Common use of Completion of Tenant’s Work Clause in Contracts

Completion of Tenant’s Work. All work necessary for Tenant to conduct its business in the Premises and not included in Landlord’s Work shall be performed by Tenant and is deemed to be “Tenant Fixturing”. Landlord shall have the right to approve of all architects, engineers, contractors and subcontractors retained by Tenant. Tenant will do and perform at its expense all Tenant Fixturing (a) diligently and promptly, (b) in a good and workmanlike manner, (c) in compliance with all applicable federal, state and local laws, regulations and ordinances and (d) in a lien-free manner. The costs incurred by Tenant in performing the Tenant Fixturing shall not be subject to the Tenant Improvement Allowance. Tenant shall use diligent efforts to follow the construction schedule set forth in section B, below, provided, however, at Tenant’s request Landlord shall assist Tenant in working with Contractor for the installation of portions of the Tenant Fixturing at the appropriate stage of completion of the Landlord’s Work even if the Commencement Date under the Lease has not yet occurred. Before doing any Tenant Fixturing, Tenant must receive prior approval for the plans and specifications for Tenant Fixturing from Landlord. Landlord shall have no liability whatsoever for any defects, errors or omissions in such plans and specifications or as a result of its approval nor shall Landlord be deemed to have warranted or represented that the same comply with applicable codes, regulations, ordinances, covenants or restrictions affecting the construction of improvements on the Premises, and Tenant shall have sole responsibility for compliance with all such matters. No work performed by Tenant is in lieu of current rent or an advance rental payment, nor is any such work deemed of any value to Landlord at the termination or cancellation of this Lease. Tenant will be responsible for all necessary permits and approvals required to pursue Tenant Fixturing. Tenant’s Work will not materially hinder or interfere with the conducting of business by other tenants. Tenant’s contractor or subcontractors will not at any time damage, injure, interfere with or delay any other construction within the Building. Prior to commencement of construction of the Tenant Fixturing, all architectural and engineering consultants and all contractors shall submit to Landlord certificates of (i) general liability insurance with a minimum of $2,000,000 coverage also listing Landlord as an additional insured on a primary basis and (ii) workers compensation insurance required by law. Tenant shall indemnify Landlord and save Landlord harmless from and against any and all claims, liens, costs and expenses on account of the Tenant Fixturing. Any development of the Premises other than in material accordance with the approved plans and specifications shall, at the option of Landlord, constitute a default under the terms, conditions and provisions of the Lease, and Landlord shall be entitled to enjoin such development in addition to all other rights or remedies Landlord may have, it being expressly acknowledged and agreed by the parties that monetary damages would be an inadequate remedy in such event. Tenant shall ensure all Common Areas will be free and clear of construction materials and any Common Areas affected by Tenant’s construction will be cleaned on a daily basis or more often as conditions, in Landlord’s reasonable opinion, require. Tenant shall be solely responsible for worksite safety and the means and methods of construction. Tenant is also responsible for the security of the Premises and for theft or damage to the property during construction. Tenant agrees that all waste, garbage and debris resulting from any work performed by Tenant or Tenant’s contractors or subcontractors shall be removed from the Premises at Tenant’s sole cost and expense. Landlord shall have the right to inspect the Premises and the conduct of Tenant’s Fixturing periodically and upon completion of construction. Upon completion of construction, Tenant shall furnish to Landlord lien waivers from all contractors, subcontractors and materialmen involved in the construction of Tenant’s Fixturing.

