Common use of CONSTRUCTION AND ACCEPTANCE OF PREMISES Clause in Contracts

CONSTRUCTION AND ACCEPTANCE OF PREMISES. 2.1 Landlord agrees that it will promptly commence and diligently pursue the construction of those building and improvements shown on Exhibit “A” which will contain the Premises as designated on Exhibit “B” and with respect to the Premises will complete Landlord’s Work as defined in Exhibit “C” on or before the Scheduled Completion Date, with such minor variations as Landlord may deem reasonably necessary due to unavailability of materials. Tenant shall have no right to enter or occupy the Premises until the Premises are Ready for Occupancy, except for purposes of installing vaults which of its nature requires installation prior to opening for business with prior written approval and consent from Landlord and provided such work must accommodate Landlord’s construction schedule and process. Notwithstanding anything to the contrary contained in this Lease, in the event that Landlord does not deliver the Premises to the Tenant in the condition required under this within ninety (90) days following the Scheduled Completion Date, Tenant may, in its sole discretion, elect to terminate this Lease upon five (5) days written notice to Landlord provided such notice is given within thirty (30) days following such period. 2.2 Tenant agrees to submit to Landlord plans and specifications for any and all improvements which are Landlord’s responsibility, within sixty (60) days after the date of this lease, in such detail as Landlord may reasonably request covering Tenant’s Work as specified in Exhibit “C”, and any other work which Tenant proposes to do in the Premises. Such plans and specifications shall substantially comply with all requirements set forth in Exhibit “C”. Tenant shall not commence any work in the Premises until Landlord has approved such plans and specifications, in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove (with reasonable specificity) Tenant’s plans and specifications in writing within thirty (30) days after Landlord has received the same from Tenant. In the event that Landlord fails to timely approve or disapprove Tenant’s plans and specification as required herein, then Landlord shall be deemed to have granted its approval. 2.3 Upon written notification from Landlord that the Premises are Ready for Occupancy, Tenant agrees to take possession and proceed with commercially reasonable due diligence to perform the work described in such plans and specifications which have been approved by Landlord and to install its fixtures, furniture, and equipment in the Premises. Upon occupying the Premises, Tenant shall be deemed to have acknowledged that the Landlord has complied with all of its covenants and obligations with respect to the construction of the Premises, except for punch list items and defects in Landlord’s Work which are latent at the time the Premises are occupied. (a) Unless delayed by events of force majeure or other events beyond Tenant’s reasonable control, Tenant agrees to employ reasonable efforts to open the Premises to the public for business within one hundred eighty (180) days after the Premises are Ready for Occupancy, except that Tenant shall not be obligated to open the Premises to the public for business until Landlord has substantially completed construction of the Shopping Center; including all Common Areas. (b) In the event that Tenant fails to open the Premises for business fully fixtured, stocked, and staffed within one hundred and eighty (180) days from the Rental Commencement Date, then, unless such delay is caused or occasioned by Landlord or events of force majeure or other events beyond Tenant’s reasonable control, the Tenant shall be in default hereunder. 2.5 Intentionally Deleted. 2.6 Intentionally Deleted. Please initial: Landlord: Tenant: 2.7 Intentionally Deleted.

