Common use of CONSTRUCTION AND COST OF TENANT IMPROVEMENTS Clause in Contracts

CONSTRUCTION AND COST OF TENANT IMPROVEMENTS. Landlord shall cause a contractor designated by Landlord (the "Contractor") to (i) obtain all applicable building permits for construction of the applicable Tenant Improvements (collectively, the "Permits"), and (ii) construct the applicable Tenant Improvements as depicted on the applicable Approved Working Drawings therefor, in compliance with such applicable Permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Except as otherwise provided in this Tenant Work Letter, Landlord shall pay for the cost of the design and construction of the Tenant Improvements. The cost of the design and construction of the Tenant Improvements shall include Landlord's construction supervision and management fee in an amount equal to the product of (i) five percent (5%) and (ii) the total cost of the design and construction of the Tenant Improvements. In the event Tenant requests any changes, change orders or modifications to the applicable Working Drawings and/or the Approved Working Drawings for the applicable Tenant Improvements (which Landlord approves pursuant to Section 1 above) which increase the cost to construct such applicable Tenant Improvements above the cost of the applicable tenant improvements as described in the applicable Final Space Plan therefor, then Tenant shall pay such increased cost to Landlord immediately upon Landlord's request therefor, and, in any event, prior to the date Landlord causes the Contractor to commence construction of the applicable changes, change orders or modifications. In no event shall Landlord be obligated to pay for any of Tenant's furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the applicable Construction Drawings; such items shall be paid for by Tenant. EXHIBIT B SECTION 3

CONSTRUCTION AND COST OF TENANT IMPROVEMENTS. Landlord shall and Tenant hereby agree that Landlord shall, at Landlord’s expense (except as provided in this Section 2) cause a contractor designated by Landlord (the "“Contractor"”) to (i) obtain all applicable building permits for construction of the applicable Tenant Improvements (collectively, the "Permits")Improvements, and (ii) construct the applicable Tenant Improvements as depicted on the applicable Approved Working Drawings thereforDrawings, in compliance with such applicable Permits building permits and all applicable laws in effect at the time of construction, and in good workmanlike manner. Except as otherwise provided in this ; provided, however, if (A) the Approved Working Drawings differ with respect to the quality and quantity of those tenant improvements described and depicted on the Final Space Plan, and/or (B) Tenant Work Letter, Landlord shall pay for the cost request any changes or substitutions to any of the design Construction Drawings, and construction such differences, changes and/or substitutions result in a net increase in the costs of the Tenant Improvements. The cost of the design design, permitting and construction of the Tenant Improvements in excess of the costs of the design, permitting and construction of those tenant improvements described and depicted on the Final Space Plan, then Tenant shall pay such excess costs (which shall include a Landlord's construction ’s supervision and management fee in an amount equal to the product of (i) five percent (5%) of such costs and which shall also include a Contractor fee not to exceed fifteen (ii15%) of such costs which Contractor fee shall include general conditions, overhead and profit) to Landlord in cash within five (5) business days after Landlord’s request therefor. Notwithstanding the total cost of the design and construction of the Tenant Improvements. In the event Tenant requests any changes, change orders or modifications foregoing to the applicable Working Drawings and/or the Approved Working Drawings for the applicable Tenant Improvements (which Landlord approves pursuant to Section 1 above) which increase the cost to construct such applicable Tenant Improvements above the cost of the applicable tenant improvements as described in the applicable Final Space Plan therefor, then Tenant shall pay such increased cost to Landlord immediately upon Landlord's request therefor, andcontrary, in any event, prior to the date Landlord causes the Contractor to commence construction of the applicable changes, change orders or modifications. In no event shall Landlord be obligated to pay for any of Tenant's ’s furniture, computer systems, telephone systems, equipment or other personal property which may be depicted on the applicable Construction Drawings; such items shall be paid for by Tenant from Tenant. EXHIBIT B SECTION 3’s own funds.

CONSTRUCTION AND COST OF TENANT IMPROVEMENTS. (a) Landlord shall and Tenant hereby agree that Landlord shall, at Landlord’s expense (except as provided in this Section 2), cause a contractor designated by Landlord (the "“Contractor"”) to (i) obtain all applicable building permits for construction of the applicable Tenant Improvements (collectively, the "Permits")Improvements, and (ii) construct the applicable Tenant Improvements as substantially depicted on the applicable Approved Working Drawings thereforConstruction Drawings, excepting only minor variations (i.e., variations that are not inconsistent with the intent of the Construction Drawings) as Landlord may deem advisable and any Change Orders (as defined below) approved by Landlord in compliance with such applicable Permits building permits and all applicable laws in effect at Applicable Laws; provided, however, that the time issuance of construction, and in good workmanlike mannera temporary or permanent certificate of occupancy or final sign off on the job card upon Substantial Completion (as defined below) of the Tenant Improvements shall be deemed conclusive evidence of the compliance of the Tenant Improvements with Applicable Laws. Except as otherwise provided in this In the event that Tenant Work Letter, Landlord shall pay for request any Change Orders that increase the cost of the design and construction of the Tenant Improvements. The cost of the design and construction of the Tenant Improvements shall include Landlord's construction supervision and management fee in an amount equal to the product above of (i) five percent (5%) and (ii) the total cost of the design and construction of the Tenant Improvements. In the event Tenant requests any changes, change orders or modifications to the applicable Working Drawings and/or the Approved Working Drawings for the applicable Tenant Improvements (which Landlord approves pursuant to Section 1 above) which increase the cost to construct such applicable Tenant Improvements above the cost of the applicable tenant improvements as described in depicted on the applicable Final Space Plan thereforPlan, then Tenant shall pay such increased excess cost to Landlord immediately upon in cash within five (5) days after Landlord's ’s request therefor, andtogether with reasonable supporting backup documentation. Notwithstanding the foregoing to the contrary, in any event, prior to the date Landlord causes the Contractor to commence construction of the applicable changes, change orders or modifications. In no event shall Landlord be obligated to pay for any of Tenant's ’s furniture, computer systems, telephone systems, equipment or other personal property which that may be depicted on the applicable Construction Drawings; such , all of which items shall be paid for by Tenant. EXHIBIT B SECTION 3.