Completion of Tenant’s Work. All work necessary for Tenant to conduct its business in the Premises and not included in Landlord’s Work shall be performed by Tenant and is deemed to be “Tenant Fixturing”. Landlord shall have the right to approve of all architects, engineers, contractors and subcontractors retained by Tenant. Tenant will do and perform at its expense all Tenant Fixturing (a) diligently and promptly, (b) in a good and workmanlike manner, (c) in compliance with all applicable federal, state and local laws, regulations and ordinances and (d) in a lien-free manner. The costs incurred by Tenant in performing Provided that the Tenant Fixturing shall not be subject to the Tenant Improvement Allowance. Tenant shall use diligent efforts to follow the construction schedule set forth in section B, below, provided, however, at Tenant’s request Landlord shall assist Tenant in working with Contractor for the installation of portions has substantially completed all of the Tenant Fixturing at the appropriate stage of completion of the Landlord’s Work even if the Commencement Date under the Lease has not yet occurred. Before doing any Tenant Fixturing, Tenant must receive prior approval for the plans and specifications for Tenant Fixturing from Landlord. Landlord shall have no liability whatsoever for any defects, errors or omissions in such plans and specifications or as a result of its approval nor shall Landlord be deemed to have warranted or represented that the same comply with applicable codes, regulations, ordinances, covenants or restrictions affecting the construction of improvements on the Premises, and Tenant shall have sole responsibility for compliance with all such matters. No work performed by Tenant is in lieu of current rent or an advance rental payment, nor is any such work deemed of any value to Landlord at the termination or cancellation of this Lease. Tenant will be responsible for all necessary permits and approvals required to pursue Tenant Fixturing. Tenant’s Work will not materially hinder or interfere with the conducting of business by other tenants. Tenant’s contractor or subcontractors will not at any time damage, injure, interfere with or delay any other construction within the Building. Prior sufficiently to commencement of construction of the Tenant Fixturing, all architectural and engineering consultants and all contractors shall submit to Landlord certificates of (i) general liability insurance with a minimum of $2,000,000 coverage also listing Landlord as an additional insured on a primary basis and (ii) workers compensation insurance required by law. Tenant shall indemnify Landlord and save Landlord harmless from and against any and all claims, liens, costs and expenses on account of the Tenant Fixturing. Any development of the Premises other than in material accordance with the approved plans and specifications shall, at the option of Landlord, constitute a default under the terms, conditions and provisions of the Lease, and Landlord shall be entitled to enjoin such development in addition to all other rights or remedies Landlord may have, it being expressly acknowledged and agreed by the parties that monetary damages would be an inadequate remedy in such event. Tenant shall ensure all Common Areas will be free and clear of construction materials and any Common Areas affected by Tenant’s construction will be cleaned on a daily basis or more often as conditions, in Landlord’s reasonable opinion, require. Tenant shall be solely responsible for worksite safety and the means and methods of construction. Tenant is also responsible for the security permit opening of the Premises and for theft or damage the commencement of the Tenant’s business in accordance with the requirements of this Lease and the Tenant’s Plans, the Tenant shall deliver to the property during construction. Landlord the following: (a) a statutory declaration of an officer of the Tenant agrees that that: a. all wastegeneral contractors, garbage sub-contractors, suppliers and debris resulting from other persons having provided any work performed by Tenant or materials to the Property in connection with the Tenant’s Work have been fully paid by the Tenant in connection with their work or supply; b. all holdbacks by the Tenant mandated under the Builders Lien Act (British Columbia) (the “Act”) have been lawfully released to any person properly entitled thereto; c. no person could lawfully claim any builders' lien or construction lien under the Act in the Lands on account of, or related to, completion of the Tenant’s Work; and d. any applicable statutory periods provided for under the Act for registration of builders' liens have expired, without any registered liens or notices of lien being communicated to the Tenant; e. a copy of the Certificate of Completion, as defined under the Act, together with evidence of posting of a copy of such certificate in accordance with the Act; f. a certified certificate of title for the Property evidencing that as of the date of the statutory declaration, no builders’ liens have been registered against the Property in connection with the Tenant’s Work; g. the delivery to the Landlord of proof of payment of worker's compensation assessments for all the Tenant's contractors and subcontractors; and h. receipted invoices verifying the actual cost of completing the Tenant’s Work in the Premises. (collectively, the “Required Deliverables”). (b) In the event of any dispute as to the accuracy or subcontractors content of any of the Required Deliverables, the Landlord and Tenant shall make reasonable efforts to reach agreement as to the discrepancy or dispute within (7) days of the delivery of the Required Deliverables. In the event no resolution can be reached between the Tenant and the Landlord in the timeframe stipulated in this section, such dispute shall be removed from determined via arbitrator by three arbitrators, one to be chosen by each of the Premises at Tenant’s sole cost and expense. Landlord shall have the right to inspect the Premises and the conduct Tenant and the third to be chosen by the two arbitrators nominated by Landlord and Tenant pursuant to the provisions of Tenant’s Fixturing periodically the British Columbia Arbitration Act, and any amendments thereto, or such like statute in effect from time to time. The decision of such arbitrators shall be final and binding upon completion the parties and the cost of construction. Upon completion such arbitration shall be borne equally by the parties, and except as otherwise provided for herein, the provisions of construction, Tenant the Arbitration Act shall furnish to Landlord lien waivers from all contractors, subcontractors and materialmen involved in the construction of Tenant’s Fixturingapply.