CONSTRUCTION AND ACCEPTANCE OF PREMISES. 2.1 A. Within six (6) months from the Commencement Date, the Tenant will submit to the Landlord a detailed plan of the changes and modifications to the Premises it may desire. The Landlord will then retain the architectural firm of Tsolinas/Xxxxxx & Associates, to prepare detailed architectural, engineering, electrical, and mechanical working drawing plans, hereinafter referred to as the "Tenant Plans", for all work requested by the Tenant, said work hereinafter referred to as "Tenant Improvements". The Tenant Plans are subject to the written approval of the Landlord and the Tenant, which both parties agree shall not be unreasonably withheld or delayed. When the Tenant Plans have been fully approved by the Landlord and the Tenant, they will be attached to this Lease, labeled Exhibit A, and made a part hereof as if they were part of this Lease at the time of the execution hereof. B. The Landlord agrees to construct the Tenant Improvements and any Additional Tenant Improvements (as defined hereinafter), in accordance with the Tenant Plans and Change Orders (as defined hereinafter), at the sole cost and expense of the Landlord, provided the cost and expense of constructing same does not exceed the sum of One Hundred Thirty Four Thousand Dollars ($134,000), which is based upon Six and 50/100 Dollars ($6.50) per Rentable Square Feet. The fees and costs of Tsolinas/Xxxxxx & Associates shall be considered part of the costs of the Tenant Improvements. The general contractor constructing the Tenant Improvements will be CFM Construction Company. The Landlord agrees that it will promptly commence the aggregate of all fees charged by the general contractor for profit, overhead and diligently pursue supervision shall not exceed Fifteen Percent (15%) of the construction total cost of those building the Tenant Improvements or the Additional Tenant Improvements. C. Any additional work or changes requested by the Tenant and improvements shown on Exhibit “A” which will contain not a part of the Premises originally approved Tenant Plans, shall be set forth in written orders (herein referred to as designated on Exhibit “B” "Change Orders"), detailing the additional work or changes and with respect the cost and expense (and/or credits, if any) thereof. All approved additional work and changes shall be referred to herein as "Additional Tenant Improvements". All Change Orders must be signed and approved by both the Tenant and Landlord. D. In the event the total costs of the Tenant Improvements and Additional Tenant Improvements are in excess of One Hundred Thirty Four Thousand Dollars ($134,000), said excess shall hereinafter be referred to "Tenant's Share of Tenant Improvements", and shall be paid to the Premises will complete Landlord’s Work as defined in Exhibit “C” on or before Landlord by the Scheduled Completion DateTenant upon the determination of the actual aggregate costs. In the event the costs of the Tenant Improvements and the Additional Tenant Improvements do not exceed One Hundred Thirty Four Thousand Dollars ($134,000), with such minor variations as Landlord may deem reasonably necessary due to unavailability of materials. the Tenant shall have no right to enter or occupy the Premises until the Premises are Ready for Occupancy, except for purposes of installing vaults which of its nature requires installation prior to opening for business with prior written approval and consent from Landlord and provided such work must accommodate Landlord’s construction schedule and process. Notwithstanding anything not be entitled to the contrary contained said savings in this Leasean abatement of Rental nor in any other payment or compensation. E. When the Tenant Improvements and/or Additional Tenant Improvements are Substantially Complete, in the event that Landlord does not deliver the Premises to shall so notify the Tenant in the condition required under this within ninety (90) days following the Scheduled Completion Date, Tenant may, in its sole discretion, elect to terminate this Lease upon writing. Not later than five (5) business days written notice to Landlord provided such notice is given within thirty (30) days following such period. 2.2 thereafter, the Tenant agrees to submit inspect the Premises with the Landlord. Should the inspection reveal that certain items of Tenant Improvements have not been completed or are not in compliance with the Tenant Plans, a written statement will jointly be prepared, and agreed to by both Landlord plans and specifications for Tenant, setting forth such items, which statement is hereinafter referred to as the "Punch List". The Landlord agrees to promptly complete and remedy the Punch List items. By occupying the Premises, the Tenant formally accepts and acknowledges that the Premises are in a condition complying with all of Landlord's covenants hereunder, with the exception of those items, if any, on the Punch List and any latent defects. F. No promise of the Landlord to alter, remodel