CONSTRUCTION AND COST OF TENANT IMPROVEMENTS. Landlord shall and Tenant hereby agree that Landlord shall, at Landlord’s expense (except as provided in this Section 2), cause a contractor designated by Landlord (the "“Contractor"”) to (i) obtain all applicable building permits for construction of the applicable Tenant Improvements (collectively, and the "Permits")Landlord Work, and (ii) construct the applicable Tenant Improvements as depicted on the applicable Approved Working Drawings thereforand the Landlord Work as set forth in Section 1.2 of this Tenant Work Letter, all in compliance with such applicable Permits building permits and all applicable laws Laws and Restrictions in effect at the time of construction, and in good workmanlike manner. Except as otherwise provided ; provided, however, in this Tenant Work Letter, Landlord shall pay for the cost of the design and construction of the Tenant Improvements. The cost of the design and construction of the Tenant Improvements shall include Landlord's construction supervision and management fee in an amount equal to the product of (i) five percent (5%) and (ii) the total cost of the design and construction of the Tenant Improvements. In the event Tenant requests any changes, change orders or modifications to the applicable Working Drawings and/or that (A) the Approved Working Drawings for differ with respect to the applicable quality and quantity of those tenant improvements depicted on the Final Space Plan, and such differences were caused by Tenant’s requests, and/or (B) Tenant Improvements (which Landlord approves pursuant shall request any changes or substitutions to Section 1 above) which any of the Construction Drawings, and such differences, changes and/or substitutions increase the cost to construct such applicable of construction of the Tenant Improvements above the cost of the applicable tenant improvements as described in depicted on the applicable Final Space Plan thereforPlan, then Tenant shall pay such increased excess cost (which shall include a Landlord’s supervision fee equal to three percent (3%) of such excess cost) to Landlord immediately upon in cash within thirty (30) days after Landlord's ’s request therefor, and. Notwithstanding the foregoing to the contrary, in any event, prior to the date Landlord causes the Contractor to commence construction of the applicable changes, change orders or modifications. In no event shall Landlord be obligated to pay for any of Tenant's ’s furniture, computer systems, telephone systems, equipment or other personal property which that may be depicted on the applicable Construction Drawings; such , all of which items shall be paid for by Tenant. Notwithstanding the foregoing, Tenant shall be entitled to a one-time allowance (the “Moving Allowance”) in an amount up to One Hundred Five Thousand Eight Hundred Sixteen Dollars ($105,816.00) for the costs reasonably and actually incurred by Tenant and paid to third-parties in connection with its moving into the Premises. The Moving Allowance will be disbursed by Landlord in accordance with Landlord’s standard disbursement procedures, including, without limitation, following Landlord’s receipt of (i) evidence (i.e., invoices, contracts, or other documentation reasonably satisfactory to Landlord) of Tenant’s payment of its moving costs, and (ii) written notice from Tenant requesting such disbursement. In no event shall Landlord be obligated to disburse any amount in excess of the Moving Allowance in connection with any moving costs incurred by Tenant (other than the Additional Moving Allowance provided below). No portion of the Moving Allowance, if any, remaining thirty (30) days after Tenant’s move into the Premises shall be available for use by Tenant. In the event that the Tenant Improvements are not Substantially Completed by September 30, 2013, and such failure was not due in any part to Tenant Delay (as that term is defined in Section 3.2, below), then in connection with Tenant’s leasing of the Temporary Space as set forth in Section 3(b) of this Lease, Tenant shall be entitled to an additional one-time allowance EXHIBIT B SECTION 3D 2 [Cypress Building] [Griptonite, Inc.] (the “Additional Moving Allowance”) in an amount up to Fifty-Two Thousand Nine Hundred Eight and No/100 Dollars ($52,908.00) for the additional costs reasonably and actually incurred by Tenant and paid to third-parties in connection with first moving into the Temporary Space and then moving into the Premises. In no event shall any portion of the Additional Moving Allowance be applied towards any cost related to moving into the Temporary Space or Premises that is duplicative of costs related to moving into the Premises or Temporary Space, respectively, unless such costs are separate and distinct costs actually and reasonably incurred by Tenant The Additional Moving Allowance will be disbursed by Landlord in accordance with Landlord’s standard disbursement procedures applicable to the Moving Allowance as set forth above. In no event shall Landlord be obligated to disburse any amount in excess of the Additional Moving Allowance in connection with any costs incurred by Tenant (other than the Additional Moving Allowance provided below). No portion of the Additional Moving Allowance, if any, remaining thirty (30) days after Tenant’s move into the Premises shall be available for use by Tenant.