Completion of Tenant’s Work. All work necessary for Tenant to conduct its business Tenant's Work may be performed throughout the Term after Tenant's Work Plans have become the Approved Tenant's Work Plans in accordance with the Premises and not included in Landlord’s terms of subsection 5.2 hereof, at the discretion of Tenant, provided that Tenant's Work shall be performed by Tenant Substantially Completed and is deemed to be “Tenant Fixturing”. Landlord shall have the right to approve all of all architects, engineers, contractors and subcontractors retained by Tenant. Tenant will do and perform at its expense all Tenant Fixturing (a) diligently and promptly, (b) in a good and workmanlike manner, (c) in compliance with all applicable federal, state and local laws, regulations and ordinances and (d) in a lien-free manner. The costs incurred by Tenant in performing the Tenant Fixturing shall not be subject to the Tenant Improvement Allowance. Allowance utilized within twenty four (24) months after the Commencement Date of the Lease ("Tenant shall use diligent efforts to follow the construction schedule set forth in section B, below, Allowance Stop Date"); provided, however, at that if all of Tenant’s request Landlord shall assist Tenant in working with Contractor for the installation of portions 's Work has not been Substantially Completed and all of the Tenant Fixturing at the appropriate stage of completion of the Landlord’s Work even if Improvement Allowance utilized within twelve (12) months after the Commencement Date under the Lease has not yet occurred. Before doing any Tenant Fixturing, Tenant must receive prior approval for the plans and specifications for Tenant Fixturing from Landlord. Landlord shall have no liability whatsoever for any defects, errors or omissions in such plans and specifications or as a result of its approval nor shall Landlord be deemed to have warranted or represented that the same comply with applicable codes, regulations, ordinances, covenants or restrictions affecting the construction of improvements on the Premises, and Tenant shall have sole responsibility for compliance with all such matters. No work performed by Tenant is in lieu of current rent or an advance rental payment, nor is any such work deemed of any value to Landlord at the termination or cancellation of this Lease. Tenant will be responsible for all necessary permits and approvals required to pursue Tenant Fixturing. Tenant’s Work will not materially hinder or interfere with the conducting of business by other tenants. Tenant’s contractor or subcontractors will not at any time damage, injure, interfere with or delay any other construction within the Building. Prior to commencement of construction of the Tenant Fixturing, all architectural and engineering consultants and all contractors shall submit to Landlord certificates of (i) general liability insurance with a minimum of $2,000,000 coverage also listing Landlord as an additional insured on a primary basis and (ii) workers compensation insurance required by law. Tenant shall indemnify Landlord and save Landlord harmless from and against any and all claims, liens, costs and expenses on account of the Tenant Fixturing. Any development of the Premises other than in material accordance with the approved plans and specifications shall, at the option of Landlord, constitute a default under the terms, conditions and provisions of the Lease, any amount of the Tenant Improvement Allowance which remains in Landlord's Escrow Account as of such date may be transferred by Landlord to an operating account and may be utilized by Landlord for any purpose whatsoever (which utilization by Landlord shall be not reduce the total amount of Tenant Improvement Allowance to which Tenant is entitled to enjoin such development in addition to all other rights or remedies Landlord may have, it being expressly acknowledged hereunder) unless and agreed by the parties that monetary damages would be an inadequate remedy in such event. until Tenant shall ensure all Common Areas will be free request a disbursement thereof (or portion thereof) prior to the Tenant Allowance Stop Date in the same manner and clear in compliance with the terms set forth in subsection 2.1 hereof for disbursements from Landlord's Escrow Account. Any amount of construction materials and any Common Areas affected by Tenant’s construction will be cleaned on a daily basis or more often as conditions, the Tenant Improvement Allowance remaining in Landlord’s reasonable opinion, require. 's operating account after the Tenant Allowance Stop Date shall be solely responsible disbursed to Landlord within ten (10) days thereafter. If Tenant requires Landlord to perform Tenant's Work hereunder, any delay in performing such work shall extend the time for worksite safety and the means and methods of construction. Tenant Tenant's Work to be Substantially Completed, unless such delay is also responsible for the security of the Premises and for theft or damage to the property during construction. Tenant agrees that all waste, garbage and debris resulting from any work performed caused by Tenant or Tenant’s contractors or subcontractors shall be removed from the Premises at Tenant’s sole cost and expense. Landlord shall have the right to inspect the Premises and the conduct of Tenant’s Fixturing periodically and upon completion of construction. Upon completion of construction, Tenant shall furnish to Landlord lien waivers from all contractors, subcontractors and materialmen involved in the construction of Tenant’s Fixturingby Force Majeure.