or improve the Premises or the Building, and no representation respecting the condition of the Premises or the Building has been made by the Landlord to the Tenant unless the same is contained herein or made a part hereof. G. The construction and installation of all improvements which are Landlord’s responsibility, within sixty (60) days after Tenant Improvements and Additional Tenant Improvements shall be subject to the date approval of this lease, in such detail as Landlord may reasonably request covering Tenant’s Work as specified in Exhibit “C”the Village of Rolling Xxxxxxx, and any other work which Tenant proposes to do in the Premises. Such plans and specifications shall substantially comply with all requirements set forth in Exhibit “C”. Tenant shall not commence any work in the Premises until Landlord has approved such plans and specifications, in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove (with reasonable specificity) Tenant’s plans and specifications in writing within thirty (30) days after Landlord has received the same from Tenant. In the event that Landlord fails to timely approve or disapprove Tenant’s plans and specification as required herein, then Landlord shall be deemed to have granted its approvalgovernmental authority having jurisdiction thereof. 2.3 Upon written notification from Landlord that the Premises are Ready for Occupancy, Tenant agrees to take possession and proceed with commercially reasonable due diligence to perform the work described in such plans and specifications which have been approved by Landlord and to install its fixtures, furniture, and equipment in the Premises. Upon occupying the Premises, Tenant shall be deemed to have acknowledged that the Landlord has complied with all of its covenants and obligations with respect to the construction of the Premises, except for punch list items and defects in Landlord’s Work which are latent at the time the Premises are occupied. (a) Unless delayed by events of force majeure or other events beyond Tenant’s reasonable control, Tenant agrees to employ reasonable efforts to open the Premises to the public for business within one hundred eighty (180) days after the Premises are Ready for Occupancy, except that Tenant shall not be obligated to open the Premises to the public for business until Landlord has substantially completed construction of the Shopping Center; including all Common Areas. (b) In the event that Tenant fails to open the Premises for business fully fixtured, stocked, and staffed within one hundred and eighty (180) days from the Rental Commencement Date, then, unless such delay is caused or occasioned by Landlord or events of force majeure or other events beyond Tenant’s reasonable control, the Tenant shall be in default hereunder. 2.5 Intentionally Deleted. 2.6 Intentionally Deleted. Please initial: Landlord: Tenant: 2.7 Intentionally Deleted.

CONSTRUCTION AND ACCEPTANCE OF PREMISES. 2.1 o Landlord agrees that it will promptly commence and diligently pursue the construction of construct those building buildings and improvements shown on in Exhibit “A” "B" which will contain the Premises as designated on in Exhibit “"B” " and with respect to the Premises will complete Landlord’s 's Work as defined in Exhibit “" C” on or before the Scheduled Completion Date, ," with such minor variations as Landlord may deem reasonably necessary due to unavailability of materialsadvisable. Tenant shall have no right to enter or occupy the Premises until the Premises are Ready for Occupancy, except . If Landlord shall for purposes any reason fail to complete that part of installing vaults which of its nature requires installation Landlord's Work that is required in the Premises prior to opening for business with prior written approval and consent from Landlord and provided such work must accommodate Landlord’s construction schedule and process. Notwithstanding anything to the contrary contained in this Lease, in the event that Landlord does not deliver the Premises to the Tenant in the condition required under this within ninety (90) days following the Scheduled Completion Date, Landlord shall not be deemed to be in default hereunder or otherwise liable for damages to Tenant may, in its sole discretion, elect to terminate nor shall the Term or any provision of this Lease upon five (5) days written notice to Landlord provided such notice is given within thirty (30) days following such period. 2.2 be affected. o Tenant agrees to submit to Landlord plans and specifications for any and all improvements which are Landlord’s responsibility, within sixty thirty (6030) days after the date of this leaseLease, plans and specifications in such detail as Landlord may reasonably request covering Tenant’s 's Work as specified in Exhibit “"C”, " and any other work which that Tenant proposes to do in the Premises. Such plans and specifications shall substantially comply with all requirements set forth in Exhibit “C”. "C." Tenant shall not commence any work in the Premises until Landlord has approved such plans and specifications, specifications in writing, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Landlord shall approve or disapprove (with reasonable specificity) Tenant’s plans and specifications in writing within thirty (30) days after Landlord has received the same from Tenant. In the event that Landlord fails to timely approve or disapprove Tenant’s plans and specification as required herein, then Landlord shall be deemed to have granted its approval. 