’s occupation Central core of the Leased Premises. Except for that contemplated under Landlord’s Work, Tenant shall be responsible for all costs associated with Tenant’s Work, and if applicable, all other improvements Building; or (b) Any Branch (as defined below) of any system or alterations to installation of the Building which is located within the Leased Premises, including, but not limited to, preparation Branch electrical system, Branch heating, ventilating and air conditioning system, and Branch fire protection and alert system. For the purposes of this Section 2.3, "Central" shall be defined as that portion ------- of any Building system or component which is within the core and/or common to and/or serves or exists for the benefit of other tenants in the Building, and "Branch" shall be defined as that portion of any Building system or component ------ which serves to connect or extend Central systems into the Leased Premises, preparation of the plans and specifications, architectural, engineering, and construction costs and the costs of obtaining any and all governmental approvals, permits and licenses. If the occurrence of any condition set forth in this section shall be delayed due to any act or omission of Tenant, the Leased Premises shall be deemed ready for occupancy, and the Commencement Date shall occur, on the date when said condition would have been met but for such delay in Landlord’s reasonable opinion. Landlord’s notice to Tenant of the meeting of any condition set forth in this section shall be definitive evidence of the same.