Completion of Tenant’s Work. All work necessary for (1) The Tenant’s Refurbishment Work and any other improvements to be completed by Tenant with respect to conduct its business in the Original Premises and the Expansion Premises, and the Tenant Expansion Work for the Second Expansion Premises if Tenant exercises the Option to Lease, shall be considered for purposes of this Section 9 to be “Tenant’s Work” All plans, specifications and other detailed construction drawings and material for any aspect of the Tenant Work that have to be submitted to Landlord for approval shall be deemed to be “Plans and Specifications”. All Plans and Specifications approved or deemed approved by Landlord shall be “Approved Plans and Specifications”. (2) The Plans and Specifications for the Second Expansion Premises shall be subject to Landlord’s review and approval, which shall not included be unreasonably withheld. Landlord shall accept or notify Tenant of its objections to such Plans and Specifications within five (5) Business Days after receipt thereof; provided however, that if the Plans and Specifications for the Second Expansion Premises are substantially similar to and consistent with the current build out, finish and improvement of other portions of the Original Premises and the Expansion Premises, then such submittal will be presumed to be a submittal that Landlord would approve, and if Landlord has objections or disapproves such submittal, Landlord will detail with specificity the changes that are revisions that are required that are not related to the aspects that are substantially similar and consistent with current build out, finish and improvement of other portions of the Original Premises and the Expansion Premises. In the event Landlord fails to either accept the Plans and Specifications or notify Tenant of its objections to such Plans and Specifications within the five (5) Business Day time period, then the Plans and Specifications shall be deemed approved by Landlord. If the Plans and Specifications are not acceptable, Landlord shall notify Tenant in writing of the reasons for such disapproval and required revisions and amendments thereto, and Tenant shall have five (5) days after receipt of Landlord’s notice thereafter to correct and revise and submit amended Plans and Specifications to Landlord for consideration. Once Landlord approves the Plans and Specifications, Tenant shall, within fifteen (15) days, provide Landlord with one (1) set of the Plans and Specifications which shall be signed and dated by both parties (and any changes to the Plans and Specifications shall be made only by written addendum signed by both parties). (3) All inspections and approvals necessary and appropriate to complete Tenant’s Work in accordance with the Approved Plans and Specifications and as necessary to obtain a certificate of use and occupancy as hereinafter provided are the responsibility of Tenant and its general contractor. Tenant shall arrange a meeting prior to the commencement of construction between Landlord, Tenant and Tenant’s contractor for the purpose of organizing and coordinating the completion of Tenant’s Work. (4) All of Tenant’s Work shall be performed by Tenant and is deemed to be “Tenant Fixturing”. Landlord shall have the right to approve of all architects, engineers, contractors and subcontractors retained by Tenant. Tenant will do and perform at its expense all Tenant Fixturing (a) diligently and promptly, (b) completed in a good and workmanlike manner, (c) manner and shall be in conformity with the applicable building codes. All Tenant Work shall be performed in compliance with all applicable federal, state the terms of the Lease and local laws, regulations and ordinances and (d) in a lien-free manner. The costs incurred by Tenant in performing the Tenant Fixturing shall not be subject pursuant to the Tenant Improvement AllowanceApproved Plans and Specifications, and by qualified, licensed and insured contractors and subcontractors all as approved by Landlord (“Tenant’s Contractors”). Tenant’s Contractors shall carry insurance in such amounts as Landlord may reasonably required naming Landlord as additional insured. Tenant shall use diligent efforts to follow supervise and oversee the construction schedule set forth in section B, below, provided, however, at Tenant’s request Landlord shall assist Tenant in working with Contractor for the installation of portions performance of the Tenant Fixturing at the appropriate stage of completion of the LandlordRefurbishment by Tenant’s Work even if the Commencement Date under the Lease has not yet occurred. Before doing any Contractors and Tenant Fixturing, Tenant must receive prior approval for the plans hereby acknowledges and specifications for Tenant Fixturing from Landlord. agrees that Landlord shall have no liability whatsoever for any defects, errors or omissions in such plans and specifications or as a result of its approval nor shall Landlord be deemed to have warranted or represented that the same comply with applicable codes, regulations, ordinances, covenants or restrictions affecting the construction of improvements on the Premises, and Tenant shall have sole responsibility for compliance with all such matters. No work performed by Tenant is in lieu of current rent or an advance rental payment, thereto nor is any such work deemed of any value Landlord requiring said Tenant Refurbishment pursuant to Landlord at the termination or cancellation of this Lease. Tenant will shall be responsible for obtaining any and all necessary building permits or other authorizations required