2.3 Upon written notification from Landlord that o When the Premises are Ready for Occupancy, Tenant agrees to take accept possession thereof and to proceed with commercially reasonable due diligence to perform the work described in such plans and specifications which that have been approved by Landlord Landlord, and to install its fixtures, furniture, furniture and equipment in the Premises. Upon By occupying the Premises, Tenant shall be deemed to have acknowledged that the Landlord has complied with all of its covenants and obligations with respect to the construction of the Premises, except for punch list items and defects in Landlord’s 's Work which that are latent at the time the Premises are occupied. In the event of any dispute concerning work performed or required to be performed in the Premises by Landlord or Tenant, the matter in dispute shall be submitted to Landlord's architect for determination and his certificate with respect thereto shall be binding upon Landlord and Tenant. (a) Unless delayed by events of force majeure or other events beyond Tenant’s reasonable control, Tenant agrees to employ reasonable efforts to open the Premises to the public for business within one hundred eighty thirty (18030) days after the Premises are Ready for Occupancy, except that Tenant shall not be obligated to open the Premises to the public for business until Landlord has substantially completed construction of the Shopping Center; including all Common Areas. (b) In the event that If Tenant fails to open the Premises for business fully fixtured, stocked, stock and staffed within one hundred and eighty (180) days from on the Rental Rent Commencement Date, then, unless such delay is caused or occasioned by Landlord or events of force majeure or other events beyond Tenant’s reasonable controlLandlord, the Landlord shall have, in addition to any and all remedies provided herein the right at its option to collect rent at a rate equal to 15% of the daily rate of the Minimum Guaranteed Rent for each and every day that Tenant shall fail to commence to do business as herein provided; said rent shall be in default hereunderaddition to the Minimum Guaranteed Rent and shall be deemed to be in lieu of any percentage rent that might have been earned during such period of the Tenant's failure to open. o Tenant shall execute and deliver to Landlord at the expiration or termination of this Lease, on Landlord's request, a quitclaim deed to the Premises in recordable form, designating Landlord as the grantee, and Tenant hereby irrevocably appoints Landlord, its successors and assigns, as the attorney in fact of Tenant to execute, seal and deliver such quitclaim deed on behalf of Tenant should Tenant refuse or fail to do so within ten (10) days after Landlord shall have given notice to Tenant requesting the execution, sealing and delivery of such quitclaim deed. o Landlord may, from time to time, do any one or more of the following with respect to any and all improvements, including without limitation, buildings and the Common Areas then existing in the Shopping Center (a) construct alterations therein; (b) construct additions thereto; (c) construct additional stories thereon; (d) construct additional buildings, free-standing or connected to then-existing buildings; (e) construct deck or elevated parking facilities free-standing or connected to then-existing buildings; or (f) rearrange, build upon or eliminate any Common Areas, provided that in no event shall there be provided less than the minimum parking facilities as set forth in Section 5.1 hereof. 2.5 Intentionally Deleted. 2.6 Intentionally Deleted. Please initial: Landlord: Tenant: 2.7 Intentionally Deleted.

CONSTRUCTION AND ACCEPTANCE OF PREMISES. 2.1 Section 1. All initial construction to be completed in the Leased Premises by Tenant, pursuant to Article XIV hereof (“Tenant’s Work”), must be approved by Landlord prior to commencement of construction. Within ten (10) business days after execution of this Lease by Tenant, Tenant shall deliver to Landlord for approval, all its drawings, plans, and specifications for Tenant’s Work. If Tenant’s drawings, plans and specifications for Tenant’s Work are not approved by Landlord, such approval not to be unreasonably withheld, Landlord shall provide notice of said disapproval to Tenant. Tenant shall deliver to Landlord for further consideration and approval of Landlord acceptable drawings, plans and specifications within ten (10) days of being provided notice of disapproval. Section 2. Upon delivery of the Leased Premises, Tenant agrees that it will to accept delivery of the Leased Premises as delivered, to enter upon them, to promptly commence and diligently pursue the construction of those building thereafter install its furniture, fixtures and improvements shown on Exhibit “A” which will contain the Premises as designated on Exhibit “B” equipment, and with respect to the Premises will complete Landlordperform Tenant’s Work as defined in described on Exhibit “C” on or before contemporaneously with the Scheduled Completion Date, with such minor variations as Landlord may deem reasonably necessary due to unavailability of materials. Tenant shall have no right to enter or occupy the Premises until the Premises are Ready for Occupancy, except for purposes of installing vaults which of its nature requires installation prior to opening for business with prior written approval and consent from Landlord and provided such work must accommodate remaining Landlord’s construction schedule and process. Notwithstanding anything to the contrary contained in this LeaseWork, in the event that Landlord does not deliver the Premises to the Tenant in the condition required under this within ninety (90) days following the Scheduled Completion Date, Tenant may, in its sole discretion, elect to terminate this Lease upon five (5) days written notice to Landlord provided such notice is given within thirty (30) days following such periodif any. 2.2 Tenant agrees Section 3. Landlord shall not be responsible nor have any liability whatsoever at any time for loss or damage to submit to Landlord plans and specifications for any and all improvements which are Landlord’s responsibility, within sixty (60) days after the date of this lease, in such detail as Landlord may reasonably request covering Tenant’s Work as specified in Exhibit “C”or to fixtures, and any equipment or other work which property of Tenant proposes to do in installed or placed Tenant on the Leased Premises. Such plans and specifications Any occupancy Tenant prior to the Lease Commenceme Date, even though rent free (if applicable) or for Tenant’s Work build-out purposes, shall substantially comply with in all requirements set forth respects be the same as that of a Tenant under this Lease; in Exhibit “C”. addition, Tenant shall not commence not, during any work in such occupancy, interfere with Landlord’s Work either to the Leased Premises until Landlord has approved such plans and specifications, in writing, which approval shall not be unreasonably withheld, conditioned or delayedto the Building. Landlord shall approve By occupying the Leased Premises as a Tenant or disapprove (with reasonable specificity) to complete Tenant’s plans Work and specifications in writing within thirty (30) days after Landlord has received the same from Tenant. In the event that Landlord fails to timely approve or disapprove Tenant’s plans and specification as required herein, then Landlord shall be deemed to have granted its approval. 2.3 Upon written notification from Landlord that the Premises are Ready for Occupancy, Tenant agrees to take possession and proceed with commercially reasonable due diligence to perform the work described in such plans and specifications which have been approved by Landlord and to install its fixtures, furniture, and equipment in the Premises. Upon occupying the Premisesfacilities or equipment, Tenant shall be deemed conclusively to have accepted the same and to have acknowledged that the Landlord has complied with all of its covenants and obligations with respect to Leased Premises are in the construction of the Premises, except for punch list items and defects in condition required by Landlord’s Work which are covenants described hereinabove. In no event shall Landlord be liable to Tenant for latent at the time the Premises are occupied. (a) Unless delayed by events of force majeure or other events beyond Tenant’s reasonable control, Tenant agrees to employ reasonable efforts to open the Premises to the public for business within defects more than one hundred eighty (180) days year after the Premises are Ready for Occupancy, except that Tenant shall not be obligated to open the Premises to the public for business until Landlord has substantially completed construction of the Shopping Center; including all Common Areas. (b) Lease Commencement Date. In the event that Tenant fails to open the Premises for business fully fixtured, stocked, and staffed within one hundred and eighty (180) days from the Rental Commencement Date, then, unless such delay is caused or occasioned by Landlord or events of force majeure or other events beyond Tenant’s reasonable controlany dispute, the Tenant certificate of Landlord’s architect or engineer shall be conclusive that the Leased Premises are in default hereunderthe condition required by this Lease. 2.5 Intentionally Deleted. 2.6 Intentionally Deleted. Please initial: Landlord: Tenant: 2.7 Intentionally Deleted.