by any governmental authority in connection with Tenant Work. (5) Upon substantial completion of Tenant’s Work, Tenant shall furnish to Landlord: (i) a certificate of use and/or occupancy issue by the appropriate governmental authority and approvals required to pursue Tenant Fixturing. other evidence due for work done and materials furnished in completing Tenant’s Work will not materially hinder have been paid; and (ii) a notarized affidavit from Tenant’s contractor(s) listing the amounts paid and stating that all amounts due for work done and materials furnished in completing Tenant’s Work have been paid; and (iii) release of lien from any subcontractor or interfere material supplier that has given Landlord a Notice to Owner pursuant to Florida law; and (iv) “as built” drawings of the Leased Premises, with a list and description of all work performed by the contractors, subcontractors, and material suppliers. (6) In connection with the conducting of business by other tenants. Tenant’s contractor Work, Tenant hereby specifically acknowledges and agrees that any improvements or subcontractors will not modifications to the Leased Premises, including without limitation, the Second Expansion Premises and/or Building II required to bring the same into compliance with current applicable laws, rules, regulations and building codes, shall be at any time damage, injure, interfere with or delay any other construction within the Building. Prior to commencement of construction sole cost of the Tenant Fixturing, all architectural and engineering consultants and all contractors shall submit to Landlord certificates of (i) general liability insurance with a minimum of $2,000,000 coverage also listing Landlord as an additional insured on a primary basis and (ii) workers compensation insurance required by law. Tenant shall indemnify Landlord and save Landlord harmless from and against any and all claims, liens, be included within the costs and expenses on account described in Section 8 above or in the approved budget for Tenant’s Work constituting part of the Tenant FixturingApproved Plans and Specifications. Any development For example, but not by way of limitation of the Premises other than in material accordance with the approved plans and specifications shallforegoing, at the option of Landlord, constitute a default under the terms, conditions and provisions of the Lease, and Landlord shall be entitled to enjoin such development in addition to all other rights or remedies Landlord may have, it being expressly acknowledged and agreed by the parties that monetary damages would be an inadequate remedy in such event. Tenant shall ensure all Common Areas will be free and clear of construction materials and any Common Areas affected by Tenant’s construction will be cleaned on a daily basis or more often as conditions, in Landlord’s reasonable opinion, require. Tenant shall be solely responsible at its cost for: any alteration or improvements required to bring the Second Expansion Premises into compliance with the Americans with Disabilities Act (ADA) or other laws, rules and regulations above existing ceilings within the Second Expansion Premises; correcting deficiencies in core walls and above the existing ceiling within the Second Expansion Premises, modifying egress lighting and adding battery pack lights, and additional wire supports for worksite safety existing light fixtures. Tenant shall not be responsible for any alteration or improvements required to bring any common areas or other areas controlled by the Landlord within Building II (such as stairways, entrances, surroundings, and the means lobby) into compliance with the Americans With Disabilities Act (ADA) or other laws, rules and methods regulations, unless such alterations or improvements are due to the Tenant Work or other improvements to be made under the terms of constructionthis Lease. (7) No portion of the Leased Premises or the Project shall be subject to any liens for improvements made by Tenant. Tenant is also responsible for shall keep the security of the Leased Premises and for theft the Project free from any liens arising out of any labor, services, materials, supplies or damage equipment furnished or alleged to have been furnished to Tenant. Tenant acknowledges that Landlord has filed a certain Statement by Property Owner Pursuant to Section 713.10, Florida Statutes Prohibiting Construction Liens, dated October 24, 2008 and recorded October 29, 2008 in Official Records Book 9782, Page 7029, Public Records of Orange County, Florida (the “Statement Prohibiting Construction Liens”), which applies to the property during constructionProject. Tenant agrees that all waste, garbage and debris resulting from any work performed by Tenant or to notify each of Tenant’s contractors in writing that no portion of the Leased Premises or subcontractors the Project shall be removed from subject to any liens for improvements made by Tenant, and provide a copy of the Premises at Tenant’s sole cost Statement Prohibiting Construction Liens to each and expense. Landlord shall have every contractor engaged by Tenant for performance of any part of, or delivery of materials for, the right Tenant Work, and will also require such contractors and material suppliers to inspect the Premises and the conduct provide a copy to each of Tenant’s Fixturing periodically and upon completion of construction. Upon completion of construction, Tenant shall furnish to Landlord lien waivers from all contractors, their subcontractors and materialmen involved in the construction of Tenant’s Fixturingmaterial suppliers.