CONSTRUCTION AND ACCEPTANCE OF PREMISES. 2.1 Landlord agrees that it will promptly commence and diligently pursue 3.1 Tenant acknowledges having been afforded the construction of those building and improvements shown on Exhibit “A” which will contain opportunity to inspect the Premises as designated on Exhibit “B” and with respect to the Premises will complete Landlord’s Work as defined in Exhibit “C” on or before the Scheduled Completion Date, with such minor variations as Landlord may deem reasonably necessary due to unavailability of materials. Tenant shall have no right to enter or occupy the Premises until the Premises are Ready for Occupancy, except for purposes of installing vaults which of its nature requires installation prior to opening for business with prior written approval and consent from Landlord and provided such work must accommodate Landlord’s construction schedule and process. Notwithstanding anything to the contrary contained in this Lease, in the event that Landlord does not deliver the Demised Premises to the Tenant in the condition required under this within ninety (90) days following the Scheduled Completion Datefullest extent deemed necessary by Tenant, Tenant may, in its sole discretion, elect including but not limited to terminate this Lease upon five (5) days written notice to Landlord provided such notice is given within thirty (30) days following such period. 2.2 Tenant agrees to submit to Landlord plans inspection and specifications testing for any and all improvements which are Landlord’s responsibility, within sixty (60) days after the date of this lease, in such detail as Landlord may reasonably request covering Tenant’s Work as specified in Exhibit “C”, and any other work which Tenant proposes to do in the Premisesenvironmental conditions or hazards. Such plans and specifications shall substantially comply with all requirements set forth in Exhibit “C”. Tenant shall not commence any work in the Premises until Landlord has approved such plans and specifications, in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove (with reasonable specificity) Tenant’s plans and specifications in writing within thirty (30) days after Landlord has received the same from Tenant. In the event that Landlord fails to timely approve or disapprove Tenant’s plans and specification as required herein, then Landlord shall be deemed to have granted its approval. 2.3 Upon written notification from Landlord that the Premises are Ready for Occupancy, Tenant agrees to take possession and proceed with commercially reasonable due diligence to perform the work described in such plans and specifications which have been approved by Landlord and to install its fixtures, furniture, and equipment in the Premises. Upon By occupying the Demised Premises, Tenant shall be deemed to have accepted the same "as is" and to have acknowledged that the Landlord has complied same comply fully with all of its Landlord's covenants and obligations with respect hereunder. 3.2 If this Lease is executed before the Demised Premises becomes vacant, or if any present tenant or occupant of the Demised Premises holds over, and Landlord cannot acquire possession of the Demised Premises prior to the construction Commencement Date of the Premisesthis Lease, except for punch list items and defects in Landlord’s Work which are latent at the time the Premises are occupied. (a) Unless delayed by events of force majeure or other events beyond Tenant’s reasonable controlas above defined, Tenant agrees to employ reasonable efforts to open the Premises to the public for business within one hundred eighty (180) days after the Premises are Ready for Occupancy, except that Tenant Landlord shall not be obligated deemed to open the Premises to the public for business until Landlord has substantially completed construction of the Shopping Center; including all Common Areas. (b) In the event that Tenant fails to open the Premises for business fully fixtured, stocked, and staffed within one hundred and eighty (180) days from the Rental Commencement Date, then, unless such delay is caused or occasioned by Landlord or events of force majeure or other events beyond Tenant’s reasonable control, the Tenant shall be in default hereunder, and Tenant agrees to accept possession of the Demised Premises at such time as Landlord is able to tender the same. Landlord hereby waives the payment of rent covering any period prior to tender of possession of the Demised Premises to Tenant hereunder. 2.5 Intentionally Deleted3.3 In the event of the Landlord's desire to renovate, relocate and/or expand any area, facility, prototype or appurtenance, Tenant and Landlord agree upon thirty (30) days' written notice to coordinate all activities, including but not limited to business termination date, construction start and completion dates, milestone dates, relocation, business regrand opening, etc. In such event, Landlord will utilize its best efforts to expeditiously pursue and complete the Demised Premises in accordance with the host construction schedule. Landlord will waive its rental requirements during the construction period and will sustain, within reason as agreed, relocation expenses incurred by Tenant to the new demised location. In no event will Landlord be responsible for "loss of business", "lack of trade", or any other claim resulting out of host's desire to improve the property. 2.6 Intentionally Deleted. Please initial: Landlord: Tenant: 2.7 Intentionally Deleted.